New regulation of kratom and low-level THC content cannabis
‘New’ or ‘designer’ drugs like kratom are rapidly changing the market of addictive substances, and their sale needs to be regulated. Under the new rules, it will only be possible to buy such products in specialised shops. Rules are also being introduced for obtaining a licence to grow, distribute, and advertise them.
Until now, Czech law has not regulated psychoactive substances with low health and social risks, such as kratom or cannabis with low THC content. These substances were thus available to the general public, including minors, even via the internet or vending machines. However, under the amended law on addictive substances, the growing, distribution, and sale of psychoactive substances will be regulated, as will be their advertising. The government shall establish a list of substances legally referred to as psychomodulants by regulation.
New rules
To limit the availability of psychomodulants, their sale in vending machines or outside of a specialised shop will be prohibited. In addition, online sales or sales by means of distance communication will only be possible if it is ensured that the products are not purchased by minors. Persons under the age of 18 will not be allowed to enter the specialised shops.
The product packaging will have to include a statement on the effects, risks, recommended dosage, and warnings about the dangers of underage use. The law also prohibits any packaging resembling candy, food, or toys. Advertising or sponsorship promoting psychomodulants will be prohibited under the new rules.
Crucially, a licence issued by the Ministry of Agriculture will be required for the growing, distribution, and sale to end customers. A list of licence holders will be published on the ministry's website.
New psychoactive substances
Due to the rapid development of new substances, the legislators will also regulate the handling of substances that are assumed to be psychoactive but whose health risks have not yet been established. Once these psychoactive substances with unknown health effects become part of the relevant list, it will only be possible to use them in research projects for which a permit will need to be obtained and evidence of, among other things, the research plan and other facts related to the research project will need to be provided. An assessment of whether the psychomodulants will be listed as prohibited or regulated and whether their sale will be allowed will only be made then.
Effective date
The amendment has already been signed by the president and is heading for publication in the Collection of Laws. It should enter into effect on 1 December 2024.