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    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.

    food-drug
    moderate offence

    Substandard or Deteriorated Medicines in Thailand

    Selling or importing medicines that are below standard, degraded or past their expiry date.

    Last updated: February 2026
    Legal Sections

    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

    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).

    Severity Level

    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.

    Elements of the Offence

    For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:

    1

    The medicine is substandard (section 74) or deteriorated/expired (section 75)

    2

    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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