Legal Measures to Control the Cultivation and Use of Marijuana Household

Abstract

        The objectives of this research are to (1) study the concepts, theories, and the history of growing and using marijuana in the household; 2) analyze the laws related to marijuana in Thailand; (3) analyze a comparative study on the laws related to the cultivation and use of marijuana in Thailand and other countries (Uruguay, Canada, United States (Colorado), Laos, and Myanmar); and (4) propose legal measures to control the cultivation and use of marijuana in a suitable household and in accordance with the Thai context.

          Qualitative research is applied in the research methodology. The data are analyzed based on documentary concepts, theories, laws, academic works including electronic and media on the cultivation and use of marijuana in the households. As well as a comparative analysis of the laws related to the cultivation and use of marijuana in Thailand and other countries mention above to guide the preparation of legal measures to control cultivation and use of marijuana in the household that are appropriate and consistent with the Thai context.

          The study reveals that (1) Cannabis is a medicinal plant that has been with mankind for a long time since pre-Christian times. It has been cultivated and used in households for a long time. It began with the use of weaving fibers for food, medicine and religious ceremonies. including recreation. This shows that cannabis has been a part of human culture and way of life both in Thailand and in many countries since ancient times; (2) Thailand defines cannabis as an illegal drug, Although the Narcotic Drugs Act (No. 7) B.E. 2562 has unlocked the law for use in medicine and research, there is a restriction that can only be planted by government agencies and 7 groups of organizations or individuals under section 26/5. Civilians are unable to grow and use them in any household. This is inconsistent with the current Thai society where there is a need to grow and use cannabis for consumption more, including inconsistent with the concept of jurisprudence in reality (Sociology of Law) to see whether the conditions of law enforcement and the facts are consistent with the context of society at that time or not, and concepts of The Sociological of Law that the law making must be followed to keep up with society; (3) Uruguay, Canada, and the United States (Colorado) have specific legal measures to regulate marijuana that separate from drug laws by allowing people to legally grow and use marijuana by using control measures by means of obtaining permission. Laos has legal measures to control marijuana in the penal code with measures prohibiting the cultivation and use of marijuana. People cannot legally grow and use marijuana. For Myanmar and Thailand, legal measures to control marijuana are included in drug laws. Myanmar has adopted measures to control marijuana by banning the cultivation and use of marijuana in the same way as Laos. Thailand has implemented marijuana control measures by means of obtaining permission under the rules, procedures, and conditions specified by the state, which has a limited extent that only certain groups can grow and use marijuana lawfully. In addition, the United Nations (UN) modified the regulations by removing marijuana from the list of the highest levels of controlled substances (Table 4) of the 1961 Single Convention on Narcotic Drugs, proposed by the World Health Organization (WHO). Academic results and research studies clearly indicate the properties and benefits of medicinal marijuana plants in the treatment of diseases.; and (4) Thailand should consider to having legal measures to control the cultivation of marijuana and marijuana specifically that separate from the law on narcotics. As well as Uruguay, Canada and the United States (Colorado) to establish appropriate control measures. consistent and current with the changing social context.