Doctor joins forces with opposition MPs to seek court ruling against decriminalising marijuana

The lawsuit filed by Smith Srisont, a member of the Medical Council and president of the Forensic Physician Association of Thailand, named Public Health Minister Anutin Charnvirakul and the Narcotics Control Board (NCB) as co-defendants.

The lawsuit was co-filed by Pheu Thai party-list MP Sutin Klungsang, Tawe Sodsong, secretary-general of Prachachart Party, Move Forward party-list MP Nattawut Buaprathum, Virt Varotsirin, deputy Seri Ruam Thai Party leader, Nikhom Boonvises, leader of Palang Puangchon Chao Thai party.

The lawsuit asked the court to nullify the Public Health Ministry’s directive dated February 8, 2022 that removed marijuana from the list of Category 5 Narcotics.

The lawsuit urged the court to revoke the directive with retroactive effect and also asked the court to put marijuana back on the list of Category 5 Narcotics in accordance with the ministry’s directive dated December 8, 2020.

The February 8 directive took effect from early September and decriminalised marijuana despite criticism by doctors who feared youths would abuse the plant as a drug in the absence of any law to govern its use.

Anutin issued the directive in accordance with his party’s 2019 election manifesto that the Bhumjaithai would decriminalise marijuana so that ganja could be used for medical and economic purposes.

The lawsuit also asked the court to issue an junction suspending the enforcement of the February 8 directive pending a court ruling.

The lawsuit alleged that the public health minister and the NCB had acted with dishonesty and without prudence to remove marijuana from the narcotics list.

The lawsuit reasoned that the directive was announced without any law in place to control the use of marijuana and to protect consumers from abuse of the plant.

The suit alleged that the directive violated the government’s platforms delivered to Parliament that it would seriously address drug issues by strictly enforcing the law and cracking down on narcotics production and suppressing drug traffickers.

The plaintiffs said in the lawsuit that the directive failed to state clearly that the decriminalising of marijuana was for medical purpose so the directive was unlawful and added too much burden on the people to protect themselves.

Speaking to reporters after filing the suit, Smith said he and opposition MPs were not against the use of marijuana for medical purpose.

He said marijuana could still be used for medical purpose without the February 8 directive.

“We simply want the directive to be revoked until the Public Health Ministry and government agencies concerned have a law in place to control marijuana and protect consumers from the use of the plant,” Smith said.

“Now, the government cannot control the abuse of marijuana by children and youths and several communities have abused it openly, causing long-term issues for the Thai society.”

So far, the Public Health Ministry’s bill on hemp and marijuana has not passed the second and third readings in the House because the opposition and coalition partner Democrat Party voted to send the draft back to be reviewed by a special panel that has vetted the bill.

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