CHLLENGES IN THE IMPLEMENT OF THE NEW NARCOTIC DRUG LAWS : IN ACCORDANCE WITH THE NARCOTIC DRUGACT, B.E. 2564

Abstract

Drug addiction is a pervasive societal problem at one level or another in nearly every country globally. In Thailand, the issue of drug addiction is a cause for concern, with the accumulation leading to adverse effects and consequences for society at all levels, starting from the family level to the community level and extending to the national level for an extended period. It is imperative that earnest efforts be made by individuals associated with every organization to address and rectify this issue. Hence, it can be seen that drug addiction is a serious societal problem at the national level because every society is impacted by this issue. This includes the spread of drug addiction in Thai society, despite preventive measures and efforts to crack down on both clandestine distributors and users. However, the problem cannot be completely eradicated and rectified due to its intricate nature. Moreover, the prolonged existence of this issue has intensified its severity over time. On November 8, 2021, the Royal Gazette published new drug-related legislation, comprising two acts: the Narcotics Act (No. 2) B.E. 2564 and the Act on the Adjudication of Drug Cases (No. 2) B.E. 2564. These laws, which came into effect on November 9, 2021, consist of 24 sections and focus on the compilation of drug laws and the procedures for considering drug cases under the Narcotics Act B.E. 2564. Notably, certain observations arise from this legislation as it emphasizes viewing drug users as patients, advocating for rehabilitation instead of punishment. Nevertheless, the practical implementation of this approach remains unclear due to the absence of subsidiary laws. Therefore, the enforcement of the existing laws raises questions about whether it truly aligns with this mindset or, in other words, whether the actual practice of sending drug users for rehabilitation is occurring. The reduction of penalties may lead to concerns regarding the activities of drug dealers and users. Consequently, it is evident that the enactment of these laws has significantly favored the interests of the offenders, inducing a diminished fear of the law.