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 Law Penalties & Sentencing Guidelines
Detailed sentencing guidelines, penalty ranges, and factors affecting punishment in food & drug law cases.
Statutory Penalties for Food & Drug Law Offences
Maximum penalties set by statute for the principal food & drug law offences. The sentence actually imposed depends on the facts, aggravating and mitigating factors, and judicial discretion.
Selling or Importing Medicines Without a Licence
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)).
Drug Act B.E. 2510 §12, Drug Act B.E. 2510 §101
Counterfeit Medicines
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.
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
Unregistered Medicines
Maximum penalty: Up to 3 years imprisonment or a fine of up to THB 5,000, or both (section 122). Medicines must generally carry a drug-formula registration (section 79), subject to the section 79 bis exceptions (e.g., pharmaceutical chemicals, herbal drugs and samples).
Drug Act B.E. 2510 §72(4), Drug Act B.E. 2510 §122, Drug Act B.E. 2510 §79
Substandard or Deteriorated Medicines
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).
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
Illegal Medicine Advertising
Maximum penalty: A fine of up to THB 100,000 (section 124). Medicine advertising by radio, loudspeaker, television, film or print needs prior approval (section 88 bis), and false, exaggerated or prize/raffle-based medicine advertising is prohibited (sections 88–90); the FDA Secretary-General can also order the advertising stopped (section 90 bis).
Drug Act B.E. 2510 §88, Drug Act B.E. 2510 §88 bis, Drug Act B.E. 2510 §89, Drug Act B.E. 2510 §90, Drug Act B.E. 2510 §90 bis, Drug Act B.E. 2510 §124
Types of Penalties
Imprisonment
Custodial sentences ranging from days to life imprisonment, depending on offence severity.
Fines
Monetary penalties that may be imposed alone or in addition to imprisonment.
Forfeiture
Confiscation of property used in or derived from criminal conduct.
Probation
Suspended sentences with conditions, allowing offenders to remain in the community.
Sentencing Factors
Courts consider numerous factors when determining appropriate sentences:
Aggravating Factors
- • Prior criminal convictions
- • Premeditation or planning
- • Position of trust abused
- • Vulnerable victim
- • Significant harm caused
Mitigating Factors
- • First-time offender
- • Genuine remorse
- • Cooperation with authorities
- • Restitution made
- • Good character evidence
More Food & Drug Law Topics
When Legal Representation Matters
If you need assistance with food & drug law matters in Thailand, professional legal advice can help protect your interests.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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