Hazy vape law makes waves
Tide may turn if PPRP wins poll
The laws regulating e-cigarettes have sparked controversy, prompting a cabinet minister to propose vaping be legalised while police have launched operations to crack down on the sale of the devices.
The move came after a police officer allegedly demanded a foreign tourist pay 60,000 baht for possessing an e-cigarette in Pattaya, triggering a public debate on whether owning vaping devices should be illegal.
Critics ask why the devices are so easily available in the country if they are against the law.
Digital Economy and Society (DES) Minister Chaiwut Thanakamanusorn admitted yesterday that e-cigarettes are popular with certain groups of people in Thailand and are legal in many other countries.
“Vaping has become part of their way of life,” he said.
“In countries where vaping is banned by law, people still find ways to sell and use them secretly, leading to illegal businesses and bribes [among authorities]. They are still sold both online and in markets [despite being illegal].
“We should stop pretending [vaping has been successfully banned]. We are still struggling to deal with the problem.
“Most importantly, I think vaping should be legalised so the government can collect taxes from e-cigarettes for the benefit of the public.
“If vaping is decriminalised and related laws are amended to be compatible with people’s way of life, this would also help prevent bribery and corruption.
“I will also push for the decriminalisation of vaping to be a policy of the Palang Pracharath Party for the coming general election,’’ said Mr Chaiwut, who is also a deputy leader of the ruling party.
Pol Maj Gen Theeradet Thammasuthee, commander of the Metropolitan Police Bureau’s (MPB) investigation centre, said the MPB commissioner, Pol Lt Gen Thiti Saengsawang, has instructed all 88 police stations in Bangkok to ramp up crackdowns on those who sell e-cigarettes.
Previously, a senior sergeant major in the police force was transferred to an inactive post pending an investigation after he was alleged to have demanded 60,000 baht from a foreign tourist who was caught with a vape.
His transfer came in the wake of a news report and associated photos that aired on Channel 3 on Tuesday.
A Chinese tour guide reportedly sent a message to other guides in his group saying a tourist under his care had been detained for possessing a vape by a policeman who demanded the whopping amount. After some bargaining, the sum was reduced to 30,000 baht. The incident allegedly occurred in Pattaya around Jan 28.
After learning about the report, Pol Maj Gen Kampol Leelaprapakorn, the Chon Buri police superintendent, sent an urgent letter telling the chief of Pattaya police to investigate the matter.
The probe found the policeman was Pol Snr Sgt Maj Noppakrit Pornwatanathanakij, a traffic police officer. Pol Maj Gen Kampol on Tuesday transferred him outside Pattaya to assist with the operations centre at Chon Buri police headquarters. A fact-finding committee has been set up.
Pol Lt Gen Trairong Phiewphan, commissioner of the Office of Legal Affairs and Litigation under the Royal Thai Police, said e-cigarettes are banned under the Customs Act, the Public Health Ministry Act and an announcement issued by the Commerce Ministry.
Pol Col Prateep Charoenkul, deputy secretary-general of the Office of the Consumer Protection Board (OCPB), said the OCPB takes tough legal action against anyone selling e-cigarettes.
Even if those who possess them do not know they are illegal, the devices must be confiscated and destroyed, he said.
Patcharapan Prajuablap, secretarygeneral of the Thailand Youth Institute, said courier firms must be better scrutinised so illegal products cannot be shipped into the country easily.
Taiwanese actress Charlene An’s police extortion case is raising concerns over the legality of e-cigarettes and how smokers can still access them despite a ban in the kingdom. It all started when An posted on social media early this month saying that she had been stopped and searched at a checkpoint while in a taxi with her friends during a night out in Bangkok. She said she was threatened with a criminal charge for having an e-cigarette device and later paid 27,000 baht before leaving the country on Jan 5.
Shortly after her post went viral, the Royal Thai Police began investigating the incident and concluded that it was extortion. Huai Khwang police at the Ratchadaphisek checkpoint, on the early morning of Jan 4, stopped the taxi for a search, the RTP said.
As a result, the public is now questioning whether e-cigarettes are truly illegal, with some experts providing the answer online.
Narong Kaewpetch, lawyer and president of the Social Justice Campaign Network, said on Facebook that the “possession of electronic cigarettes is illegal because the device is banned from import; the owner could face a maximum penalty of five years in prison and a fine of four times the price plus unpaid tax, according to the Customs Act 2017”.
The lawyer added that selling e-cigarettes and vaping in public spaces is illegal by order of the Consumer Protection Board of 2015 and under the Tobacco Products Control Act of 2017.
Despite the illegal status, e-cigarettes are explicitly promoted on social media platforms, especially Instagram and Line. Online vape retailers are using these platforms to attract customers, such as university students, businessmen and working people.
EASY ACCESS
According to university student Sirinya (surname withheld), a regular vaper, the device is easy to find and purchase around her campus.
“Students often bring them from Malaysia or China to resell,” she said. “They are a very common thing to see.”
The 22-year-old added: “I also found a store near the campus that sells e-liquids and related devices.”
When asked about health concerns, she said she has become more susceptible to tonsillitis since she started using e-cigarettes, but smoking relieves stress from studying.
Similarly, Chaya Zhu, 22, another university student who vapes, said devices are easy to get hold of.
“I bought it from Instagram, but I see some on Line as well,” said Mr Chaya, who says he has vaped for four years. “The shop is mostly known through word of mouth,” he said.
“Most sellers deliver the vape themselves, especially around the university area where the service is standard practice.”
When asked about health concerns, he said vaping is primarily a social choice and that he only smokes in secluded areas, not public settings.
“I believe it is still unclear whether it is illegal for the owner, so I don’t want to risk vaping in public,” he said.
According to 29-year-old Gif, a master of ceremonies, the device is widely sold on Line.
“Being illegal does not make it hard to find,” she said. “It is very easy, even though [its illegal status] drives up prices.”
Despite being sold on the internet, shops often conceal their location, she said.
As for health concerns, she said that she switched from cigarettes to vaping because “it is healthier and does not smell”.
Jenny, a 21-year-old university student, said she vapes on occasion to relax.
“The device is pervasive and can be brought anywhere, whether from a friend or acquaintance, market, and especially on social media, with the exception of the shopping apps,” she said, adding it is widely known that owning a vaporiser is illegal primarily due to tax concerns.
She said she is a light vaper and is unconcerned by the consequences of vaping.
JUST SAY ‘NO’
Meanwhile, Dr Prakit Vathesatogkit, executive secretary of the Action on Smoking and Health Foundation, said that legalising e-cigarettes is very dangerous for young people and it will encourage teens to start smoking.
A study in the United States found that teenagers who vape are two to four times more likely to switch to smoking cigarettes than those who don’t, he said.
Dr Prakit said over 30 countries and territories worldwide, such as Hong Kong and Taiwan, have banned e-cigarette sales to protect children.
If Thailand wants to legalise e-cigarettes, it needs to make sure it can effectively prevent usage among adolescents, he said.
However, the International Union Against Tuberculosis and Lung Disease suggests that banning the product is the best practice for developing countries that cannot effectively follow the World Health Organization’s Framework Convention on Tobacco Control, which aims to curb smoking around the world, he said.
“We are on the right track by banning e-cigarettes,” Dr Prakit said. “But the problem is we are in trouble on the law enforcement [aspect]. Law enforcement is key to preventing the illegal e-cigarette trade.
“Legalising e-cigarettes will put a burden on tobacco control authorities and costs because we don’t have a lab to examine the quality of e-cigarettes in the country,” he said.
Regarding the health impact of e-cigarettes, Dr Prakit said that the WHO stated it could not reach a conclusion on whether they are more dangerous than regular cigarettes.
E-cigarettes started becoming popular ten years ago, he said, adding lab tests have shown the detrimental effects of e-cigarettes on the lungs of mice.
Dr Prakit noted the notion that e-cigarettes are less harmful than tobacco is false.
According to a National Statistics Office 2021 survey, there were 9.9 million smokers in Thailand, 80,000 of whom smoked e-cigarettes.
‘‘ Being illegal does not make it hard to find ... It is very easy, even though [its illegal status] drives up prices.
GIF A MASTER OF CEREMONIES