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Thailand is expected to lift the ban on e-cigarettes, and the underground market is worth 6 billion baht

2023-06-06

According to multiple sources, the Thai general election held in May is likely to be a turning point in Thailand's electronic cigarette policy, and the multi-year ban on electronic cigarettes is coming to an end.


The Thai Tobacco Association said that although vaping is currently banned in Thailand, it is possible that e-cigarettes will be legalized after the country holds elections this year.


The association believes that the legalization of e-cigarettes will help the government strengthen regulation, provide better protection for consumers, and better avoid the use of e-cigarettes by young people by strictly stipulating the age of buyers.


According to the current relevant regulations in Thailand, even the mere possession of e-cigarettes can be confiscated, a huge fine or even a penalty of up to five years in prison. But even so, Thailand is still one of the major e-cigarette consumer markets in Southeast Asia, and its law enforcement corruption has made it controversial.

Some believe that the root cause is that, although Thailand has banned the possession, sale and import of e-cigarettes since 2014. But the strict penalties have encouraged extortion by law enforcement officials. This year, for example, six people in a regular law enforcement operation in Bangkok demanded 27,000 baht (about $800) from a tourist to help them avoid being detained for possession of e-cigarettes.


Thailand's Minister for Digital Economy and Society Thanakamanusorn recently confirmed that decriminalization will be part of the People Power Party's (PPRP) general election platform. This move has recently gained considerable influence in the Thai public opinion environment. In 2021, the minister publicly expressed support for the legalization of e-cigarettes in the face of pressure from anti-vaping advocates.

However, there is also a strong anti-vaping force at the top in Thailand. For example, Deputy Prime Minister and Public Health Minister Anutin Charnvirakul and leaders of the Proud Thai Party have repeatedly reiterated their position that e-cigarettes will pose health risks and encourage more people to smoke, and the previous ban on e-cigarettes must be continued.


The Thai Tobacco Control Organization (ECST) has called for the e-cigarette ban to be lifted.


According to the ECST, the sale and use of e-cigarettes is illegal in Thailand, which has led to the emergence of an unregulated black market for e-cigarettes and increased access to e-cigarettes for minors. Instead of banning e-cigarettes, it is better to legalize e-cigarettes and put their sale and use under regulation.


Its director, Asa Saligupta, said the anti-vaping stance was supported by powerful interest groups: "There are many anti-vaping groups in Thailand that support a ban on e-cigarettes, and they have strong financial strength."

They believe Thai anti-vaping groups are funded from overseas. For example, Bloomberg Philanthropies, the funding arm of billionaire Michael Bloomberg, an anti-vaping icon in the United States, supports anti-vaping organizations operating in Thailand.


But it seems that the legalization of e-cigarettes is gaining momentum in Thai politics, Asa Saligupta said, "Recently, one of the most popular and well-known political parties, Kadima, also announced the legalization of [e-cigarettes] as their election policy."


Asa Saligupta also mentioned that the so-called e-cigarette ban does not really ban e-cigarettes: "Walking on the streets of big cities such as Bangkok, you will see many people holding heated tobacco products or vaping e-cigarettes. After research by an economics professor, it was estimated that the value generated by the underground economy of e-cigarettes is about 6 billion baht (about 1.2 billion yuan)."


Asa Saligupta said it was "very common" for Thai police to use the e-cigarette ban to extort money. While the news has mostly focused on cases involving foreigners, "this is also a common problem faced by the Thai people."

At the same time, Asa Saligupta also pointed out the current regulatory difficulties: Thailand's drug laws are quite strict, but in 2022, the cultivation and possession of cannabis was legalized on the grounds that it has medical value. However, the harm reduction value of e-cigarettes has not been recognized by the Thai medical community.

From the point of view of all parties, if the Thai election is carried out in the direction of the forces supporting the legalization of electronic cigarettes, this electronic cigarette ban may eventually usher in an end.

 
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