THAI COMMUNITY-BASED CORRECTIONAL PROGRAMMES FORNARCOTICS ADDICTS IN RESPONSE TO THE 2002 REHABILITATION ACT: A
SYSTEM APPROACH

Decha Sungkawan, Ph.D.*

I. OVERVIEW OF THE CURRENT SITUATION OF
ILLICIT DRUGS AND NARCOTICS ADDICTION IN THAILAND
Drug abusing has been listed as one of the most serious social problems in Thai society for decades.
Since the country listed opium as one of the illicit drugs in the middle of the last century, Thailand has faced
problems of drug abuse among its population with many other illicit drugs. The recent official reports on
illicit drugs in Thailand always include the following major illicit drugs:
1. Methamphetamine is currently reported as the most serious illicit drug in terms of amount of supply
and number of abusers in the population. During 1998-2002 there was a large amount of methamphetaminethat had been illegally trafficked into the country from the neighbouring countries together with somedomestically produced that was to be distributed in Thailand. The number of official arrests formethamphetamine and the quantity of this type of illicit drug have increased drastically in recent years asshown in Table 1.
Table 1. Number of Arrests and the Quantity of Methamphetamine Seized for the Whole Country
Year
1998
1999
2000
2001
2002*
*

Number of arrests
130,689
147,789
149,827
152,773
75,071

Weight of drug seized (Kilograms)
3,012
4,518
7,422
8,441
5,969

Tablets (millions)
33.5
50.2
82.4
93.7
66.3

Compiled on 4th October and the figures shown for the period of January-September only

2. The demand for heroine in Thailand has decreased recently as it has been replaced by other types ofillicit drugs, particularly methamphetamine. Since 1999 there is evidence for the proposition that there is no
heroine produced domestically in Thailand. Most of the supply of heroine that is available is from outside
the country. The epidemic of heroine has been drastically reduced due to a change in demand among theusers as methamphetamine gains the advantage over heroine in both accessibility and cost. The number ofofficial arrests for heroine thus also decreased as shown in Table 2.
Table 2. Number of Arrests and the Quantity of Heroine Seized for the Whole Country
Year
1998
1999
2000
2001
2002*
*

Number of arrests
13,858
7,538
4,184
3,062
1,136

Weight of drugs seized (Kilograms)
541
405
386
475
514

Compiled on 4th October and the figures shown for the period of January-September only

* Vice Rector of Thammasat University, Lampang Campus,
Acting Dean of the Graduate School, and the Director of the Master’s Degree Programme in Criminal Justice Administration, theFaculty of Social Administration, Thammasat University, Bangkok, Thailand.
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3. Opium is found to be used mostly among the members of hill tribe minorities who live along theborders of the country. Although the area for opium cultivation was vastly reduced from 54,860 Rai in 1984
to 6,897 Rai in 2001, the opium plantations are still found in remote areas in eleven northern provinces andone northeastern province of Thailand. Similar to the situation of heroine, the number of official arrests for
opium has been decreasing, as shown in Table 3.
Table 3. Number of Arrests and the Quantity of Opium Seized for the Whole Country
Year
1998
1999
2000
2001
2002*
*

Number of arrests
3,834
3,014
2,440
2,188
1,077

Weight of drugs seized (Kilograms)
1,783
2,046
1,595
2,319
3,573

Compiled on 4th October and the figures shown for the period of January-September only

4. Cannabis Sativa or marihuana that flows in Thailand could be either domestic product or a trafficked
drug item from the neighbouring countries. Cannabis could be cultivated in any part of Thailand but the
major cultivation area is concentrated in the northeastern region. Cultivation of cannabis in Thailand ismainly for domestic usage with some for export. The epidemic and demand for cannabis in Thailand has
decreased as the usage of methamphetamine is on the rise among drug addicts. The number of official arrests
and the quantity of cannabis seized are shown in Table 4.
Table 4. Number of Arrests and the Quantity of Dry Cannabis Seized for the Whole Country
Year
1998
1999
2000
2001
2002*
*

Number of arrests
25,714
22,156
19,312
15,294
7,727

Weight of drugs seized (Tons)
5.88
14.68
10.32
11.30
6.8

Compiled on 4th October and the figures shown for the period of January-September only

5. Glues and Solvents are restricted and controlled by law for limited industrial uses but somehow they
are widely abused by numbers of young addicts in Thailand. Glues and solvents are particularly used among
youngsters, mostly from the lower and working class families that lack parental supervision. The epidemicof glues and solvents among young addicts is evident in every part of the country, particularly in the urban
areas. The number of official arrests and the quantity of glues and solvents seized are shown in Table 5.
Table 5. Number of Official Arrests and the Quantity of Glues and Solvents Seized for the Whole
Country
Year
1998
1999
2000
2001
2002*
*

Number of arrests
17,983
16,92912,450
10,2406,149

Weight of seized glues and solvents (Kilograms)
599
4,141
453
357
217

Compiled on 4th October and the figures shown for the period of January-September only95

RESOURCE MATERIAL SERIES No. 64
6. Ecstasy is an illicit drug that has been trafficked from overseas and used among specific groups,
particularly the urban young and teenagers. Ecstasy is usually used among the young middle class customers
as they seek pleasure while attending the entertainment establishments in urban areas. The number of official
arrests and the quantity of ecstasy seized are shown in Table 6.
Table 6. Number of Official Arrests and the Quantity of Ecstasy Seized for the Whole Country
Year
1998
1999
2000
2001
2002*
*

Number of arrests
115
182
365
316
206

Weight of ecstasy seized (Tablets)
5,919
21,794
72,177
67,12058,373Compiled on 4th October and the figures shown for the period of January-September only

7. Cocaine was recently introduced into the country by tourists and the affluent class members who haveexperienced the drug overseas. Due to the high market price, as it is an imported drug item, cocaine is usedmainly among limited numbers who can afford to pay for the drug. Similar to ecstasy, cocaine is used as apleasure stimulant among entertainment establishment customers. Although the amount of cocaine seizedfrom arrests is low the number of users is on the rise. The number of official arrests and the quantity of
cocaine seized are shown in Table 7.
Table 7. Number of Official Arrests and the Quantity of Cocaine Seized for the Whole Country
Year
1998
1999
2000
2001
2002*
*

Number of arrests
22
16
16
14
16

Weight of cocaine seized (Kilograms)
3.56
0.61
4.00
4.62
7.99

Compiled on 4th October and the figures shown for the period of January-September only

8. There are some other types of illicit drugs that are found to be used among specific groups in Thailand
for instance; Ketamine - a medical substance that is reprocessed into a drug and used among specific groups,
Codeine - a cough mix syrup is found to be used among young Muslims in the southern provinces who areprohibited by religion from alcohol consumption.
II. MAGNITUDE AND DISTRIBUTION OF NARCOTICS’ ADDICTS
It is complicated to figure out the total number of addicted people in a society, however, there aredifferent ways to estimate the number of addicts in a population. Based on a study conducted concurrently
with the National Household Survey of 2000-2001 by the Office of the Narcotics Control Board with thecollaboration of researchers from various educational institutions, the approximate number of drug addicts in
Thailand could be estimated from the potential drug using population aged between 12 to 65 years old or 44
millions. The study covers the sampling of 39,000 from 40 provinces in every region around the country.
Types of drugs included in the study were; methamphetamine, heroine, opium, cannabis sativa, hemp, glues
and solvents, ecstasy, cocaine, and ketamine. The magnitude of drug addicted persons for the whole country
was estimated as follows:
1. Approximately 7 million or 16 per cent of the potential drug using population (44millions) had
experienced drug using;
2. Approximately 1.9 million or 4.3 per cent of the potential drug using population (44 million) had
been using drugs within the last year;

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3. Approximately 1 million (998,700) or 2.2 per cent of the potential drug using population (44 million)
had been using drugs within the last 30 days;
4. The population that had been using drugs within the last 30 days (approximately 1 million) differs byregion in the addiction rate (number of drug addicted persons per 1000 population) accordingly;a) Bangkok Metropolitan: estimated number of potential drug using population is 40,400 or 10
persons per 1000.
b) Greater Bangkok areas: estimated number of potential drug using population is 43,100 or 24
persons per 1000.
c) Northern Region: estimated number of potential drug using population is 64,600 or 7 persons per
1000.
d) Central Region: estimated number of potential drug using population is 82,600 or 10 persons per
1000.
e) Northeastern Region: estimated number of potential drug using population is 486,900 or 30
persons per 1000.
f) Southern Region: estimated number of potential drug using population is 281,1000 or 49 persons
per 1000.
Types of drugs used among 1.9 million (4.3 per cent of the potential drug using population or 44
millions) who have declared using drugs within the last year were estimated as follows:a) Number of methamphetamine users is 1,092,500 or 2.4 per cent of the potential drug using
populationb) Number of cannabis sativa users is 667,200 or 1.5 per cent of the potential drug using populationc) Number of hemp users is 643,800 or 1.4 per cent of the potential drug using populationd) Number of glues and solvents users is 199,700 or 0.5 per cent of the potential drug using populatione) Number of ecstasy users is 46,500 or 0.1 per cent of the potential drug using populationf) Number of opium users is 38,600 or 0.1 per cent of the potential drug using populationg) Number of heroine users is 22,700 or 0.1 per cent of the potential drug using populationh) Number of ketamine users is 7,200 or 0.02 per cent of the potential drug using populationi) Number of cocaine users is 4,900 or 0.01 per cent of the potential drug using population
III. PROBLEMS OF NARCOTICS WITH REFERENCE TO THE CRIMINAL JUSTICE SYSTEM
According to Thai law, all activities dealing with illicit drugs, from consumption, possession, trafficking,as well as contributing are considered crimes. Drug offences are a major criminal activity in every criminal
justice agency. The recent general drug offence statistics show a large amount of drug offence cases together
with a large number of offenders.
Table 8. Number of General Drug Offence Arrested and Number of Offenders for the Whole Country
Year
1999
2000
2001
2002
2003*
*

Number of drug offences
206,170
222,498
205,375
176,480
5,024

Number of offenders
223,294
238,153
218,166
186,545
5,490

Compiled on 5th March and the figures shown for the period of January-February only

The arrested drug offences deal with all major types of narcotics available in the country. In recent years,
different types of narcotics show their trends differently in terms of arrest incidents and quantity seized.
While heroine and opium cases are shrinking, methamphetamine cases show an all time high since it wascriminalized in 1996. The number of drug offences by type of drug is shown in Table 9. The quantity ofmajor drugs seized for the same period is shown in Table 10.

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Table 9. Number of Drug Offences by Major Types of Drugs for the Whole Country from 1999-2000
Year
1999
2000
2001
2002
2003*
*

Methamphetamine
154,028
180,287
167,173
142,761
4,033

Cannabis
22,72019,89020,461
14,563388

Glues
17,004
13,107
10,64012,938420

Heroin
7,872
4,926
3,461
2,170
35

Opium
3,022
2,466
2,284
1,891
88

Ecstasy
183
374
378
484
20

Compiled on 5th March and the figures shown for the period of January-February only

Table 10. Quantity of the Major Types of Drug Seized in Kilograms for the Whole Country
Year
1999
2000
2001
2002
2003*
*

Amphetamine
4,518
7,549
8,459
8,627
1,474

Cannabis
14,684
10,323
10,921
12,095
669

Glues
4,141
455
360
453
16

Heroin
404
384
474
634
40

Opium
2,046
1,595
2,289
4,034
9,684

Ecstasy
5
18
17
37
14

Compiled on 5th March and the figures shown for the period of January-February only

Most of the investigated drug offences are processed at the prosecution office for prosecuting in thecriminal court. Drug offences were prosecuted in the criminal court, juvenile court, and military court,
shown in Table 11, 12, and 13 accordingly;
Table 11. Number of Drug Offences Processed by Prosecution Offices and Criminal Courts*
Year
2000
2001
Differ.
*No. of investigated cases
Case
Offender238,343
256,647
247,254
264,126+ 8,911+ 7,439

No. of cases prosecuted in court
Case
Offender237,882
254,847
246,261
262,855+ 8,379+ 8,008

Source: Bureau of Prosecution

Table 12. Number of Drug Offences Processed by the Juvenile Courts*
Year
2000
2001
Differ.
*No. of cases on trial
17,937
14,270- 3,667

No. of cases sentenced
19,160n.a.

Source: Judicial Information Centre, Ministry of Justice

Table 13. Number of Drug Offences Processed by the Military Courts*
Year
2000
2001
Differ.
*98

No. of cases on trial
1,372
1,483
+ 111

Source: Bureau of Military Judiciary, Ministry of Defense

No. of cases sentenced
1,154
1,371
+ 217

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The majority of drug offenders who are sentenced receive imprisonment and a few receive the death
penalty. Drug offenders are the highest in number when compared to other types of offences in prison as wellas in juvenile institutions. The number of drug offenders in correctional institutions and juvenile institutions
are shown in Table 14 and 15 accordingly:
Table 14. Number of Drug Offenders in the Correctional Institutions for the Whole Country*
Year
2000
2001
Differ.
*Number of male offenders
66,21074,316+8,106

Number of female offenders
22,256
26,390+4,134

Total
88,466
100,706+12,240

Source: Planning Division, Department of Corrections

Table 15. Number of Drug Offenders in the Juvenile Institutions for the Whole Country*
Year
2000
2001
Differ.
*Number of male offenders
17,901
12,014- 5,887

Number of female offenders
1,842
1,429
- 413

Total
19,743
13,443- 6,300

Source: Central Juvenile Institution, Ministry of Justice
IV. THE CURRENT DRUG CONTROL POLICY

A. Policy Initiatives
The present Thai government has declared war on drugs and set drug control policy as one of its
priorities. The government’s drug control policy has put prevention measures over suppression measures andthe need for narcotics addicts to receive effective medical rehabilitation while drug traffickers will face
severe punishment. With this policy guideline, the government has called for a specific strategy in order tosucceed with these mandated goals. This specific strategy was announced by the government as “Ruam
Palang Pandin” which literally means the strategy of strengthening national integrity to fight drug problems.
The strategy is well integrated into the 9th National Economic and Social Development Plan (2002-2006)
where human resources are considered central among the other important elements for development. Due tothis strategy, attacking drug problems either by prevention, suppression, or rehabilitation measures will takeplace and centre around the community. Thus, the community is considered as an operational unit for the war
against drugs and the community members have to be involved as an essential part of the strategy. The
government clearly specifies that the policy and strategy involve all public and private entities to participate
in the mission but the central coordinate body for the scheme is the Ministry of Interior, the public office that
holds community networks throughout the country. The strategic planning for tackling drug problems has
been implemented by the following steps:
1. The villages and the community are the operational units to fight drug problems in all the measuresdesigned; drug prevention for particular potential groups such as teenagers, the suppression of the
drug supply through strong pressure on the local drug traffickers and street level drug dealers, anddrug rehabilitation for those narcotics addicts in the locality. The above measures are operated
together with strengthening the village and community infrastructure that supports the stability of thevillage, community, and society as a whole.
2. Focus on coordinating and uniting the operating organizations involved in every stage in
implementing the plan. An implementation budget has been allocated to every province that isrequired to operate the plan to be effected directly to every target group at the village and community
levels.
3. Set integrative policy implementation on drug prevention and problem solving at the local level by
the following process:99

RESOURCE MATERIAL SERIES No. 64a) Awareness raising among the youngsters in the village and community on problems concerned withdrug using.
b) Re-conceptualization of drug addicts among community members that drug addicts, who wereusually considered as a burden to their family members as well as to the community, actually arepotential members of the community who need effective drug rehabilitation programmes.
c) Surveillance of former drug addicts who have been rehabilitated is expected to be conducted by the
local volunteers who take their responsibilities on behavioural control of the former drug addicts
with a social and cultural approach.
d) Career and income development is an essential part of the rehabilitation process as most drug
addicts lack life and career skills before entering into addiction.
e) Enforcing law and social order as well as social and community organization to create a social
environment that discourages drug using; particularly the young and other potential drug addicts
groups.
B. Local Operating Units for Drug Suppression and Prevention Measures
The Prime Ministerial Order 119/2544 dated 31 May 2001 has directed concrete guidelines for the
strategy in the war on drugs policy. The Order has assigned the provincial, district, and sub-district officesthat are staffed with the different levels of the government officers to set up an “Operating Centre to Win the
War on Drugs” as the operating units to fight with drug problems in their responsive areas.
According to the order, the government officials at the local “Operating Centres” have to be responsible
for the following duties on drug suppression and prevention measures:a) Continuously survey and compile drug information that includes drug using as well as drugtrafficking in their areas and make ready to use the report for suppression and prevention measures totheir higher level offices.
b) Launch suitable operating plans of drug suppression and prevention for their local areas by focusing
on participatory and integrating principles that involve all entities in the areas.
c) Direct and unite all public officers in the areas to work with other parts of the community in order toachieve the effective government drug control policy.
d) Appoint the committees, the working committees, or the individuals to facilitate the policy withspecific drug control measures.
C. Guidelines for the Operating Centres
The operating centres also have a coordinating role for the various units that are working on their parts infighting with drug problems in their responsive areas. The coordinating functions of the centres could beroughly divided into three different major measures.
1. Protection and Drug Prevention Measures
The drug control policy requires the protection of the potential demand groups and general populationfrom drug consumption as its priority. This measure differentiates the potential groups into two different agegroups:a) The general population is protected from drug problems through these following measures: tostrengthen the communities and their networks to fight with drug problems in the areas, to develop
the civil society process among individuals and groups in the community, to raise awareness of drug
problems among the community members, to unite the potential forces from all sectors to fightagainst drug problems, to empower the civil societies, groups, as well as community members, toexpand the roles of community and civil society to both preventive and suppressive measures infighting drug problems, and to follow up closely on the results of the drug control policy.
b) Youth and adolescent groups are protected from drug problems by the collaboration among the
involved agencies; the Ministry of Education, the Ministry of Social Development and Human
Securities, the Ministry of Labor, the Ministry of Tourism and Sports, and the various local agencies
under the Ministry of Interior. These responsive government agencies are expected to support the
drug control policy through various measures including; to create social forces among youth andadolescent groups to fight existing drug problems, to develop immune systems to protect and prevent

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adolescent and youth groups from drug problems, to strengthen family and community networks toprotect and prevent young people and adolescents from drug using, to reduce the causal factors andconditions that encourage drug problems in the local areas, to develop and promote discouraging
conditions and factors such as sports and leisure activities for preventing drug using among theyoung, to encourage non-government and private sectors as well as the community to participate in
drug prevention and protection measures.
2. Suppression or Supply Reduction Measures
Drug suppression measures have been viewed primarily as the responsibilities of the police and the
Narcotics Control Board Office. However, according to the new drug control policy, the government
believes suppression measures are the responsibility of all parties, both public as well as private sectors.
Every local drug control operating centre is required by the government to actively participate and support
illicit drug control, law and order, cracking down on drug trafficking, as well as forfeiture of assets activities.
The drug control operating centres are assigned to be the information agencies for drug control activities in
the communities with these following activities:a) To facilitate the community members so that they can secretly inform on drug trafficking and drugs
use in their communities through various means such as a P.O. Box, hotline service, or in the form of
written mail.
b) To compile a name list of the individuals and groups of drug traffickers, the drug links and the public
officers who are involved with illicit drug business in the whole area at different local levels.
c) To set the area operating plans that continuously pressure, investigate, arrest, and search suspectedindividuals, and groups that are involved with drugs.
3. Rehabilitation or Demand Reduction Measures
Drug consumption by drug users and drug addicts makes up the majority of drug demand. Thus, theeffective drug rehabilitation programmes would automatically reduce the demand for drugs in the market.
Drug rehabilitation programmes for drug users and drug addicts currently are classified into three different
systems:a) Volunteer-based treatment system that is open for drug users and drug addicts to access therehabilitation programmes without having committed a drug using offence at the drug rehabilitation
centres provided by the Ministry of Public Health and other private agencies. There are 723
rehabilitation centres throughout the country providing drug treatment services by the following
steps:
1. Searching for drug users and drug addicts in the local areas using a basic survey form.
2. Classifying the target groups into different types of drug consumption such as a potential or risk
group, a drug using group, and a drug addict group by the local health care volunteers andofficers.
3. Setting up drug treatment and rehabilitation centres in the local area out of the existing
establishments such as barracks, National Guard units, Boy Scout camps, temples, and schools.
4. Treatment process that includes physical exercise and therapy, disciplinary training,
detoxification, and psycho-social therapy that involve all concerned parties, professionals,
volunteers, as well as family members of drug users. Career training programmes are also
provided for those who need to work after the rehabilitation process.
5. Aftercare, follow up, and surveillance of those who have gone through the treatment programmeby the volunteers and the community members. The voluntary-based treatment system may readmit the former patients who fail to maintain a drug-free life after treatment.
b) Coercive treatment system under the Narcotics Addict Rehabilitation Act B.E. 2545 that allows
those who are arrested for drug taking and drug possession for use offences to get into the drug
treatment programme with no penalty at the treatment centres set up by the Act. The coercive
treatment includes the following steps:
1. Searching for drug users and drug addicts by community members and urging them to use thevoluntary drug treatment system. However, those drug users and drug addicts who refuse to join
the voluntary-based treatment programme may be coerced to join the coercive treatment systemby the Act.

101RESOURCE MATERIAL SERIES No. 64
2. Diagnosis of drug consumption for those who are arrested by the sub-committee on drug
rehabilitation as either drug users or drug addicts.
3. The sub-committee on drug rehabilitation orders drug users and drug addicts to take thetreatment and rehabilitation programmes either with or without physical confinement.
4. Aftercare, follow up, and surveillance of those who have gone through the treatment programmeby the volunteers and the community members. Those who fail to maintain a drug free life after
rehabilitation will be sent into the criminal procedure and receive a penalty. After serving theirpenalty, the ex-drug users or drug addicts may apply for the voluntary treatment system under
supervision of volunteers or community members.
c) Institutional Treatment Programmes. Those who are in the correctional or juvenile institutions may
attend the drug treatment programmes provided for them in such institutions and after they are
released from the institutions they have to report to the operating units in their local areas.
V. THE NARCOTICS ADDICT REHABILITATION ACT B.E. 2545 (2002)
Since the promulgation of the law to prohibit opium usage in the last Century, there are a number of drug
control laws in Thailand. The Narcotics Addict Rehabilitation Act B.E. 2545 is the first major piece of law
on drug control that has been passed in the 21st Century. The previous Drug Addict Rehabilitation Act B.E.
2534 (1991) has been abolished as there are some enforcing elements that go against the principle of rights
protection in the current constitution law. The new Rehabilitation Act is considered to be the first piece oflaw that addresses the direction to conditional decriminalization of drug users in Thai society.
A. The Act has been Passed with the Following Major Principles
1. The Act complies to the principles of right and liberty protection of the individual that is in theConstitutional Law B.E. 2540 (1997).
2. The Act sets a new paradigm on drug users who were always considered as criminals in Thai society
but now are considered to be sick persons with health problems that need to be cured andrehabilitated with proper medical, social and psychological treatment.
3. The Act introduces the diversion process into the criminal justice procedure with the suspension ofprosecution measure for the offences of drug using and drug possession for using.
4. The Act provides the person with a right to appeal the command of the officials on the identificationof drug consumption and drug rehabilitation such as the right to appeal the other administrative
orders.
5. The Act extend the rehabilitative procedure to cover these following drug offences:a) Drug users with a small amount of drugs in their possessionb) Drug users with a small amount of drugs in their possession and for salec) Drug users with a small amount of drugs for sale.
6. The Act extends the authorized establishments for drug consumption identification and drug
rehabilitation under the Ministry of Justice to some other agencies.
B. The Act Covers a Number of Responsive Bodies Including the Following Individuals, Commission
and Committee
1. The Minister of Justice.
2. The Narcotics Addict Rehabilitation Commission that is chaired by the permanent secretary of the
Ministry of Justice.
3. The provincial sub-committees of the narcotics addict rehabilitation in each province that are
appointed by the Commission and these sub-committees are chaired by the public prosecutors as therepresentatives of the Ministry of Justice in the province.
4. The investigation officers.
5. The public prosecutors.
6. The judicial officers.
7. The directors of the Narcotics Addict Rehabilitation Centres.
8. The probation officers.
9. The other officers who are assigned to enforce the Act.

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C. The Act Contains the Following Rehabilitation Processes
1. The Investigation Process
The investigation of those who have been arrested for the drug offences that have been mentioned above,
the investigation officers are responsible for taking the offenders to court within 48 hours and 24 hours in
the case of juvenile offenders for the court order to identify the drug consumption and drug addiction of theoffenders.
The courts order the offenders to be sent to the Narcotics Addict Rehabilitation Centres for drug using
and drug addiction identification and inform the sub-committee of the narcotics addict rehabilitation in theareas. While the offenders are under confinement at the Narcotics Addict Rehabilitation Centres for drug
consumption and drug addiction identification, the investigation officers are responsible for continuing theinvestigation process of the offence by submitting the investigation reports to the public prosecutors officewith the information on the confinement of the offenders in the Narcotics Addict Rehabilitation Centres.
2. Drug Consumption and Drug Addiction Identification Process
By order of the court, the provincial sub-committee of the narcotics addict rehabilitation is responsiblefor identifying whether the offender is either a drug user or drug addict. The sub-committee has toinvestigate the biological, socio-economic background as well as the offensive behaviour of the offenders
within 15 days after the offenders are referred by the court. For those offenders who are identified by the
sub-committee as drug users or drug addicts, the treatment plans for them have to be drawn up by the subcommittee and the report forwarded to the public prosecutors for the consideration of suspension ofprosecution. For those offenders who are identified as neither drug users nor drug addicts, the sub-committee
has to refer them back to the police officers or public prosecutors with the report for further consideration of
the cases.
3. Drug Treatment and Rehabilitation Process
For those who are identified as drug users or drug addicts; they are assigned to take the treatment
programmes according to the treatment plans at the narcotics addict rehabilitation centre for a period of 6months. The treatment period of 6 months could be extended for those who the sub-committee believe needmore treatment. However, the extension of the treatment period should not exceed a total treatment period of
3 years.
Those who escape from the treatment centre during their treatment plan period will be consideredescaping from officials’ custody as indicated in the penal code.
If the sub-committee is satisfied with the treatment results of those who have gone through the drug
treatment programmes, they will be released without being charged for the drug offence. The results of thecases are reported to the investigation and public prosecution officers. Those with unsatisfactory treatment
results by the sub-committee will be referred back for further consideration to be prosecuted by the publicprosecutors.
4. Right to Appeal
Those offenders who are not satisfied with the identification of drug consumption and drug addiction by
the sub-committee retain their right to appeal such identification to the Narcotics Addict Rehabilitation
Commission within 14 days after the notice of the identification. The identification of the appeal cases are
finalized by the Commission.
5. The Suspension of Prosecution and Adjudication Processes
As the public prosecutors receive the identification results of drug consumption and drug addiction by
the offender, the case will further depend on the identification results accordingly:a) For those offenders who are identified by the sub-committee as drug users or drug addicts, the publicprosecutors have to call for an order of suspension of prosecution of the cases until they receive theresults of the drug treatment of the cases from the sub-committee on the narcotics addict
rehabilitation.

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RESOURCE MATERIAL SERIES No. 64b) For those offenders who are identified as neither drug users nor drug addicts, the public prosecutors
have to forward the cases to be prosecuted to the court.
c) For those offenders who are specified as non-eligible to be treated under the Narcotics Addict
Rehabilitation Act they will be prosecuted by the public prosecution officers and the sub-committee
will be informed of the decision on the cases.
d) For those who have gone through the treatment plan and the sub-committee deems their results
unsatisfactory they will be prosecuted by the public prosecution officers.
D. Penalties
The facts and document records and other personal information that are obtained and used as evidence
for the offences under this Act will be protected and are not to be disclosed by any persons involved with thecase. A person who discloses such information will be liable for penalties. The disclosure of suchinformation is permitted only for the following reasons:a) disclosure of information by the duties of the authorized officersb) disclosure of information in investigation and adjudication processesc) disclosure of information that is permitted by the Narcotics Addict Rehabilitation Commission or by
the sub-committee on narcotics addict rehabilitation.
Those who do not comply with the authorized officers or the Commission’s orders will be prosecutedand penalized with imprisonment or a fine.
VI. THE COMMUNITY-BASED CORRECTIONAL PROGRAMMES FOR NARCOTICSADDICTSThe Narcotics Addict Rehabilitation Act B.E.2545 (2002) contains the principle of decriminalization of
drug offences that compose the majority of the offences in the current Thai criminal justice system. The
enforcement of the Act is expected to bring down the number of criminal offences from the whole systemfrom the investigative agencies to the correctional institutions. The Act contains the principles to avoid
imprisonment measures that were previously applied for such offences. The Act introduces the newdiversion programmes for the criminal justice system by encouraging the de-institutionalization process for
those offenders who are covered by the Act. It is expected that the Act will be an effective measure for the
re-direction of the majority of drug offences in Thai society with the principle of the community-based
correctional programmes for drug users and drug addicts who would otherwise be prosecuted andimprisoned without the Act. The community-based correctional programmes that are effective according to
the Act may be considered in different degrees and levels.
The community-based correctional programmes for narcotics addicts under this Act can be viewed fromthese following perspectives:
First, the Act has toned down the criminality of the drug users and drug addicts by changing the public’s
perception of drug addicts from criminal offenders to persons with sickness that need health care services.
Second, at the beginning of drug treatment and rehabilitation according to the Act, the process focuseson the role of the communities in searching for and noticing suspected persons with drug problems in theircommunities.
Third, the Act has transferred the major decisions of the drug offences from the criminal justice agencies
to the Narcotics Addict Rehabilitation Commission that comprises of a number of parties concerned with theprocess of community-based correctional drug rehabilitation programmes. The Commission is chaired by thePermanent Secretary of the Ministry of Justice. The high authorities from the Ministries of Education, Public
Health, Labor, Interior, Social Development and Human Security, and the Supreme Commanders of all the
Defense Forces, Commander of National Police Force, Supreme Public Prosecutor, Secretary- General of the
Office of Justice Court, Secretary- General of the Narcotics Control Board, Secretary- General of Food andDrug Board, four other qualified experts are members of the Commission and the Director- General of the
Department of Probation is a member and Secretary of the Commission.

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VISITING EXPERTS’ PAPERS
Fourth, although the Narcotics Addict Rehabilitation Commission is responsible for the enforcement of
the Act, its responsibility lies at the national level. The enforcement of the Act actually lies with the decision
making of the sub-committees on the narcotics addict rehabilitation who are appointed at the local level ineach province.
Fifth, although the sub-committee members are appointed from the official authorities in the local areasand chaired by the provincial public prosecutor, the inter-professional team; the psychiatrist or physicist,
psychologist, social worker, and two qualified experts are the members of the sub-committee. The legal
status of the sub-committee is a quasi-judicial unit and responsible only for cases assigned by the Act.
However, the decisions of the sub-committee will be treated as an administrative order where the offenders
obtain the right to appeal to the authority at the higher level.
The community-based correctional programmes for the narcotics addict rehabilitative function of the
sub-committees under the Narcotics Addict Rehabilitation Act at the local areas can be demonstrated
accordingly:
The sub-committee could make the decision on the compulsory treatment plan for those offenders whoare identified as drug users or drug addicts to be treated and rehabilitated into two different plans:
A. The Coercive Treatment Plan
Within the confinement facilities the coercive treatment plans are classified into two different degrees ofphysical control; intensive physical control and less intensive physical control.
1. The Intensive Physical Control Plan
There are two different methods usually used in the intensive physical control plan; the therapeuticcommunity which has been imported and practiced with numbers of drug addicts particularly in confinement
institutions, such as in the correctional institutions. The other method is the Jirasa method that has recently
been developed and used in the local areas.
The treatment programmes in the intensive physical control plan normally take at least 4 months induration. The treatment locations for the intensive physical control plan will take place in the Narcotics
Addict Rehabilitation Centres that are established under the supervision of the Department of Probation and
the Air Force physical confinement drug treatment camps that are located in 13 areas throughout the country.
2. The less Intensive Physical Control Plan
This plan normally uses the FAST treatment model with 4 months of treatment. The treatment location
for the less intensive physical control will take place at 8 Army drug treatment camps, 3 Navy drug
treatment camps , and 10 drug treatment camps of the national volunteer defense force that have been locatedin different areas throughout the country.
B. The Voluntary Basis Treatment Plan
The Voluntary Basis Treatment Plan without physical confinement for those who are identified as either
drug users or drug addicts. The treatment methods for the drug addicts may be therapeutic community or
FAST model for the in-patient addicts. The psychosocial therapeutic method or Matrix programme andMethadone maintenance may be used for the out-patient addicts.
The duration of the treatment for drug addicts varies from 4 to 6 months. The location for the treatmentof drug addicts may be any public or private hospital around the country, public and private drug
rehabilitation facilities, the community centres as well as the Buddhist temples that offer such services.
For those who are identified as drug addicts or drug users who are assigned to the treatment plans underboth the intensive and less intensive physical control and those who are identified as drug addicts and areassigned to take the treatment plan without physical confinement are required to attend the activities
arranged for behaviour adjusting at the facilities provided by the Department of Probation in the community
for two months. Such activities may include group counselling, social support group activities, for instancethe urine test group, life skills development programmes such as vocational training, head start career
programme, educational and occupational loan, and the social service programmes. The Department of105

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Probation and the community will provide the facilities for behaviour adjusting in the communities. The
process of all the above treatment plans are followed up by the local volunteers such as volunteer probation
officers, National Guard volunteers, community health care volunteers , and other volunteers in the local
areas.
Those who are identified as drug users may receive one of these following treatment methods: A training
programme for drug abstaining, attend a rehabilitative camp, attend a community day treatment programme,
attend life skills and career development programmes, or attend community service programmes. The
duration of treatment programmes for drug users may be vary from 1 to 6 months. The location for suchprogrammes and activities may be the community centres and the Buddhist temples around the country.
Those who are identified as drug users and have gone to the treatment programme without physicalconfinement are also required to be followed up by the community volunteers such as the volunteer
probation officers, the National Guard volunteers, the community health care volunteers, and the othervolunteers in the local community.
VII. ISSUES, PROBLEMS AND CONCLUSIONSThe Narcotics Addict Rehabilitation Act B.E. 2545 (2002) has been effective since it was passed in
October 2002. The Act came into force for certain parts of the country in March 2003 and in April 2003 the
Act came into force for the whole country. There are a number of critical issues and problems among the
Act’s stakeholders in putting the Act into practice.
First, at the initiating period of the enforcement of the Act, the law enforcement officers faced the
problem of identifying and treating drug users and drug addiction activities as a sickness instead of as
criminal activities as they used to be. As the police officers are confused, particularly drug charges coveredby the Act, they are reluctant to enforce the law. Thus, there are few drug cases (approximately 2500 cases
for the whole country at the moment) that have been arrested and processed under this law by the police
officers since the Act came into force. The small number of arrests does not reflect the existing magnitude of
drug using and drug addiction problems in Thailand. According to the law enforcement officers, the Act fails
to identify the specific drug charges at the practice level thus the law enforcement officers are facing
difficulties in specifying the drug charges among drug users possessing small amounts of drugs, drug users
possessing small amounts of drugs for their own use and for sale, and drug users with small amounts ofdrugs for sale. The problem leads to a lack of enforcement of the law as well as to turn the cases into othercriminal charges that are not covered by the Act.
Second, according to the current official statistics there are a number of drug users and drug addicts inThai society that need to be treated with different venues and different techniques and methods. The
treatment provisions provided by the Act are too broad and insensitive to the problems. For instance; there
are a number of loopholes in the diagnostic process for the sub-committee to identify the case as a drug useror drug addict. The treatment periods provided by the Act are not suitable for the hard-core drug users anddrug addicts that need a specific treatment duration and method, and the Act also provides coercive treatment
only for those who get into the treatment programmes through arrest that may lead to a criminal charge but
numbers of drug users and drug addicts need coercive treatment provisions, especially young drug users anddrug addicts whose parents have expressed the desire for the coercive treatment provision, without policearrest and criminal charges.
Third, the Act requires numbers of individuals, organizations, and networks both from the public as wellas the voluntary sectors in order to enforce and implement the treatment process according to the Act
effectively through the identifying, diagnosing, treating, and rehabilitating processes. The Act requires not
only the quantity but also the quality out of the Act’s stakeholders to conduct their professional as well as thevoluntary based responsibilities at the national and the local level at each of the drug rehabilitation centres
throughout the country. The ultimate rehabilitative goals of the Act are overarched and over-expected as theexisting quantity and quality of the human resources are taken into account for the drug treatment andrehabilitation processes specified by the Act.

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Fourth, the drug treatment and rehabilitation model designed by the Act heavily relies on communitybased correctional programmes that place demands on the community resources, particularly the follow up
and aftercare services from the community voluntary organizations. However, as the criminal justice systemand the voluntary activities of the community members are linked, the Act requires specific features andauthorities in its treatment and rehabilitative processes. The Act fails to indicate the specific position andresponsibilities of the volunteers who are expected to take their part in the follow up and the aftercare
processes. While the drug users and drug addicts may not trust the volunteers in abusing their functions, thevolunteers themselves may be worried that their services would violate the principle of the presumption of
innocence as well as the basic rights of the drug users and drug addicts.
Fifth, the drug treatment and rehabilitative processes may be effective at the micro level as the Act isenforced and implemented concomitantly with the potential demand protection and the supply reduction
measures of the current drug control policy, drug addiction problems may not be solved because the Act does
not address the problems at the macro level where the actual implementation of the national development
plan and the current economic policy focus on economic growth and disregard of the human aspect andsocial development. As the legal perception of drug using and drug addiction has been adjusted from acriminal activity to an unhealthy and sick behaviour by the new drug rehabilitation Act, the drug using anddrug addict population is expected to be treated and rehabilitated within the same social and economic
environment that had pushed numbers of them into the addiction problems. While methamphetamine has
been wiped out from the illicit drug market due to the implementation of the current drug control policy, therise of glue and solvents use as well as alcohol consumption among drug users and drug addicts reflects theremains of the substance abuse problem in Thai society.
Although the Narcotics Addict Rehabilitation Act B.E. 2545 (2002) poses a number of problems andissues as mentioned above, it is too soon to conduct a valid assessment and evaluation of the Act as it has
only been in force a short time. As the Act has indicated the right direction for joint action of the criminal
justice system and the treatment programmes for substance abuse problems at the community level in Thai
society, the implementation problems of the Act need to be solved with both short term and long term
provisions.

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