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.
Selling or Importing Medicines Without a Licence in Thailand
Producing, selling or importing modern medicines without the FDA licence required by the Drug Act.
Drug Act B.E. 2510 §12, Drug Act B.E. 2510 §101
Up to 5 years imprisonment and a fine of up to THB 10,000 (section 101). Limited section 13 exemptions apply, including compounding on a prescription (§13(2)), doctors and dentists selling to their own patients and sales of household remedies or non-dangerous herbal medicines (§13(3)), and a traveller's 30-day personal supply (§13(4)).
serious
Definition
Producing, selling or importing modern medicines without the FDA licence required by the Drug Act. Under Thai law, this offence is classified as a serious offence within the category of food-drug.
Legal Basis
Drug Act B.E. 2510 §12
Primary legislative provision for selling or importing medicines without a licence offences.
Drug Act B.E. 2510 §101
Primary legislative provision for selling or importing medicines without a licence offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Producing, selling or importing a modern medicine
Without the licence required by section 12
Not within a section 13 exemption
Penalties
Maximum Penalty
Up to 5 years imprisonment and a fine of up to THB 10,000 (section 101). Limited section 13 exemptions apply, including compounding on a prescription (§13(2)), doctors and dentists selling to their own patients and sales of household remedies or non-dangerous herbal medicines (§13(3)), and a traveller's 30-day personal supply (§13(4)).
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:
Falls within a section 13 exemption (e.g., household remedy, personal 30-day supply, prescription compounding)
Not a 'medicine' within the Act's definition
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Running a shop, pharmacy or online store that sells medicines or many supplements without a licence is an offence; penalties can be compounded with customs charges for unlicensed imports.
When Legal Representation Matters
If you are accused of selling or importing medicines without a licence 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.
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