Section 49 — Ban on liquor or drugs
English translation
If the offense committed is connected with the consumption of liquor or narcotic drugs, the court may impose conditions to supervise the conduct of the person punished by prohibiting the consumption of liquor or narcotic drugs, whether during imprisonment or after release from punishment, for a period not exceeding two years.
If that person violates the conditions, the court may order that person to be held in custody in a medical facility for a period not exceeding two years.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 49 is a conduct-supervision safety measure targeting offenses connected with liquor or narcotic drugs. The court may attach a condition prohibiting consumption, running during imprisonment or after release, for a period capped at two years. The section carries its own sanction for breach: custody in a medical facility for up to two years, echoing the treatment-oriented approach of Section 48. The link between the offense and the substance is the gateway element, so the measure is not available for every offender, only where the offending is connected with drinking or drug use.
Why this matters in practice
This measure adds ongoing obligations that can outlast the sentence, since the ban may run for up to two years after release and breach can send the person into a treatment facility for as long as two years. It applies only where the offense is genuinely connected with liquor or drugs, so the connection itself is a point counsel can contest. Anyone sentenced in a drug-related case should understand these conduct conditions before release; see our overview of Thailand drug laws and penalties.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 888/2548 (2005)
A safety-measure condition barring a person from involvement with narcotics after release must be imposed within the limits the law allows; an order that misapplies that measure is a question of public order the Supreme Court may correct even without an appeal on the point.
In a methamphetamine case the trial court ordered the defendants barred from any involvement with narcotics for two years from release. The Supreme Court held that this had not been imposed correctly and, as a question of public order, corrected it even though no party had appealed that point.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When can a court ban an offender from alcohol or drugs?
Under Section 49, when the offense is connected with the consumption of liquor or narcotics, the court may impose a condition prohibiting consumption for up to two years, during imprisonment or after release.
What happens if the person breaks the no-drug or no-alcohol condition?
Under Section 49 the court may order the person held in custody in a medical facility for a period not exceeding two years.