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Foreigners: Tread Carefully in Cannabis Space

Transcript of the above video:

As the title of this video suggests, we are discussing Cannabis yet again. It has been a pretty hot topic because well quite frankly, it has been one of the biggest pieces of legal news, especially changes to the Law here in Thailand. This past summer has seen really breathtaking changes with respect to the laws, rules and regulations regarding Cannabis here in Thailand. I have seen a lot of foreigners that are sort of trying to get into this space and the reason for this video is to operate as a warning to some extent. I am not talking to everybody, I'm not necessarily saying that this is a broad-based warning, it is just a general warning to keep in the back of your mind.

Understand and we have discussed this in other videos, this is designed as a measure to stimulate the Thai economy and to help Thai people. I have seen a lot of foreigners out there who are corresponding with others out on the internet, talking about engaging in agricultural operations, engaging in certain businesses involving the Cannabis industry and there are some things to keep in mind. Remember, agriculture is a protected occupation in Thailand. It is substantially protected by Thai Law; it is a restricted occupation; it's a number of different things. Agriculture is viewed by relevant authorities here in Thailand as well as the people of Thailand, as being something sort of Thai only. It's not something foreigners are meant to be engaging in. 

Meanwhile, the other thing to keep in mind as we have discussed in other prior videos going back now years ago, again everything in this space operates under a completely different Act, a completely different set of laws. If you look at it, it goes all the way back in certain instances to the usage of General Prayut, then at the time Prime Minister Prayut's usage of Section 44 powers which had a lot to do with laws pertaining to patents as well as ownership issues associated with this whole space. So bear in mind, there is a substantially different overarching governing structure which pertains to the Cannabis business. Those out there sitting around talking about Thai Companies set up at 51/49 - Thai to Foreign, that analysis does not apply in the Cannabis space. Cannabis operates under different rules and foreign ownership is a much more truncated percentage of ownership compared to really the rest of the business sector. This is not something that is overly open to foreign nationals and I can't stress this enough, there could be severe consequences for those who are operating outside of the law on this. Now it may not necessarily be criminal consequences but there could be significant loss of for example resources, money maybe, fines etc. So foreigners who are looking at this and I do understand foreign interest in this sector in Thailand, it's really interesting, it is quite novel, it is new, but understand this does not operate in the same way that other sectors in Thailand operate, at least from a basic legal standpoint.