Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Counterfeit Medicines in Thailand
Making, selling or importing fake, falsely-labelled or grossly off-specification medicines.
Drug Act B.E. 2510 §72(1), Drug Act B.E. 2510 §73, Drug Act B.E. 2510 §117, Drug Act B.E. 2510 §119
Manufacturing counterfeit medicine: 3 years to life imprisonment and a fine of THB 10,000–50,000 (section 117). Selling or importing it: 1 to 20 years and a fine of THB 2,000–10,000 (section 119); a lower fine applies where the seller genuinely did not know the medicine was counterfeit.
severe
Definition
Making, selling or importing fake, falsely-labelled or grossly off-specification medicines. Under Thai law, this offence is classified as a severe offence within the category of food-drug.
Legal Basis
Drug Act B.E. 2510 §72(1)
Primary legislative provision for counterfeit medicines offences.
Drug Act B.E. 2510 §73
Primary legislative provision for counterfeit medicines offences.
Drug Act B.E. 2510 §117
Primary legislative provision for counterfeit medicines offences.
Drug Act B.E. 2510 §119
Primary legislative provision for counterfeit medicines offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
The product is a counterfeit medicine as defined in section 73 (fake, imitation, falsely labelled, or active ingredient off by more than 20%)
The accused produced, sold or imported it
Penalties
Maximum Penalty
Manufacturing counterfeit medicine: 3 years to life imprisonment and a fine of THB 10,000–50,000 (section 117). Selling or importing it: 1 to 20 years and a fine of THB 2,000–10,000 (section 119); a lower fine applies where the seller genuinely did not know the medicine was counterfeit.
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Proof the seller did not know it was counterfeit (reduces the penalty)
The product is genuine and correctly registered
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Counterfeit-medicine offences are among the most serious in the Act; a conviction can mean long imprisonment and, for foreigners, deportation and blacklisting.
When Legal Representation Matters
If you are accused of counterfeit medicines or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
feedback.wasThisHelpful