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Home Industry News Business

Cannabis in Asia – Overview of Asian Laws

AC Moon Cameron by AC Moon Cameron
August 9, 2024
in Business
Cannabis in Asia

Asia is the home to more than half of the world population, with over 4 and a half billion inhabitants, separated into 48 distinct countries. In totality, only 19 provinces of Asia have adopted Medical Cannabis laws.  It’s said that less than 1% of the population admits to using cannabis.  This is twice as true in the few remaining communist countries that still exist, a majority of which reside on Asian soils.  China led the way as the largest known communist ran government, as well as Loas, Cuba, North Korea, Vietnam and distant Japan. From the Asian Pacific islanders all the way inland, we can see a very expansive and unique viewpoint of law sets within each defined nation and culture. 

It is always recommended and crucial for business travelers and tourists to thoroughly understand the specific legal context of the country they are visiting. In addition to that, engaging in any cannabis-related activities in jurisdictions with strict laws can result in serious legal consequences. In general 

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North and South Korea

Places like North Korea are kept extremely private in their beliefs and government structure, so in many places foreigners cannot gain access to the local information of laws and rules. With deeply ingrained punishment fears a large portion of Asian governments still carry a deep stigma with the Cannabis plants and enforce harsh punishments including death sentences in more than one country.

In contrast South Korea became the first East Asian country to legalize Medical Cannabis which is defined by the governing of cannabinoids similar to America and is strict in its policy with only chronic cancer, aids and epilepsy patients having access.

Thailand

One nation that has been recently in the highlights of Cannabis evolution is Thailand.   Recently fully legalized for adult use and Medical Cannabis combined, there is no limit on the number of plants a local can cultivate, as there has been given a free reign to cultivate as long as not gaining commerce from it.  The boom of industry has been an enormous green rush, seeing over a million different forms of Cannabis dispensaries and businesses form with little to no government oversight.

Ran by the Department of Thai Traditional and Alternative Medicines (DTTAM), the current laws are in the process of being turned back to have a stricter governance plan in place by the end of the year for high tetrahydrocannabinol (THC) containing products. 

  •  >0.2% THC – Industrial Hemp
  •  <0.2% THC – Medical or adult Cannabis use

Currently an entrepreneur must seek a license from the Thai FDA to create fully legal hemp products, which are lawful only if they contain less than 0.2% of THC and this can be sold without restrictions.  In all aspects of cannabis consumption anyone under the age of 20, pregnant or breastfeeding are not allowed to consume or possess any part of the plant.   Penalties in place for growing for commercial intent without permits now stand at – 1-3 years prison sentence + 20-30,000 Baht fine. Larger quantities can evoke a sentence up to 15 years with Drug Cartels still receiving the Death penalty.

India

India has always led the way as a large producer of Hemp and Hemp products, even though American prohibition Hemp oils and seeds have been traded in the health and wellness sector of commerce.   When it comes to Cannabis with high THC delta 9, the country is still torn into many cultures, many of which still find the intoxicating effects of Medical Marijuana a negative thing.  Nationwide, Cannabis is considered illegal.  States such as Odisha have stepped up to create their own legal Cannabis state and the region is expanding from the tourism caused by it.    

Other states, including areas as far down as the Purple Kush Valley, are well known for their cannabis-friendly culture though they still are governed by prohibitionary laws.  Many women in India still battle with the stigma of dirtiness if involved with the plant and on a social level and groups of women fight for their rights to be part without prejudice and persecution of misogyny.  The Yogi culture has used cannabinoids in spiritual practice for centuries and the unity of those vibrations still exist in protected areas.  

In general, India can be considered a very spiritual and welcoming country to the cannabis culture with fines for foreigners’ possession being minimal and punishments for locals growing without permits as little as 6 months in jail and 10,000 Rs fines.  

China

The world’s largest communist nation has now entered a very prominent stance on industrial hemp, being the producer of over 70% of the planet’s textile biomass.  Cannabidiol (CBD) containing products can be seen sold on local shelves. Recreational Cannabis use is still frowned upon even with a strong illicit underground culture and people caught using the plant can face up to 15 days in local jails and can be fined 2,000 Yuan. Severe penalties are imposed on those captured during smuggling.

Taiwan sets itself to strong policies with categorizing Cannabis as a strict schedule 2 narcotic which holds the penalty of life imprisonment if caught cultivating, manufacturing or distributing the drug.

Cambodia

This country remains a cannabis friendly destination for consumers with a very socially accepted experience that can be seen in public throughout the country.  A plethora of restaurants cater to cannabis infused foods and drinks openly and can be an entertaining experience to visit and consume.  Cannabis is technically illegal in the nation, but local law enforcement does not condemn it and has never been seen as a problem within its borders.

Vietnam 

Cannabis is easily obtained and its use is widely ignored by local law enforcement. Traffickers and large cartels will be punished with years of imprisonment, as cannabis is technically illegal, nevertheless it has reached a point of social de-stigmatization within its borders.

Malaysia 

This country is in the process of legalizing medical cannabis, but currently remains illegal for recreational use, with a mandatory death sentence for those caught trafficking.

Philippines

It has a strong cannabis underground culture, but remains illegal with imprisonment for those found selling or distributing cannabis inflorescences and derived products. 

Saudi Arabia

This country  is amongst some of the strictest countries with public whippings given to known consumers and death penalty for those caught smuggling.

Mongolia

This very remote and ungoverned country possesses a rich cultural background in cultivating and using Hemp products, with a small cultural awareness of high THC medical cannabis, cannabis remains prohibited by governing laws.

Tibet

Even if this is a sovereign nation of sacramental use of cannabis in religious rights, cannabis is prohibited and carries a weight of 5 years imprisonment if caught cultivating it. Tibet has long been researched as having been the birthplace of several base strains of original Landrace Cannabis with proof of its use dating back 1000’s of years. 

Japan

The persecution of the cannabis and hemp plants started following the American enforced law prohibiting its use imposed after World War 2. Cannabis has been considered taboo though its use in all aspects of life, can be dated back several thousand years. Industrial hemp has now made a comeback and is thriving on the island. Recently, in late 2023 Japan has legalized medical cannabis, but laws have yet to be structured or implemented. There is a small underground of hemp enthusiasts that can be found in the mountains that preserve the rich history with the Hemp Museum venues.

Indonesia

It continues to hold a strict policy against the cultivation or use of cannabis and Hemp with penalties reaching over 5 years in prison if caught cultivating illegally.

Nepal 

This continues to be a cannabis friendly place, offering many adventures to tourists. Many retreats have been created to allow the spiritual and cultural practices of the region to be taught to the cannabis curious.

Wrap-up of Cannabis consumption in Asia

With much of Asia being the ground zero of many forms of cannabis and hemp genetics, with its use dating back from the beginning of time, it is intriguing to see the amount of continued prohibition that centers around the plant.  Regions such as Pakistan that have a strong cannabis and hash culture are leading the way to bring this reborn commerce back onto the continent. Traveling with the intent to consume in many regions can be a dangerous decision and take time to due diligence on areas of interest to you. Get to know the culture and laws well before deciding to travel and stay aware of the effects of cannabis products that have potentially been tainted with obscure substances.

 References:
1. https://ddb.gov.ph/
2.https://vietnamlawmagazine.vn/
3.https://www.bangkokpost.com/topics/1700988/cannabis-law
4.https://economictimes.indiatimes.com/small-biz/sme-sector/from-textiles-to-plastic-india-needs-to-get-high-on-hemp/articleshow/105946819.cms?from=mdr
5.https://www.scmp.com/business/companies/article/3005011/mania-chinas-hemp-related-prompts-stock-regulator-crack-down
6.https://thediplomat.com/2017/04/beware-vietnams-death-machine/
7.https://www.cannabisbusinesstimes.com/author/cnnphilippines/
8.https://www.arabnews.com/node/2485891/saudi-arabia

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