Transcript of the above video: 

As the title of this video suggests, we are discussing arrest, deportation and blacklisting for foreigners here in Thailand. Although the thumb for this video may seem like kind of a standard video I do, 'foreigners behaving badly', the point of this video is actually there are a lot of teaching points I want to go through especially as we're going into high season. I imagine there are a lot of new folks that are probably coming to Thailand either for the first time, or they haven't been here all that long and providing some sort of frame of reference for how Criminal Law interacts with Thai Immigration Law, I think is warranted under current circumstances. 

That said, I thought of making this video after reading a recent article from the Phuket News that is thephuketnews.com, the article is titled: German Tourist arrested for drug use, overstaying Visa. “Patong Police have arrested a 29-year-old German tourist on charges of drug use and overstaying his Visa. The German national was arrested in his room at a hotel on Prachanukroh Rd at about 2:30 pm on Sunday (Oct 13), Patong Police confirmed in a brief report posted online. The report did not identify the German man by name. The German was taken to Patong Hospital to be tested for drugs, which returned a positive result from methamphetamine. Drug paraphernalia was also found at the scene, Police noted."

Yeah, if you test positive for having used drugs in Thailand, you could end up with charges against you notwithstanding the fact that there may not even be the drugs left over at the scene of the crime. If you test positive for having used them that could be a criminal offense as well. Meanwhile, a couple of things to think about and one of the first teaching points on this case. Folks, I get it, Thailand is pretty free and easy; we rather like that here. We've seen Cannabis legalized here in Thailand; yes, we're going to see regulation on that in the relatively foreseeable future but we have also seen that No, it's not going to go away. It's still going to be a product for consumption here in Thailand. Exactly what the regulatory scheme looks like remains to be seen but we know it's still going to be here. Despite the fact that Thailand has a tolerant attitude - I've done videos on this in the past - there is a big difference between tolerance and acceptance and there is an even bigger chasm between tolerance and condonement and there's a way bigger chasm between tolerance and enforcing relevant Thai Criminal Law. 

Thailand is pretty okay at this point or at least just tolerant enough with matters pertaining to Cannabis. Hard drugs on the other hand, methamphetamine, things like heroin, cocaine, these type of drugs, Thailand is deadly serious about insofar as law enforcement is concerned. They, myself included as a Thai, I personally don't want to see a bunch of hard drugs on the street in Thailand. I think that has a tremendously detrimental impact on this place, and I think it's a good thing that the Thai Law enforcement is assiduous about going after that. But again, first teaching point here is yeah, Cannabis is one thing, whatever, have your fun with that that's what you want to do. Again, if you want to have a beer in Thailand, no problem. But hard drugs are a serious matter, and they can get you into some serious problems. 

That said, quoting further: "It was not reported how long the German man had overstayed." So this is the second point to get into. This person first of all has issues with regard to criminal charges being filed against them through the Thai Criminal Courts. As soon as that is adjudicated - however that ends up being adjudicated - then this person has to go ahead and deal with Thai Immigration and the policies associated with inadmissibility and grounds for deportation from Thailand which if convicted, and again in Thailand, innocent until proven guilty, so let's presume this is an allegation for now, and that an adjudication will determine whether or not this person is in fact guilty or if this person ends up confessing or having some sort of plea, whatever, we will deal with that when the outcome for that happens. So presumptively this person is innocent until proven guilty. Presuming the allegations are true and correct, this person was arrested, they're definitely going to be deported because again if they're convicted, that's a national security, public health and safety sort of issue, deportation is presumed. Final teaching point though, and this is for anyone watching this video, anyone arrested or detained or anything in Thailand who is determined to be on overstay, they are on overstay, they can be immediately deported and blacklisted for five years regardless of whether or not they are ultimately adjudicated to be found guilty of some sort of criminal offense or otherwise. If they are not adjudicated guilty it doesn't matter. If they were found to be in overstay, that in and of itself is an Immigration violation, grounds for deportation and grounds for a minimum of a five-year blacklisting. So, a lot going on with regard to cases like this. 

I hope that this video acts as a sort of guide to folks out there who are sort of a little bit unaware of how these things interact. The best idea, best rule of thumb here in Thailand, stay away from hard drugs.