Can you keep trading while your cannabis licence renewal is pending?

Probably, if you filed in time, but the published texts do not settle it. Section 49 of the Thai Traditional Medicine Wisdom Act B.E. 2542 (1999) says a licensee that applies to renew before expiry may carry on until the licensor orders the renewal refused. A DTAM guide speaks of a new application once an older licence ends. Both are on the public record, and no text says how an undecided renewal is handled on the expiry date.

This article sets out the text, the guidance and the steps that protect you under either reading. It does not pick a winner, because the texts do not.

What section 49 says

Cannabis flower is a controlled herb under the Act. Section 46 sets the licence term, running to 31 December of the third year from the year of issue. Section 49 governs renewal. Verified

In the English translation on FAOLEX, section 49 has two parts. First, the licensee must apply to renew before the licence expires. Second, once the application is in, the licensee may continue its activities until the licensor refuses the renewal. A further paragraph leaves the rules, procedure and conditions of renewal to a Ministerial Regulation. Verified

Two features matter. The trigger is filing before expiry, not receiving a decision. And the point where the right to continue ends is a refusal by the licensor.

Why the question is live now

Renewal is a test, and a large group of licences will be pending together. 37.5% of licences in force face renewal on 31 December 2026. Of the licences due to renew in 2025, 5 in 6 did not complete renewal. Verified See the licence renewal checklist for 31 December 2026.

Ministerial Regulation No. 2 B.E. 2569 (2026) has been in force since 30 April 2026. A renewal must be filed in the sixty days before expiry, under clause 11. The same clause says that where the licensee was previously suspended for breaching a controlled herb notification, the licensing authority shall consider not renewing. It is a discretion, not an automatic bar. Verified

The two readings

Reading one, the text of section 49. A licensee that files before expiry keeps its authority to operate until the licensor refuses. A timely filing bridges the old licence and the decision.

Reading two, the guidance on expiry. DTAM's guide of 1 May 2026 says the holder of an older licence may continue until that licence expires, and that a person who wishes to continue after expiry applies for a new licence under the criteria of the current regulation. On this reading the end of the term is the end of the authority unless a new grant is made.

The two may describe different cases. One is a renewal filed in time. The other is a fresh application filed late or after a lapse. What the public texts do not say is how the licensor treats a renewal that is still undecided when the term ends. On the reading of the published texts a shop that filed in time may keep trading until the licensor decides, though that point is not settled. Estimated

What each reading means in practice

Under the section 49 text, a refusal letter, not the printed expiry date, ends your authority. Under the guidance reading, an undecided renewal does not protect trading after the term ends.

The difference is the days between expiry and decision. We have not found a stated decision period, so ask the licensing office what to expect.

Three consequences follow under either reading.

• Enforcement continues. A pending renewal is not a pause. Suspensions of 30 days and 90 days apply, with 90 days at most in total, and revocation follows a repeated breach. Estimated A revoked licensee may not apply for any licence for two years under section 54. Verified See suspension vs revocation.
• A past suspension can count. The discretion in clause 11 looks at suspensions for breaching a controlled herb notification.
• Criteria apply at renewal. The regulation applies the new flower criteria in clause 8/1 when a renewal is considered. See what the 30 April 2026 rules changed.

Common misreadings

• "Filing means the licence is extended." Section 49 lets you continue until the licensor refuses. It does not extend the term, and guidance points the other way.
• "A filed renewal is safe from enforcement." The suspension and revocation powers still apply, and an earlier suspension can count against the renewal.
• "File in the last week and the law covers me." The filing must fall in the sixty days before expiry, and an incomplete filing may be treated differently.
• "The new bill changes section 49." It does not yet. The draft is not law.

Where to file

DTAM's guide says flower licence applications are lodged with DTAM in Bangkok and with the provincial public health office elsewhere, based on where the premises sit. Since 10 October 2026 an application to sell, process or export cannabis flower is made on the form prescribed by the DTAM Director General. Verified Confirm the current office and form before filing.

If your renewal is coming up

1. Diarise the start of the sixty day window and file early in it, keeping a dated receipt for every document.
2. Ask the licensing office in writing to confirm your position under section 49, and keep the reply.
3. Test your premises, storage, qualifying route, staffing and odour control against the criteria in force since 30 April 2026 before you file.
4. Keep every operating rule while the renewal is pending, including records and licence display.
5. Prepare a lawful plan for stock, staff and records if the renewal is refused, and take Thai counsel before relying on either reading.

Section 3 of the report, free to read, sets out the rules in force with their sources, including both readings of section 49. If you want your renewal date tested against them, start with a call.

Sources

• Section 3 of the 2026 report, The rules in force (free to read)
• Thai Traditional Medicine Wisdom Act B.E. 2542 (1999), English translation, sections 46, 49 and 54
• Royal Gazette, Ministerial Regulation No. 2 B.E. 2569, Thai text, 30 April 2026
• DTAM Division of Medical Cannabis, guide to establishing a medical cannabis service under the 2026 regulation (Thai), 1 May 2026
• Mahanakorn Partners, Thailand tightens cannabis licensing rules through two new ministerial regulations, 13 July 2026
• Nation Thailand via Asia News Network, Thai ministry tightens penalties for cannabis shop rule breaches, 23 June 2026

This article is market intelligence, not legal advice. Rules change by notification; check the current text with the licensing authority or Thai counsel before you act.