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Proposed Thai Laws for Vaping in Thailand

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

  1. lordofthedread
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    lordofthedread Professional Lurker

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    The law itself has not changed but the use of it sure did. Just keep your gear at home and wait for what might come next or move to a vape friendly country. As we all know Thai government is prone to 1 step forward 10 steps backward.

    In the meantime Ya-Ba is widely available, you can get very nasty stuff from drug stores without needing any papers from a doctor and cigarettes are still avilable at every corner....

    Amzing Thailand....
     
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  2. santaclaus

    santaclaus Well-Known Member

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    Weren't they already talking about decriminalising weed and even meth, a few months back? Now this. Try to stop smoking, get jail, some great Thai logic. I really hope this craziness triggers some discussion that leads into applying some sense into the laws. Also it's very confusing as the video posted early in this thread clearly states usage and possession is legal, but importation and sales illegal.

    I just ordered some Snus (smokeless tobacco) for my upcoming trip to Vietnam. Want to make sure at least to not carry vape gear in and out of the country. Now it starts to be worrying for nights out at bars and clubs - this is where my mod is most needed.
     
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  3. Dieter.
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    Dieter. Secret Member

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    Not acording to the thaivisa story apearing today :
    Net Idol arrested for e-cigarette faces 5 years saying police treatment "over the top"



    [​IMG]

    Picture: Siam News



    A well known internet celebrity who was arrested in Pattaya at a checkpoint when an e-cigarette and vaping liquid were found has said her treatment at the hands of the local cops was over the top.



    Manutsaya Yaowarat - otherwise known as Fluksri Maneedeng - went on social media after she was filmed being dragged to the cells.



    It was confirmed that she had just one e-cigarette and one vial of liquid in her possession. No other charges have been mentioned.



    But a top lawyer said that she could still face 5 years in jail and a fine of four times the value of the vaping equipment and fluid that was found hidden in the console of her car.



    Thais have been asking about why the penalty for e-cigarettes is so severe and also commenting on Fluksri's treatment by the cops.



    Pattaya station chief Apichai Krobpetch stood his ground saying that the Manutsaya was welcome to make a complaint that would be investigated to provide justice for all sides.



    Popular online lawyer Kertphon Kaewket reminded the public that the importation of e-cigarettes and vaping fluid was a serious offence that could land people in jail for ten years and command 500,000 baht fines.



    But even possession was serious and could generate a 5 year prison term and from half to four times the value of the goods seized.



    It would be pointless to claim that you did not know the law as a defense. Everyone must know the law and it would be assumed that someone caught with an e-cigarette would know that it was illegal to import them and have them in your possession.



    The five year term is contained in ordinances related to the concealment, sale, distribution and buying of the merchandise.



    The penalties are severe because it comes under sections of the law related to avoiding excise duty. Duty cannot be paid on e-cigarettes because they are illegal so having them in your possession is a crime akin to smuggling.



    So anyone even just possessing them - and certainly using them - can be prosecuted and face the heaviest penalties, reported PPTV News on TV and online.



    Asked about the treatment of the net idol at the police station he said that the police were entitled to use justifiable force. Whether this was unjustifiable would be a matter for the courts to decide if it came to that.



    Source: PPTV News


    I guess this is the same that apeared in Thai lelevision yesterday or at least something similar, which urge both my wife and daughter to ask me to stop using e-cigarettes. The TV really scared the hell out of them.
    I fully agree. There is a witchhunt going on.
     
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  4. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    Irrespective of what is published, there are (still) no actual laws against possession of vape gear as affirmed by this fine gentleman:



    However, the 5-year jail term and/or 4x value fine being discussed has to do with the >30 year old Customs law relating to illegal importation that the BiB are using to fill their Police Benevolent Fund.

    AFAIK, only a handful of cases have gone all the way through the full court cycle...those have resulted in small(ish) fines and the return of the (exorbitant) bail sums being demanded for such a dangerous offense. I don't believe anyone has received any jail time, either.
    :chinrub:

    Bottom line...be very very careful if you take your gear out in public.
     
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  5. PEL2112

    PEL2112 Member

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    (to Sookee) Prior to my trip in August this year my partner who was living on Koh Phanang phoned the Tourist Police Koh Samui Airport and was told one unit only could be brought in by visitors, it must be dismantled. When she arrived at Don Muang Airport she asked the same question. On leaving Bangkok on Sept 4 2017 I asked the Tourist Police there and got exectly the same answer.

    I phoned the Tourist Police at Suvarnabhumi Airport a couple of hours ago - just to double check. I told him I that I am flying out from the UK this Friday, can I bring one electronic cigarette with me? He said "No, please don't bring it with you, it is illegal, it tax evasion, don't bring it with you, we want you to have a nice time in Thailand."

    Clueless or not it, the same information from three different sources? It would seem the police were all speaking the same language at the time.

    PS I'm from the UK not the US.
     
    Last edited: Dec 13, 2017
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  6. lordofthedread
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    lordofthedread Professional Lurker

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    But bringing regular cigarettes from your origin country is OK, this is not tax evasion is it? Eventho you did not pay taxes for them in Thailand.

    The absurdity really knows no bound....
     
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  7. biatch0

    biatch0 Well-Known Member

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    Well, things have to get worse before they get better right?

    In a way, such a "public" person being treated that way (whether called or uncalled for) over such a minor offense is a good way to increase awareness about vaping in general. Everyone I speak to or read about commenting tends to share the same thoughts when it comes to how enthusiastic the police seem to be when it comes to going after the vaping community as opposed to cleaning up the streets of anything more dangerous or likely to bite them in the behind.
     
  8. PEL2112

    PEL2112 Member

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    (to lordofthedead) I thought the same, they would have to ban all personal tobacco products and make visitors buy them in Thailand, which would not go down very well at all. I bought a pack of small cigars and they were 3 times the price I'd pay at home.

    Until they get a handle on taxing vaping equipment I get the impression nothing is going to change. It's not worth the risk.
     
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  9. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    Nothing's changed at Swampy...you probably won't have any problems entering. The (ever-vigilant) BiB are another story completely...be guided accordingly (or buy something here). :)

    PS - it's not about taxing vaping gear...it's more about the lost revenue to the TTM (Big Stinky in the local parlance)!
     
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  10. lordofthedread
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    lordofthedread Professional Lurker

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    Not sure about that, at least not under the current regime. After all they recently declared that Thai language should be as widely spoken as English not so long ago as well as wanted to sell Ya-Ba in pharmacies. In my opinion they don't care what the general public is thinking about this country politics. Remember the policeman dragged under the sport car of the Red Bull heir? This guy still roams free wherever he is. In the meantime get caught with a life saving device in your pocket and you can face jail...

    As long as the Thai Tobacco Monopoly is not OK with getting taxes from e-cigs I don't see the current climate changing in the slightest, they might even alleviate the taxes at some point on coffin nails if the sales go down too much.

    Not saying it won't change but it will take a while in my humble opinion. And it might take a while after the change or regime if that ever happens.
     
  11. Jazz2017

    Jazz2017 Well-Known Member

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    I said the same thing long ago. Nothing a tourist brings into Thailand has had Thai tax paid on it. Should people come in butt naked with just a passport and bank card and buy everything in Thailand?!!


    Sent from my iPhone using Tapatalk
     
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  12. Sue
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    Sue Well-Known Member

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    My concerns are, that all those vapers outside "Networks", like this Forum oder other vape communities have no idea about these issues. Most of the vapers were smokers, they never had to bother about bringing cigarettes into a country or where they are allowed to pack their lighters etc.etc. These vapers are completely uninformed about the legal status of vaping and the gears all over the world. Nobody will tell them, except they would ask their travel office before booking, but who did that ever? I feel really pity for those vapers, if they happen to be arrested while walking through the Thai streets, vaping, perhaps even together with a partner who is still a smoker, unaware of all this!
     
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  13. thairak

    thairak Well-Known Member

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    Yes , You are right Sue, there will be many quite innocent tourists, husband and wife couples coming for a holiday.
    and it turns into a nightmare, ....nights in a Thai jail, massive fines , for something so simple and innocent as Vaping.
    it's a Country gone half mad.
     
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  14. SooKee
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    SooKee Contented Single Coiler

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    Not disputing the 3 sources may all be giving the same information. Problem is they are not the agency causing the problems and what they may think, interpret and even advise may not necessarily be accurate.

    The further you get away from the agency doing the enforcing the more likely you will be to get wrong information, regardless of how well intentioned it might be or how sure they are that they are right. What they were advising before (when saying you could bring one unit etc) does not tie up with either the law OR what the BIB on the ground were doing, even then. Even within the same agency there's confusion. Same goes with the recent news about Phuket where folks were being told by an official that they could use their e cigs in the public smoking booths near the beach.

    Sent using Tapatalk
     
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  15. jpr
    Cloud_9

    jpr Well-Known Member

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    agree with @Sue
    we can't stop the wheel even the Thai authorities..... ASEAN exist, already a lot of tourist choice for shorts holidays: indo, vietnam (hualong bay for diving) ..... , for discovering other country and sometime the price of living (ex: pucket).
    foreigners living here will stay for the majority, but people traveling for enjoy spending their money are not looking for nightmare but just hollydays.
    this prohibition is IMO an other shot in the feet (for a stupid story of an easy done tax on nicotine and gears).
     
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