BANGKOK, Thailand – Deputy Metropolitan Police Bureau Chief, Pol. Maj. Gen. Pallop Aremla, stated on March 21, that there is no clear legal provision allowing authorities to fine individuals 5,000 baht for using e-cigarettes. Instead, law enforcement is prioritizing action against importers, sellers, and those in possession of e-cigarettes, particularly in areas near educational institutions. He also cautioned police officers to ensure that any charges brought against individuals align with existing laws.
The statement follows a viral social media post that claimed authorities were imposing fines of 5,000 baht on anyone caught vaping in public, carrying an e-cigarette, or having one in their bag. The post further alleged that this enforcement was being carried out nationwide with rewards offered for informants.
Pol. Maj. Gen. Pallop clarified the legal framework surrounding e-cigarettes, stating that:
- Importing e-cigarettes is a violation of the Customs Act, carrying penalties of up to 10 years in prison, a fine five times the value of the goods, or both, as outlined in Sections 244, 245, 247, and 253. Additionally, the Ministry of Commerce has issued regulations prohibiting the importation of e-cigarettes.
- Selling e-cigarettes is illegal under the Consumer Protection Act, with violators facing up to five years in prison, a fine of up to 500,000 baht, or both.
- Possessing or purchasing e-cigarettes is also a violation of the Customs Act under Section 246, with penalties of up to five years in prison, a fine of up to 500,000 baht, or both.
While possession of an e-cigarette for personal use is not explicitly criminalized, those found in possession could be charged under laws related to aiding in the concealment, distribution, or handling of smuggled goods. However, there is no specific law permitting the immediate fining of users.
Police officers have been instructed to enforce the law strictly but fairly, ensuring that any arrests or charges are based on clear evidence of legal violations. Random searches without probable cause are not permitted. Authorities have been focusing on cracking down on e-cigarette sales near schools, which has reportedly led to a decline in illegal sales.
The government, led by Prime Minister Paetongtarn Shinawatra and National Police Chief Pol. Gen. Kittirat Phanphet, has directed law enforcement agencies to take decisive action against e-cigarette smuggling and distribution. Bangkok Metropolitan Police Chief, Pol. Lt. Gen. Siam Boonsom, has ordered officers, including patrol units and investigative teams, to intensify efforts in identifying and prosecuting those illegally selling or importing e-cigarettes.
Additionally, authorities have found cases where illegal substances were mixed into e-cigarette liquids, raising serious public health concerns. This issue has been linked to the ongoing war on drugs, as some drug traffickers have adapted their methods to include e-cigarettes as a vehicle for substance abuse.
The police continue to focus their efforts on tackling the illegal sale and importation of e-cigarettes rather than penalizing individual users. However, in cases where possession could indicate a connection to smuggling or distribution, law enforcement officers have been advised to exercise discretion and ensure their actions align with the law.
