The Constitutionality of “Possession” and “Possession for Consumption” in the Thai Narcotics Code Regarding the Presumption of Innocence

Abstract

The current Narcotics Code attempted to distinguish between drug abusers and drug dealers, with drug dealers getting noticeably higher penalties than drug abusers. Currently, the most obvious way to distinguish between dealers and abusers in the case of being found in possession of narcotics is the number of narcotics found in possession. Thailand utilizes presumptions to aid in their cases. However, issues arise when the defendant does not benefit from the presumption, which may cause the defendant to have the burden of proving that he is possessing narcotics for his consumption instead. This article discusses the constitutionality of the conflict between “possession” and “possession for consumption” in the Narcotics Code and whether it conforms with the principle of the Presumption of Innocence. In doing so, the author first describes Thai Narcotics Law and the Principle of Presumption of Innocence under Thai Law; this part is descriptive. Then, the author will perform a comparative analysis to see how other countries deal with this issue. Finally, the author will provide some commentary on the issue. The result of this research shows that the current narcotics law is unlikely to be against the presumption of innocence under Thai jurisprudence. Nevertheless, the author recommends amending the current law to further safeguard the defendant’s rights.