GUIDELINES FOR THE DECRIMINALIZATION IN DRUG CASES OF AMPHETAMINE: CASE STUDY IN LEGAL MEASURES FOR THE MEDICAL UTILIZATION OF AMPHETAMINE

Abstract

The objectives of this research were: Firstly, to study on the problem of narcotics law enforcement of Amphetamine in Thailand, as well as problems, obstacles, and limitations on medical use of Amphetamine; Secondly, to study on background, concepts, and theories related to appropriate punishment with the offences related to Amphetamine as well as decriminalization of drugs cases of Amphetamine; Thirdly, to study and compare international narcotics laws with foreign narcotics laws, and Thai laws on appropriate punishment with the offences related to drugs, decriminalization of drugs cases, and medical use of Amphetamine; and Finally, to study on the guidelines for decriminalizing drugs cases of Amphetamine and Amphetamine importation for medical use in order to be applied to Thai narcotics laws. Based on the research, it was found that ATS was formerly classified as Psychotropic Substance Category 2 according to the Psychotropic Substance Act B.E. 2518. In 1996, the Ministerial Regulations of the Ministry of Public Health was amended by classifying ATS as Psychotropic Substance Category 1 according to the Narcotics Act B.E. 2522. Consequently, it is impossible to utilize Amphetamine and Methamphetamine for medical purpose because the Narcotics Act B.E. 2522 gives no opportunity to use Narcotic Drug Category 1 for medical purpose, i.e.,  there is no legislation defining criteria and conditions to control and direct the medical use of Amphetamine and Methamphetamine. In addition, there is also no explicit fee rate for such case as same as the medical use of Narcotic Drug Category 2 that has been defined by laws on specific conditions and criteria. Accordingly, besides being useless for solving the problem on drug abuse, severe punishment that is not appropriate with offence’s severity is also inconsistent with The Single Convention on Narcotic Drugs 1961 while many member countries (e.g., U.S.A., UK, Germany, and Portugal) currently adjust their drugs policies and decriminalize drugs cases of drug addicts, for example, cancelling some types of drug abuse or any action of drug addicts that is considered as minute offence as illegal offence. Moreover, the medical use of Amphetamine and Methamphetamine is also controlled and permitted.

Accordingly, the researcher would like to propose the guidelines for solving such problems as follows: 1) the Notification of the Ministry of Public Health should be amended that could be performed more easily than amendment of the Narcotics Act B.E. 2522;  2) The Notification of the Ministry of Public Health should be amended by altering Amphetamine from being classified as Narcotic Drug Category 1 according to Narcotics Act B.E. 2522 to be Narcotic Drug Category 2 according to the Psychotropic Substance Act B.E. 2518 as previous because it was less complex for performing and there should be some legal measures under the Psychotropic Substance Act B.E. 2518 in controlling  the medical use of Narcotic Drug Category 2; 3) Amphetamine should be classified as Narcotic Drug Category 2 according to the Psychotropic Substance Act B.E. 2518 because punishment of offences related to Amphetamine would be more appropriate; and 4)  Adjustment of Amphetamine as Narcotic Drug Category 2 according to the Psychotropic Substance Act B.E. 2518 enabled narcotics law enforcement of Amphetamine in Thailand to be consistent with the criteria of international narcotics act.