Thailand Updates the Cannabis and Hemp Regulations for Cosmetics

With the Ministry of Public Health’s Notification “RE: Narcotics under Category 5 of the Narcotics Act B.E. 2565 (2022)” becoming effective on June 9, 2022, cannabis and hemp have been officially removed from the narcotics list.

On the same day, the Thai Food and Drug Administration (Thai FDA) released the revised criteria and requirements for the registration of cannabis and hemp-based cosmetics¹ as well as the checklist of required registration documents,² supplementing and refining the cannabis cosmetic policies enacted in 2021. On June 22, 2022, the Thai FDA issued the cannabis cosmetic certificate templates³ and a Q&A collection on cannabis and hemp cosmetics registration after the implementation of the updated regulations.⁴

Highlights of These Regulations

• Permitted Ingredients

Thai domestic manufacturers are allowed to produce cosmetics containing the following four types of Thai cannabis and hemp ingredients, provided that the THC level in the cosmetics does not exceed 0.2% by weight.

• Product Naming

The texts such as “hemp seed,” “cannabis sativa seed,” “hemp,” “cannabis,” “CBD,” etc., can be used as part of the product name of cannabis and hemp-based cosmetics, on the condition that the ingredient in the product name is consistent with that in the product formula and will not lead to misunderstandings in meaning. For example, product names such as “CANNABIS SATIVA SEED SOAP,” “HEMP SOAP,” and “CBD MOISTURIZER CREAM” are allowed. In addition, the product’s name shall also be within the scope of cosmetics.

• Pre-market Registration

Under these regulations, cannabis and hemp-containing cosmetics are classified as high-risk products, limited to the “manufacture or subcontract for manufacture” in Thailand. The imports of cosmetics containing cannabis and hemp ingredients are prohibited.

To register such products with the Thai FDA, applicants must indicate the usage amount of cannabis or hemp ingredient and submit required documents such as the certificate of analysis (COA) and the sample label for the authority’s review.

• Industry Comments

The industry has seen the establishment of a brand-new regulatory framework for managing cannabis and hemp-based cosmetics, which consists of the introduction of the revised criteria and requirements for the registration of cannabis and hemp-based cosmetics, the checklist of required registration documents, the cannabis cosmetic certificate templates, the Q&A collection, coupled with the Claim Guideline unveiled on May 20, 2022. From now onwards, the industry enters into a new era of orderly development.

However, it is worth noting that at present, Thailand has not yet allowed the import of cannabis or hemp ingredients permitted for use in cosmetics, nor the import of finished cosmetic products containing such ingredients. The cannabis cosmetic business (manufacture or subcontract for manufacture) only applies to individuals or companies with Thai nationality.