Vaping Laws In Thailand – Is Vaping Legal in Thailand?

The trend of vaping has gained immense popularity in recent years, and it has been considered as an alternative to traditional smoking by many individuals. However, if you’re planning to travel to Thailand and want to vape, you may want to reconsider. In this article, we will discuss the laws and penalties surrounding vaping in Thailand, as well as the reasons behind the country’s strict stance on vaping.

Is Vaping Legal in Thailand?

Vaping is illegal in Thailand, and the government has taken a tough stance on the use of e-cigarettes and related products. Since 2014, e-cigarettes and e-baraku, along with juice refills, have been banned in the country. If caught vaping or even possessing an e-cigarette, you could face a fine of up to 30,000 Baht and a prison sentence of up to 10 years. Despite this, the illegal e-cigarette market has grown in recent years, with an estimated value of between 3 to 6 billion Baht in 2019.

The Thai government’s strict stance on vaping is due to health reasons and the belief that electronic cigarettes lure young people into becoming smokers. The World Health Organization (WHO) also claims that vaping is dangerous and could cause serious health damage. Although the potential for lung cancer and other health issues is lower than with smoking regular cigarettes, the long-term impact of using e-cigarettes is still unclear.

It’s worth noting that many tourists may not be aware of Thailand’s strict laws on vaping, and there have been numerous reports of foreigners being caught vaping and facing hefty fines. In January 2023, a Taiwanese actress was caught with a vape and extorted for 27,000 Baht by Thai police. She posted about this on social media and started a war of words with the Thai police. The end result was that the police officers were removed from their jobs, and the actress received an apology. However, it was confirmed that vaping and possession of vaping equipment is illegal in Thailand.

Penalties for Vaping in Thailand

The penalties for vaping in Thailand can vary depending on the circumstances and situation. The lightest punishment is a fine of up to four times the value of the vaping equipment. However, the police may also levy a fine of up to 30,000 Baht, which is much easier for them to do. There are also jail terms of up to a year or up to 10 years, which are intended more for distributors of illegally imported vaping equipment. This isn’t widely advertised but you will find warnings on Thai Embassy websites and also government websites – such as the Thai Embassy in the UK.

In addition to fines and jail time, those caught vaping in Thailand may also face deportation. In 2019, a Frenchwoman was fined 40,000 Baht and deported after being caught with a vape pen while riding a scooter. She had to hire a lawyer, pay a fine, and was sent to Bangkok for deportation, costing her a week of her freedom and 286,000 Baht in legal fees, expenses, and fines. These penalties can be particularly harsh for tourists who may not be aware of Thailand’s strict laws on vaping.

It’s also worth noting that the penalties for possession of vaping equipment can be severe in Thailand. A prominent lawyer confirmed that using a vape in public violates Section 42 of the Tobacco Control Act, which can result in a fine of 5,000 Baht. In addition, individuals caught in possession of a vaping device can face a maximum of five years in prison and a heavy fine that is four times the device’s price.

Why is Vaping Illegal in Thailand?

The Thai government’s stance on vaping is primarily due to health reasons and the belief that electronic cigarettes lure young people into becoming smokers. The WHO claims that vaping is dangerous and could cause serious health damage. Although the potential for lung cancer and other health issues is lower than with smoking regular cigarettes, the long-term impact of using e-cigarettes is still unclear.

The Thai government has also taken a tough stance on vaping to discourage young people from taking up smoking. A study conducted by the Thai Health Promotion Foundation found that almost 15% of Thai teenagers had tried e-cigarettes, and the government is concerned that vaping could lead to a new generation of smokers. The Deputy Prime Minister and Public Health Minister Anutin Charnvirakul has stated that vaping poses significant health risks to users and that it is helping to create new smokers, particularly among young people in Thailand.

The Law Regarding Vaping in Thailand

Although there isn’t a law that specifically bans vaping and the possession or use of e-cigarettes, the Thai government has taken a tough stance on vaping through existing laws. In 2015, the Consumer Protection Board established a ban on sales and set the harsh penalties that went along with this. However, the sections of law related to the ban were removed in a 2019 update to the Consumer Protection Act. So, technically, the ban on sales ended in 2019.

However, Section 20 of the Customs Act prohibits the import of electronic cigarettes, among other things. As this section covers the category of goods that have not had tax levied on them and therefore their possession is illegal. And Section 42 of the Tobacco Control Act prohibits the use of e-cigarettes, vape pens, etc. in public.

Therefore, if you have an e-cigarette in your possession, you must have brought it into Thailand illegally and are breaking the law. It’s an effective way for the government to effectively ban vaping without actually banning it. The only way to get off the hook would be to show proof that you had brought your vaping equipment prior to December 2014 when the new law was enacted in which case it was imported legally into Thailand.

The confusing mess of laws has led to articles which claim to categorically state that vaping is either legal or illegal. For example, this from an expat website in which a lawyer claims it’s legal, versus this from an English language Thai news site in which the Thai police claim it’s illegal. However, if you want to avoid a lengthy and expensive court case, it’s best to err on the side of caution and assume that vaping is illegal in Thailand.

Will Vaping be Legalized in Thailand?

There is currently no indication of whether vaping will be legalized in Thailand. In August 2022, the Thai government reaffirmed its tough stance on vaping despite legalizing marijuana a couple of months earlier. In February 2023, the Health Minister confirmed that the ban on e-cigarettes and vaping would remain in place, citing the dangers of nicotine addiction and the potential harm to public health.

However, some argue that the legalization and regulation of vaping could offer an alternative to traditional smoking and reduce the black market for vaping products. In countries such as the UK and the US, vaping is regulated and considered a harm reduction tool for smokers who want to quit. However, it remains to be seen whether the Thai government will follow this approach.

Read more: Thailand May Legalize E-Cigarettes after May

In conclusion, vaping is illegal in Thailand, and the government has taken a tough stance on its use. The penalties for vaping can be severe, including fines, jail time, and deportation. The Thai government’s stance on vaping is primarily due to health reasons and the belief that electronic cigarettes lure young people into becoming smokers. It remains to be seen whether vaping will be legalized in Thailand in the future. Until then, it’s best to avoid vaping in Thailand to avoid legal troubles.