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Proposed Thai Laws for Vaping in Thailand

Discussion in 'General Thailand Vaping Discussion' started by glenn, Jun 11, 2016.

  1. glenn

    glenn Thread Starter Well-Known Member

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    Here is a link that proposes a 5 year jail term if caught with a vaping device .Google translate kinda sucks but can get the jist of what it is saying .กฎหมายอาสา
     
  2. Konvict
    Relaxed

    Konvict ProVari Moderator Staff Member

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    OMG You gotta be kidding me!
     
  3. etcyberdude

    etcyberdude Well-Known Member

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    What the f*?


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  4. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    Maybe one of our Thai speakers can help us out!
    @Loki , @Lyss - can you help shed some light on this, please?

    I'm not sure it's a new law...that FB page is for a lawyer. It appears to me that he's talking about what could happen if you're caught with an e-cig (worst case).

    Let's wait for our Thai speakers to chime in...

    And remember, this thread is in the public part of the forum!
     
    Last edited: Jun 11, 2016
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  5. vinay

    vinay Well-Known Member

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    Thailand has never been that strict about enforcement. It is just some rant by a lawyer.

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  6. AI-NAAM
    No Mood

    AI-NAAM Provarinati Member

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    Just did a google translate on it. What leads you to believe its a proposed law?
    From what I can gather he's referring to the existing law on importing tobacco products.

    (From the google translate)- "Imprisonment not exceeding five years or a fine of four times the price of which was included in the duties by then. Or both"

    I've see this law enforced on people coming over the Lao border with too many cartons of cigarettes (the 4x fine, not the jail time).
    I suppose it could be used against e-cigarettes in the future. Like SD said, worst case scenario.
     
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  7. Siam Diesel
    Lurking

    Siam Diesel Nauti Moderator Staff Member

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    I asked K. Wut (the guy who used to have the shop in Pattaya) about this...it looks like it's the FB page of a Thai lawyer (who may be trying to drum up business). Wut said that the quoted law was for police discretion for teenage & non-smokers (the last part didn't make much sense)...and if you're caught vaping in a public place (i.e., where no smoking is allowed). He indicated that if you vape where smoking is allowed, it's still OK.

    But I'd like to hear more from our Thai speakers...hopefully, they'll chime in soon.
     
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  8. IronLung

    IronLung Member

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    I am allowed to vape in many places smoking is not permitted. Once they realise it doesn't stink everyone is very cordial about it. I was vaping in a restaurant I frequent just last night, nobody bats an eyelid.

    I will carry on as normal, the wife says there is nothing in that post to worry about and in any case, the father in law is very well connected with top level cops here in Korat, so it is a phone call and it goes away :)
     
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  9. AI-NAAM
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    AI-NAAM Provarinati Member

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    In light of the recent story I wanted to clarify that its my understanding that the fines issued for importing too many cigarettes were issued by Customs Officers at the border. Not the Thai Royal Police.

    Does the TRP have the jurisdiction to enforce a Customs importation law? I've no idea. That would be a good question for an attorney.
     
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  10. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    My understanding of that law/ruling is that if Customs observes a violation, they must take the offender to the police station, who are then empowered to assess the fine. By inference, if the police observe a violation of the import laws, they are empowered to assess a fine. But I'm using logic and we know how far that goes here. ;)

    It does seem to be a bit of a stretch by the BiB (not the first time), to wit: it's not legal to import gear/juice (for sale?) so the fact that someone is in possession of a mod must mean that they imported it, and hence, are guilty of a customs violation and eligible to be fined or jailed...huh??

    What my g/f told me last night was that if the police don't see anything, they can't assess a fine, so keep your gear away from prying eyes when you're out & about. "Stealth" is the word of the day. :D
     
  11. Konvict
    Relaxed

    Konvict ProVari Moderator Staff Member

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    So with other words, as a vaper we should live in fear and vape everywhere where it is not allowed because it is very easy to spot a vaper among legal smokers.

    What a BS!

    I think it is best to warn everybody in Thailand and the whole world that Thailand it the only country that arrests vapers and want to throw them in jail for five years if they don't pay up!
     
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  12. Panthanit Koonnil

    Panthanit Koonnil JiJi

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    The maximum Five year sentence is linked to the import/export ban, meaning that if you are in possession of a vape device you broke the law.
    Customs Act Section 20 is basically about being able to be arrested without an arrest warrant if you are breaking the law
    Customs Act Section 27 states basic tax evasion, import duty stuff where the maximum 5 year sentence is from.

    Here in Bang Saen, Chonburi I have heard of people vaping in pubs/clubs and getting their devices confiscated but no further legal actions were taken.
     
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  13. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    This would be bad enough...but 5 years in prison...can't even imagine that!

    So, are we to understand that vaping, at least in public, is now banned??
     
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  14. Panthanit Koonnil

    Panthanit Koonnil JiJi

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    It surely depends on the level of enforcement or commitment of the police which varies from region to region. It was always banned but they didn't really enforce it but now it seems they are cracking down on us.
     
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  15. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    We have been advised in this post that the import ban applies to items intended for retail sale, not for personal use:
    Vaping Import/Export Ban Clarified | Page 4 | Thailand Vapers

    It certainly appears that the authorities have decide to ignore that particular distinction in the law!!
     
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