Rangsit Journal of Law and Society

LEGAL MEASURES TO DETERMINE AREAS FOR RECREATIONAL USE, POSSESSION, AND SALE OF CANNABIS

Panadda Siangboon — 2024-12-24

This documentary research examines the approaches used in various countries, including as Uruguay, Canada, the United States, and the Netherlands, to control the use, distribution, and ownership of cannabis. These proposals provide a structure for improving the laws that regulate the use of cannabis in Thailand, allowing the nation to take full use of its potential without making any compromises. Nevertheless, there are ongoing worries over the increasing prevalence of cannabis use, especially among a rising number of young individuals, which presents difficulties in effectively controlling its usage for recreational purposes. At present, the legal framework in Thailand does not provide clear guidelines about the specific locations where recreational cannabis may be used, distributed, or possessed. This situation requires the need for contextual adaptations. Proposals include passing dedicated legislation that grants authority to a national agency to provide relevant policy guidelines and strategies for execution. Furthermore, it is advisable to create local laws that clearly define certain zones for engaging in recreational cannabis operations and to encourage cooperation among relevant organizations in order to develop thorough regulatory policies. It is recommended to provide public education on legal principles and establish buffer zones based on foreign laws. These buffer zones should normally include a distance of 150 to 300 meters around communal places where children or vulnerable groups reside.

LEGAL ISSUES REGARDING PUBLIC PARTICIPATION IN LOCAL ORDINANCE PROPOSALS UNDER THE LOCAL ORDINANCE SUBMISSION ACT B.E. 2565

Achara Niyom — 2024-12-24

The article was to investigate and compare laws relevant to public participation in local ordinance proposals in Thailand, the Philippines, Japan,
and Norway. It also aimed to examine the legal issues concerning public participation in local ordinance proposals under the Local Ordinance Submission Act B.E. 2565, identifying several flaws, such as the required number of petitioners and the appointment of the petitioners as extraordinary committee members
for the local ordinance consideration. Additionally, the study sought to propose guidelines for improving Thailand’s local ordinance laws to enhance their effectiveness.

The results of the study revealed several concerns regarding public participation in local ordinance proposals. These concerns included discrepancies in the number of residents in each local area, which were not proportional
to the size of the local administrative offices. If the local administrative organization was large, name collection for local ordinance proposals might be difficult. Additionally, issues were identified in the appointment of representatives for local ordinance extraordinary members, especially the lack
of clear rules or methods, merely stating that selection was from the list of petitioners’ representatives who would have the authority to consider the local ordinance. Comparing the number of petitioners to the representatives, the ratio is rather low.

The comparison of the local ordinance proposal procedures in Thailand and the other focused countries revealed several key differences. Although democracy and government decentralization are employed in all the countries studied, people in other countries are more involved in the process of selecting representatives for local administration, which contrasts with the practice in Thailand. Additionally, Thailand has a disproportionately high number of representatives relative to the size of its local administrative offices, whereas
the other countries have a more suitable proportion.

LEGAL MEASURE CONCERNING OF ENFORCEMENT FISHERIES LAW AND THE CONSERVATION OF MARINE ENVIRONMENT IN TAKAT NGAO, THA MAI CHANTHABURI

Saphayasit Kerdnaimongkol — 2024-12-24

The study of data in the Takat Ngao community found that the number of local fishing boats has increased, both legally and illegally registered. There has been more competition to catch aquatic animals for a living. In addition, there is limited space for boats due to the villagers' excessive oyster farming, which has resulted in shallow rivers and canals that are navigable in some areas. Therefore, there must be measures to determine the areas for oyster farming in proportion and to leave space between waterways for fishing boats. In addition, the problem affecting marine resources resulting from fishing occupations that illegally catch aquatic animals beyond the legal limit, without considering the degradation of marine resources or the imbalance of the ecosystem.

It was the documentary research that has the purpose is to study the relevant laws and analyze them to find solutions to the problem at the right point. The results of the research found that villagers in the Takad Ngao community cultivate oysters in the canals beyond the balance of nature, resulting in shallow canals that have a significant impact on villagers who work as fishermen. However, the villagers' fishing occupations have also caused marine resources to deteriorate as well, because relevant government agencies cannot control the number of boats and the amount of aquatic animals caught, which is considered a lack of efficiency in coastal fisheries management.

LEGAL MEASURES IN THAILAND PERTAINING TO CONTRACT FARMING REGARDING LIABILITY FOR THE PRODUCTION OF AGRICULTURAL CROPS WITH CERTIFIED QUALITY AND SAFETY STANDARDS

Visitsak Nueangnong — 2024-12-24

Agriculture crops is vital to Thailand’s food supply, with many produced under the contract farming system established during the 6th National Economic and Social Development Plan (1987-1991). These crops typically meet quality and safety standards before reaching consumers. However, if consumers cause harm to their health and body by consuming contaminated agricultural products, the producer must be held accountable if agricultural products cause harm to consumers. Nevertheless, the insecurity of these foods makes it impossible to determine who is directly accountable to the consumer. Additionally, consumers face unfair treatment in legal proceedings and lack appropriate remedies and protections against these infringements.

This research proposes establishing a central standard for measuring product quality by setting a common standard that all food business operators should use as the same standard to enforce uniformly across all food businesses. It also recommends creating institutions for oversight and requiring food businesses in the contract farming system to register, ensuring a proper database for future consumer protection. The Ministry of Agriculture crops and Cooperatives should supervise appropriate institutions or organizations, and this information should be used to determine accountable persons. As for the problem of not receiving fair compensation for damages to consumers, the researcher proposes adding the word “Product quality” to the definition of the word “Unsafe products” in Section 4 of the Unsafe Goods Damage Liability Law, B.E. 2551 (2008) to cover the interpretation of product defects as well as product quality; the word “Within a reasonable time” in Section 4 (3) to provide clarity in enforcing the law and being fair to both the injured party and the seller. Furthermore, it should be agreed that a fund should be established to assist consumers damaged by the consumption of unsafe products under the Unsafe Goods Damage Liability Law, B.E. 2551 (2008), creating a more comprehensive system of accountability and support for affected individuals.

INNOVATIONS IN POLICY AND LAW IN DEALING WITH DRUG PROBLEMS IN REDUCING HARM TO THE HEALTH OF CONSUMERS AND THE SAFETY AND SECURITY OF SOCIETY BY USING DRUG CONSUMPTION ROOMS IN THAILAND

Thanee Vorapatr — 2024-12-24

This research aims to 1. Study and analyze measures for dealing with drug problems using drug consumption rooms in no less than 6 countries and the resulting impacts; 2. Find a suitable model that is possible to be implemented in Thailand; 3. Analyze the model that will occur in Objective 2 to find the possibility to further develop it for correct and appropriate use.

The study found that the goal of opening a "drug consumption room" is an emergency necessity that is aimed primarily at the health of drug users, safety and social stability during crises and in areas with high drug prevalence that may result in deaths, including harm reduction from treatment by medical science. Having a "drug consumption room in a drug reduction center under medical supervision" ( Drug Consumption room for treatment ) in ( Drop in Center ) or in hospitals. Currently, Thailand has a problem of being unable to control drug abuse and no one knows the level of danger of drug abusers. This method will limit the area of drug consumption and the use of equipment to be under the care of doctors and medical personnel who identify drug abusers by registration. The study results suggest that the state must set policies and use Section 55 of the Narcotics Code to determine the area of drug abuse to be under the treatment of doctors and in hospitals, such as sub-district health promotion hospitals (sub-district health promotion hospitals) or government or private hospitals. And to issue regulations, rules or announcements of related agencies for consistent administration in the implementation of the roles and responsibilities of their own agencies. There must be cooperation among various units in the community in management, such as families, temples, schools, communities, volunteers, local administrative organizations, doctors, public health personnel, police, etc.