In 1916, the first King of Bhutan Ugyen Wangchuck promulgated a ban on the "most filthy and noxious herb, called tobacco.
In January 2012, Parliament passed urgent amendments with the effect of greatly increasing permissible amounts of tobacco and reducing penalties, although sale and distribution remain prohibited.
[nb 5] The act imposes a duty on persons in charge of these areas of public accommodation to display signs prohibiting smoking, demand smokers cease, report offenders who refuse to the police, and comply with inspections.
[nb 9] The act's chapter on "Educational Measures" authorizes the government of Bhutan to form agencies in order to promote health awareness, prevent smoking in non-smokers, and strategize tobacco control.
The office acts as the agent of the board responsible for coordinating most of the actual implementation of Bhutan's tobacco policy.
[nb 15] The act tasks other government institutions and agencies with implementing its terms and the rules promulgated by the Tobacco Control Board.
[nb 17] Likewise, local-level Thromdes (municipal governments) are also to coordinate and conduct awareness programs on tobacco control.
[nb 21] The act lists eight new offenses and corresponding penalties, ranging from fines for smoking in non-smoking areas to fourth-degree (lowest degree) felony charges for smuggling.
[nb 22] In addition, depictions of tobacco use in motion media other than for health promotion constitute a petty misdemeanor; as such, the act also provides for a content-based restriction on speech.
[9] In the first major prosecution under the act, a 23-year-old ordained monk named Sonam Tshering from Langpa in Haa was caught on January 24, 2011, with 480 grams of chewing tobacco[10] (purchased for Nu.120) en route from Phuentsholing to Thimphu.
[6] In the ensuing controversy, the Prime Minister of Bhutan Lyonpo Jigme Thinley issued statements that Tshering's case had been "blown out of proportion," while sympathizing with those who felt the severity of the sentence was incongruent to the offense committed.
With the truism that no law is perfect, he invited the public to amend the Tobacco Control Act peacefully under the new Bhutanese democratic process.
[10][12] The Bhutan Observer editor has questioned the constitutionality of the Tobacco Control Act and its enforcement in view of the harshness of the sentence.
[19][20] In late March 2011, another arrest in Phuentsholing, a major border town, allegedly produced a network of apparently unwitting transporters of tobacco products worth Nu.45,000 in a consignment passing through Jaigaon.
The Bhutanese public seems convinced, however, that threats to health and happiness from tobacco pale in comparison to those posed by alcohol and drugs.
[9][23] Members of local and national governments have generally supported the Tobacco Control Act as it was enacted and opposed any amendments, especially before the expiration of a mandatory one-year waiting period.
The prime minister explained the decision was based on the "pain and the suffering" the act had caused after some 59 arrests, adding that his government would consult with the National Council to ensure its presentation during the next legislative session.
[26] In reaction, semi-nomadic communities in Merak and Sakteng along the porous Indian border near Arunachal Pradesh expressed vocal support for the status quo, or even strengthening its provisions, due to the negative impacts of the illicit tobacco trade among their populations.
[31][32] As proposed by the National Council, the amendment would have lifted the ban on tobacco sale and distribution within Bhutan, though production would have remained prohibited.