Transcript of the above video: 

As the title of this video suggests, we are discussing 5 years in prison for e-cigarettes. Now before people get freaked out, let me get into the analysis of this. I've done a video on this with extremely in-depth analysis on this before where we cited - I think it was Coconuts at the time - who did a really good set of analysis and they actually were citing a Thai Attorney and we did some analysis on this. I'm going to do some further analysis in this but let me get to why I thought of making this video. 

I thought of making this video after I read a recent article in the Thaiger, that is t-h-a-i-g-e-r, that's thethaiger.com, the article is titled: Thailand offers rewards for reporting e-cigarette sellers and users. Quoting directly: "To crackdown on e-cigarette use, the Thai Government has launched a new initiative allowing the public to report sellers and users of e-cigarettes through the Thang Rath mobile app. The scheme offers lucrative rewards for tipsters, with informants standing to pocket 60% of the fines imposed on suspects." I need to read that again: "The scheme offers lucrative rewards for tipsters, with informants standing to pocket 60% of the fines associated with suspects." Let me get back to that. "For those caught selling or possessing e-cigarettes with intent to sell, the punishment is severe." Now again, you need to parse that out a little bit there. "Caught selling or possessing e-cigarettes with intent to sell" - "possession with intent to sell." As we discussed in other videos, mere possession of an e-cigarette in Thailand you're not going to get thrown in the clink necessarily for that. If you happen to have accidentally flown in, you are a smoker, you had an e-cigarette with you, you have it on you, you managed to get through Customs, you're fined. Worst thing that is probably going to happen at Customs they just take it, but let's say you got through. It was in your bag, nobody saw it. First of all, I really think the government has better things to do than sit around searching for vape or e-cigarettes, vapes, whatever you want to call them, in people's baggage. So personally, I'm kind of hoping we just would not worry too much about that.

As we discussed in the prior video - again I will put a link in the description below - there was analysis on this in the past and this whole issue is kind of nebulous, there is a lot of interest involved. Thailand does have a Tobacco Monopoly. On one level, a certain amount of it should be viewed as Monopoly means something and there are certain aspects where their intent to enforce that Monopoly but also understand that again this is kind of in a legal limbo. While it's not necessarily illegal to possess an e-cigarette, this is my understanding as a layperson in Thailand, it's my understanding, it's not a criminal act to possess an e-cigarette. You just happen to have one; you flew in with it; you didn't know you had it, whatever, and you happen to be an e-cigarette smoker. For personal use, it was always my understanding nobody particularly cared, and it wasn't illegal. But it is illegal to import, so as it's noted in there, it's primarily a Custom’s violation; it's also an anti-Tobacco Monopoly violation. As noted in there, it's the intent to sell that's the key part. And I point that out, not to be like “oh just bring in a whole bunch; I don't intend to sell as a pretext against having a problem.” No, that's horrible advice.

My point is I don't wish to freak out tourists who think, "oh my God, if I accidentally have an e-cigarette in my bag, I'm going to go to Thai prison for 5 years." No, don't worry about that. We discussed that in other videos. But that said, it's clear they're tightening down on this and I wouldn't necessarily want to be somebody who intentionally even possesses an e-cigarette in Thailand at least under current circumstances. So again, while it may not necessarily be illegal that have it, to sort of openly and notoriously. to borrow a phrase from sort of American legalism “to openly and notoriously be sort of bandying about an e-cigarette right now, notwithstanding the nebulous nature of the law, I wouldn't be doing that if I were you. That said, if you accidentally had an e-cigarette in your bag and you get to Thailand, no nobody is going to throw you in jail over that. It comes down to sale and importation and intent. That said, quoting further: “Offenders could face up 5 years in prison along with the fine of up to four times the value of the products in their possession. Smugglers who are caught transporting e-cigarettes illegally face even harsher penalties with sentences of up to 10 years in jail and fines up to five times the value of the smuggled products, reported the Nation.” So for those caught selling or possessing e-cigarettes with intent to sell; so again you just happen to have one that you flew in with, intent to sell, I don't see where you get that from that. If you have five on you, probably. Again, where do those lines get drawn? Hard to say. That being said, we will certainly be keeping you updated on this channel as the situation evolves.