Licensing for CBD and HHC
How to avoid unnecessary trouble
Licensing rules for CBD and HHC cannot be handled through one procedure because different products may fall under very different regimes, while HHC cannot be lawfully sold as an ordinarily regulated product. For CBD, classification depends on the composition, intended use and how the product is presented, which can affect whether it may be sold. This article explains how to classify your product, when authorisation may be needed and which sales risks to avoid.
Key takeaways
Origin of the New Rules and Reason for Regulation
The reason for the stricter rules was the situation in 2023 and 2024, which saw cases of child intoxication, for example, after ingesting HHC sweets. If you are in the business of cannabis products or kratom, you must know for certain which category your product falls into, whether it be addictive substances, psychomodulatory substances, or new psychoactive substances.
What Happened to HHC
In 2024, HHC (hexahydrocannabinol) was added to the list of addictive substances in the annex to a government regulation. Unlike psychomodulatory substances, which can be sold with a license, handling HHC is prohibited.
This means that HHC cannot be legally sold or stored. If a substance chemically corresponds to HHC, it constitutes the criminal offence of illicit production and other handling of narcotic and psychotropic substances and poisons, or a misdemeanour subject to a high fine.
Entrepreneurs who still hold old stocks of HHC are at risk of criminal prosecution. These substances must be disposed of in accordance with the Waste Act and under the supervision of authorised persons, not further distributed.
The Influence of EU Law on Business
Czech regulation must coexist with European Union law. For CBD products, the Novel Food Regulation is key. Cannabinoids obtained by extraction are considered a novel food and may not be placed on the market as food or food supplements without authorisation from the European Commission.
The Czech Agriculture and Food Inspection Authority rigorously checks whether CBD oils or sweets are being sold as food without this authorisation. The lawyers at ARROWS law firm deal with such situations daily and help entrepreneurs correctly categorise their products to comply with both Czech and EU law.
Sales Regime for Psychomodulatory Substances
Substances included on the list of psychomodulatory substances can only be sold under a strict regime. Since the law came into effect, the following obligations apply to sellers of kratom and cannabis products falling into this category.
Which Substances Fall into This Category
The list of psychomodulatory substances is determined by government regulation. As of 2026, the regulation primarily concerns kratom and its extracts, and cannabis products with a low THC content of up to 1% by weight, which are intended for purposes other than industrial use.
Note that CBD products containing trace amounts of THC up to 1% and marketed as a psychomodulatory substance are subject to this regime. If a product is completely THC-free and meets the definition of a cosmetic or another category, this law does not apply to it.
Specialised Shops and Age Restrictions
The sale of psychomodulatory substances is only possible in specialised shops, where sales to persons under 18 years of age are prohibited. The goods must not be sold alongside toys or sweets for children, and the shop must have a separate area to which minors do not have access.
The Prague-based lawyers at ARROWS law firm can ensure your premises are inspected and your sales processes are set up to comply with the requirements of the Act on the Protection of Health from the Harmful Effects of Addictive Substances. Contact us at consultation@arws.cz.
Mandatory Handling Permit
Placing psychomodulatory substances on the market requires a handling permit, issued by the relevant authority. The process involves submitting an application with proof of a clean criminal record, paying an administrative fee, and securing storage facilities against theft and misuse. Selling without this permit is a misdemeanour punishable by a fine of up to CZK 10,000,000.
ARROWS law firm provides complete preparation of documentation and representation in the administrative proceedings for granting the permit. Thanks to our experience from the legislative process, we know what particulars the authorities require. For more information, contact us at consultation@arws.cz.
Strict Restrictions on Packaging and Advertising
The law introduces rules designed to discourage children from consumption and to inform consumers about the risks.
Standardised Packaging
The packaging of psychomodulatory substances must not resemble food, cosmetics, or toys. Forms resembling sweets, graphics aimed at children, and the requirement to display health warnings on the packaging according to the decree are prohibited.
If you have old packaging with fruit or candy designs in stock, you must not use it for psychomodulatory substances.
Marketing and Advertising
There is an almost complete ban on advertising psychomodulatory substances in the media, on the internet, and in public spaces. Advertising is permitted only at the point of sale and in professional publications, with any promotion suggesting therapeutic effects being strictly penalised.
In this area, the lawyers at ARROWS law firm provide reviews of websites and marketing materials. We will ensure that your e-shop does not violate the Act on the Regulation of Advertising. Contact us at consultation@arws.cz.
Online Sales and Age Verification
Sales via an e-shop are permitted only if a two-step age verification condition is met. This verification must occur upon entering the website or when placing an order, and then again upon delivery of the goods by the carrier or at the collection point.
If an e-shop cannot ensure age verification upon delivery to the recipient in person, it is not allowed to sell psychomodulatory substances.
Cross-border sales of psychomodulatory substances to consumers in other EU member states are generally prohibited or extremely complicated due to differing legislation.
Risks and Sanctions | How ARROWS can help (consultation@arws.cz) |
Sales without a permit: Fine of up to CZK 10 million, business ban, and forfeiture of goods. | Representation in licensing proceedings. We will prepare the application, secure the necessary documents, and communicate with the ministry for a smooth registration process. |
Non-compliant packaging and advertising: Fines in the millions of CZK for violating the Act on the Regulation of Advertising and the ban on attractive packaging. | Compliance audit. We will check your packaging, labels, and marketing texts. |
Health claims: Unauthorised attribution of therapeutic effects is a violation of food and drug regulations. | Website and text review. We will go through your e-shop and remove risky claims. |
Sales to minors: Fine and risk of losing the permit. For addictive substances, criminal prosecution. | Setting up verification systems. We will help set up the legal conditions and processes for age verification online and in-store. |
Incorrect record-keeping: Deficiencies in the mandatory reporting of substance movements to the register. | Training and directives. We will prepare internal guidelines for employees and a record-keeping system according to the law's requirements. |
The Status of CBD in 2026
CBD (cannabidiol) remains legal, but its regime depends on its form and THC content. Cosmetics with CBD are legal if the product is safe and notified in the CPNP portal. Foods and food supplements still require authorisation as a Novel Food.
If flowers of industrial hemp or liquids are offered for inhalation and contain up to 1% THC, they may fall under the regime of psychomodulatory substances. If your CBD product has a THC content higher than 1%, it is an addictive substance, and handling it without a special license is a criminal offence.
The Future of HHC and Other Substances
The law introduced the category of new psychoactive substances, which is a temporary regime for newly discovered synthetic or semi-synthetic substances. These substances can be temporarily banned for up to two years, during which a risk assessment is conducted, and they are subsequently either permanently banned or regulated.
However, HHC is already on the list of banned addictive substances, not in a temporary regime. Its reclassification back into the legal sphere is not being considered.
A Stabilised Market for Kratom
Since the amendment came into effect, kratom has been regulated as a psychomodulatory substance, ending the era of sales in vending machines without age verification. Sellers must be registered, pay the relevant fees, and sell goods only to adults in the prescribed packaging.
ARROWS law firm helps kratom sellers legalise their business under the new regime. If you have been selling kratom as a collector's item, this practice is now illegal, and the goods must be properly categorised.
The Most Common Mistakes in Practice
Confusing Psychomodulatory and Addictive
Entrepreneurs often hope that HHC will return, but HHC is a banned addictive substance, while psychomodulatory substances are specifically listed. Confusing these terms can lead to criminal prosecution.
Insufficient Age Verification on E-shops
Simply clicking a confirmation button in a browser window is no longer sufficient, as the law requires verifiable proof. You must implement technical solutions or use carriers with identity verification.
Selling Abroad Without Checking Legislation
Just because kratom or CBD is regulated in the Czech Republic does not mean it is legal in neighbouring countries. The export of psychomodulatory substances is subject to a notification duty, and it may be a criminal offence in the destination country.
Necessary Steps for Legal Compliance
Immediately remove banned substances from your offer and ensure that CBD products do not exceed the permitted THC limit. If you sell psychomodulatory substances, submit an application to the relevant authority, implement age verification on your e-shop, and ensure that the packaging is not attractive to children.
The lawyers at ARROWS law firm will guide you through the entire compliance process. Contact us at consultation@arws.cz, and we will agree on the next steps.
The International Element
If you do business internationally, remember that harmonisation in the EU in this area is not complete. Germany has partial legalisation of cannabis but strict rules for synthetic derivatives, while Slovakia has HHC on its list of banned substances.
Thanks to the ARROWS International network, we can also provide you with legal analysis for markets outside the Czech Republic.
Conclusion
The regulation of the market for psychoactive substances in the Czech Republic is now clearly defined, and the era of the grey zone is over. Doing business in this field requires professionalism, capital to meet regulatory requirements, and quality legal support.
Contact us at consultation@arws.cz – we will help you set up your business so you can earn money without fear of an early morning visit from the police or an inspection.
About the author
Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.