Thailand

Death Penalty 29/100

1 Does the country retain the death penalty for drug offences? Yes

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Thailand is listed as one of the states that retains the death penalty for drug offences in Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020.

2 What is the extent of death penalty application for drug offences in the country? Low Application

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Application of the death penalty for drugs offences is low in Thailand (source: Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020).

Extra-Judicial Killing 50/100

3 To what extent is the practice of extra-judicial killing prevalent in the course of military and police anti-drug activity? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Militarised Policing 50/100

4 To what extent are military or special security forces are involved in drug operations? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Life Sentencing 36/100

5 Is there provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences? Yes

source: GDPI Coding Team.

The Thai Narcotics Act allows for the life imprisonment in cases of the production, import, and export of category 1 narcotics (section 65.55); the illegal disposal of at least 20 grams of pure category 1 narcotics (66.56); and offences concerning morphine, opium, or cocaine (68.58).

6 Where there is provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences, what is the nature of such sentences? Life Without Parole

source: GDPI Coding Team.

Source: Dirk van Zyl Smit and Catherine Appleton, Life Imprisonment: A Global Human Rights ANot Applicablelysis (2019), Appendix A.

7 How frequently are formal life sentences imposed for drug use and personal possession offences? Rarely

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 How frequently are formal life sentences imposed for drug supply offences (production, dealing, or trafficking)?  Frequently

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Non-consensual confinement 25/100

9 To what extent is there a practice of non-consensual confinement in compulsory drug treatment centres? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Human Rights Violations 33/100

1 How often are suspects in drug cases subject to violence or torture by the police? Frequently

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

2 To what extent does arbitrary arrest and detention for drug offences exist? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

3 What is the country's score on the World Bank Fair Trial Indicator? Substantially Restricted

source: World Bank Data Repository: https://tcdata360.worldbank.org/indicators/hd45eb4d6?country=BRA&indicator=41895&viz=line_chart&years=1975,2019

Some elements of fair trials exist but the courts are not fully independent of the government and/or the justice system is characterized by widespread corruption, intimidation and inefficiency.

Equity of Impact of Criminal Justice Response 33/100

4 To what extent does enforcement of drug policy disproportionately impact certain ethnic groups?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does enforcement of drug policy disproportionately impact women?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

6 To what extent does enforcement of drug policy disproportionately impact low-income groups? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Mandatory minumum sentencing and pre-trial detention 37/100

7 Do the state’s drug laws or legal frameworks include mandatory minimum sentences for any drug offences? Yes

source: GDPI Coding Team.

Thailand Narcotics Act (Section 65): Drugs-related offences carry mandatory minimum sentences ranging from 4 to 10 years in prison.

8 For states whose drug laws or legal frameworks include mandatory minimum sentences for any drug offences, does this relate to first offences or multiple offences? Mandatory Minimum Sentences Apply to the First Offence

source: GDPI Coding Team.

Thailand Narcotics Act: no provision is made for leniency or differing punishments in the case of first offences. Therefore, all mandatory sentences are taken to apply in the first instance.

9 Do the state’s laws include mandatory pre-trial detention for drug offences? No

source: GDPI Coding Team.

Thai Criminal Procedure Code: the length of pre-trial detention varies in relation to the minimum penalties for crimes. Therefore, the lengths of possible detention periods will vary for drugs-related offences. However, such detention is not explicitly mandatory but can, instead, be ordered by the court.

Alternatives to arrest/prosecution/conviction/punishment 44/100

10 Is there any provision in state criminal justice policy for alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences? Yes

source: GDPI Coding Team.

Narcotics Addict Rehabilitation Act: compulsory treatment alternatives are provided to drug users under certain circumstances in lieu of imprisonment and prosecution.

11 Do alternatives exist at the point of initial contact with law enforcement (i.e., the police or other law enforcement officers) – before arrest and/or prosecution? No

source: GDPI Coding Team.

No discretion is given to arresting officers within the legislation. Anecodotal evidence suggests zealous enforcment of punitive drugs laws on the part of Thai police.

12 Do alternatives exist after the point of arrest, but before conviction or formal criminal court proceedings? No

source: GDPI Coding Team.

As before, no discretion appears to exist during the arrest and pre-trial periods.

13 Where individuals are convicted with a final sentence (courts), are there alternatives to incarceration for drug offences? Yes

source: GDPI Coding Team.

Courts possess the power to divert drugs-related offenders to compulsory treatment programs in lieu of other forms of punishment.

14 Do alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements?  Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

15 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, is relapse / non-attendance / treatment “failure” associated with subsequent imprisonment or punishment? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

16 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, are a range of treatment options and modalities made available to people based on their clinically assessed need or preferences? No

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

Extent of imprisonment of individuals involved in non-violent drug-related offences 25/100

17 To what extent does the pursuit of state drug policy result in the imprisonment of non-violent offenders? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (adjusted for topic confidence levels) of the GDPI survey of experts in state drug policy.

Decriminalisation Policy 0

18 Is there a provision in national legislation or in official national policy documents for the decriminalisation of drug use and the possession of drugs for personal use?  No

source: GDPI Coding Team.

The Thailand Narcotics Act was amended in 2019 to legalise the possession of cannabis for medical purposes (section 26/4), as such this doesn't constitute decriminalisation. There are restrictions on the potency, origin, and nature of the cannabis that can be used for medical purposes. Category 2 narcotics have also recently been legalised for research purposes, again, this doesn't constitute decriminalisation according to the definition used for this project.

19 What % of the population live in a state/territory with decriminalisation provisions? N/A

source: GDPI Coding Team.

Not Applicable

20 For states or sub-national units with decriminalisation, what substances are decriminalised? N/A

source: GDPI Coding Team.

Not Applicable

21 Where there are administrative (non-criminal) sanctions for drug use and possession for personal use, what is the severity of these sanctions? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

22 To what extent has decriminalisation in this state been effective in diverting people who use drugs away from the criminal justice system? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Extent to which State Policy Prioritises Harm Reduction for People Who Use Drugs 48/100

1 Is there an explicit supportive reference to harm reduction in national policy documents? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2035

2 Are people who use drugs included in the HIV national strategic plan? Yes

source: GDPI Coding Team.

The Thailand National Strategy to End AIDS 2017-2030 makes explicit reference to drug users (p. 6).

3 In states where people who use drugs are included in the HIV national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

The Thailand National Strategy to End AIDS 2017-2030 makes explicit reference to drug users as a vulnerable population (p. 18).

4 Are people who use drugs included in the Hepatitis-C national strategic plan? Coding Team Unable to Find Plan

source: GDPI Coding Team.

There does not appear to be a codified national plan for addressing Hep C within Thailand

5 In states where people who use drugs are included in the Hepatitis-C national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable.

6 Are people who use drugs included in the Tuberculosis national strategic plan? No

source: GDPI Coding Team.

The Operational Plan to end TB does not make explicit reference to drug users.

7 In states where people who use drugs are included in the Tuberculosis national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable.

Harm Reduction Funding 21/100

8 How Adequate Are Levels of Harm Reduction Funding Relative to Estimated Need? Moderately low

source: Harm Reduction International GDPI team

Estimated by Harm Reduction International at between 30-49% of harm reduction resource needs met (see project methodology for details)

9 Which of the following best describes the sustainability of harm reduction funding in the state over the next 3-5 years? Likely to be reduced

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Harm Reduction Intervention Availability and Coverage 22/100

10 Is at least one needle and syringe programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2035

11 Which of the following best describes the availability of needle and syringe programmes for people who inject drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

12 Is at least one opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2035

13 Which of the following best describes the availability of opioid agonist therapy programmes for people who use opioid drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

14 Is peer distribution of naloxone available in this state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2035

15 Which of the following best describes the availability of naloxone for people who use opioid drugs? Very Limited Availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

16 Is at least one in-prison needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2035

17 Which of the following best describes the availability of needle and syringe programmes to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

18 Is at least one in-prison opioid agonist therapy programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2035

19 Which of the following best describes the availability of opioid agonist therapy to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

20 Is at least one drug consumption room operational in ths state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2035

21 Which of the following best describes the availability of drug checking services to people who use drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to Harm Reduction Services 41/100

22 To what extent are there disparities in access to harm reduction services due to individuals’ ethnicity? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

23 To what extent are there disparities in access to harm reduction services for women, including during pregnancy? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

24 To what extent are there disparities in access to harm reduction services due to individuals’ sexual orientation and/or gender identity?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Policy prioritisation of availability and accessibility of controlled medicines for the relief of pain and suffering 42/100

1 Is there an explicit provision in national legislation (or in official national policy documents and regulatory instruments) that establishes the government’s obligation to make adequate provision to ensure the availability of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

Section 58.49 of the Thailand Narcotics Act makes clear that controlled, 'category 2' narcotics are to be made available for the treatment of diseases. Implicit within this is that these diseases will ential chronic pain and/or suffering and require drug-related mitigation.

2 Is there an approved national medicines policy plan that recognises the importance of the availability and accessibility of controlled medicines for the relief of pain and suffering? No

source: GDPI Coding Team.

Despite reference to the distribution of controlled medicines within the Thailand Narcotics Act, it appears that no discrete, national medicines plan exists to elaborate on this.

3 To what extent does the policy-making process relating to controlled medicines meaningfully include stakeholders such as medical boards, health professionals (including pharmacists), patients, and representatives of patients?  To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

De facto availability and accessibility of controlled medicines for the relief of pain and suffering 25/100

4 What range of narcotic drug consumption does the state fall into? Low Access

source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

Source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

5 To what extent are there geographic disparities in access to controlled drugs for the treatment of pain? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to controlled medicines for the relief of pain and suffering 42/100

6 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ gender? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

7 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ socio-economic status? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ ethnicity? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

9 To what extent are there disparities in access to opioid analgesics for the treatment of pain for people who use drugs? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Filter Question for 'Development' Dimension N/A

1 Does the country include ‘alternative development’ or ‘sustainable development’ programmes to provide alternatives to the cultivation of crops used for illegal drug production? Yes

source: GDPI Coding Team.

The Doi Tung AD project headed by the royal family is a notable example. This started as the Hill Tribe project and is set to continue in its new sustainability-orientated form until 2022.

Alternative Development Policy Design 63/100

2 Are Alternative Development policies and programmes embedded within a broader development programme? Yes

source: GDPI Coding Team.

The Royal Project AD goals and their continuation are enshrined within the 6-year Master Plan of Royal Project Development Centers 2017-2022, signed into law in 2016.

3 To what extent are local communities, participants, and (where applicable) indigenous and minority groups meaningfully included in the design, implementation, monitoring, and evaluation of alternative development policies and programmes? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

4 To what extent is the protection of the environment prioritised in alternative development policy and programmes?   To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does alternative development operate within a framework of militarized/security sector operations as part of security policy? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Management of Crop Eradication 72/100

6 Does alternative development policy include provisions for forced crop eradication? No

source: GDPI Coding Team.

There is no reference to enforced eradication within the AD-related legislation. While eradication is carried out by the ONCB, enforced eradication is unlikely, as Thailand has historically (and successfully) implemented positive AD strategies and worked alongside communities to constructively end drug cultivation.

7 Where provision is made for forced crop eradication, does policy also make provision for aerial spraying in forced crop eradication? No

source: GDPI Coding Team.

Though aircraft and UAVs are used to monitor drug cultivation, no references to aerial spraying exist within the legislation.

8 To what extent are alternative development programmes sequenced to ensure that targeted households have adopted viable and sustainable livelihoods in advance of any crop eradication efforts? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Efficacy of alternative development policy for key beneficiaries 23/100

9 To what extent do alternative development policies and programmes facilitate the empowerment of women? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

10 To what extent do alternative development policies and programmes benefit young people? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

11 To what extent do alternative development policies and programmes implement a successful ‘pro-poor’ strategy? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.