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Substandard or Deteriorated Medicines in Thailand
Selling or importing medicines that are below standard, degraded or past their expiry date.
Drug Act B.E. 2510 §72(2), Drug Act B.E. 2510 §72(3), Drug Act B.E. 2510 §74, Drug Act B.E. 2510 §75, Drug Act B.E. 2510 §118, Drug Act B.E. 2510 §120, Drug Act B.E. 2510 §121
Selling or importing substandard medicine (section 74) is punishable by up to 3 years and a fine up to THB 5,000 (section 120); deteriorated or expired medicine (section 75) by up to 1 year or a fine up to THB 3,000, or both (section 121). Where the seller did not know, imprisonment falls away and only the fine (same ceiling) applies. Manufacturing substandard medicine is treated more severely under section 118 (2–5 years and a fine of THB 4,000–20,000).
moderate
Definition
Selling or importing medicines that are below standard, degraded or past their expiry date. Under Thai law, this offence is classified as a moderate offence within the category of food-drug.
Legal Basis
Drug Act B.E. 2510 §72(2)
Primary legislative provision for substandard or deteriorated medicines offences.
Drug Act B.E. 2510 §72(3)
Primary legislative provision for substandard or deteriorated medicines offences.
Drug Act B.E. 2510 §74
Primary legislative provision for substandard or deteriorated medicines offences.
Drug Act B.E. 2510 §75
Primary legislative provision for substandard or deteriorated medicines offences.
Drug Act B.E. 2510 §118
Primary legislative provision for substandard or deteriorated medicines offences.
Drug Act B.E. 2510 §120
Primary legislative provision for substandard or deteriorated medicines offences.
Drug Act B.E. 2510 §121
Primary legislative provision for substandard or deteriorated medicines offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
The medicine is substandard (section 74) or deteriorated/expired (section 75)
The accused sold or imported it
Penalties
Maximum Penalty
Selling or importing substandard medicine (section 74) is punishable by up to 3 years and a fine up to THB 5,000 (section 120); deteriorated or expired medicine (section 75) by up to 1 year or a fine up to THB 3,000, or both (section 121). Where the seller did not know, imprisonment falls away and only the fine (same ceiling) applies. Manufacturing substandard medicine is treated more severely under section 118 (2–5 years and a fine of THB 4,000–20,000).
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 (reduces the penalty)
The medicine meets its registered specification and is within date
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Selling expired stock or out-of-spec imported medicine is an offence even without intent, though lack of knowledge reduces the penalty.
When Legal Representation Matters
If you are accused of substandard or deteriorated 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.
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