Czech Cannabis and CBD Law Changes from July 2025

Legislation on hemp and psychomodulatory substances in the Czech Republic is undergoing significant changes. As of 1 July 2025, a new Act on psychomodulatory substances comes into effect, regulating the sale and handling of substances such as HHC, kratom and other cannabinoids.

However, it is important to know that despite these changes, cultivating and possessing cannabis with a THC content above the limit set for industrial hemp (1%) remains illegal in the Czech Republic and is subject to criminal prosecution under the Criminal Code. The sale of psychomodulatory substances is subject to licensing, registration and strict sales rules, such as an 18+ age limit and a ban on sales via vending machines.

Penalties for breaching these rules can reach up to CZK 10 million. International trade in hemp products and psychomodulatory substances is complicated by differing national legislation across the EU, for example THC limits or Novel Food classification for CBD.

Failure to comply with international regulations may lead to seizure of goods and substantial fines. Attorneys from ARROWS, a Prague-based law firm, provide comprehensive legal advice, assistance in obtaining licences and permits, representation during inspections and defence against fines. This ensures that your business is fully compliant with current legislation.

Legislative changes for 2026: What has changed in the Czech Republic and what it means for your business

As of 1 January 2026, the Czech Republic entered a period in which the approach to certain hemp products and related substances is being significantly tightened and regulated. The key change is, in particular, the full effectiveness of the Act on psychomodulatory substances, which affects the market segment for CBD, HHC and other substances.

However, it is essential to realise that despite these changes, in 2026 the cultivation and possession of cannabis with psychoactive (high) THC content remains illegal and is subject to the Criminal Code. If you are addressing risks of criminal liability (e.g., in cultivation, possession or distribution), it may be useful to consult the appropriate approach within criminal law.

Cannabis with THC: Illegal status and criminal liability

Unlike the original government proposals that considered legalising cannabis cultivation for personal use, as of 1 January 2026 no legislation has been adopted that would allow the legal cultivation or possession, for personal purposes, of cannabis with a THC content above the limit for industrial hemp (i.e., above 1% THC in dry matter). Any such handling of cannabis falls under regulation of the Criminal Code. The limit for industrial hemp (1% THC) is set by the Ministry of Agriculture.

Anyone who unlawfully cultivates a cannabis plant with THC content above 1% commits a criminal offence. For cultivation on a small scale, the penalty may be imprisonment for up to one year, a fine, or forfeiture of the item. Cultivation on a larger scale or repeatedly may lead to imprisonment of up to five years. What constitutes a “small” versus “larger” scale is a matter of case law rather than fixed numerical thresholds.

Possession, production, import, export, transport, offering or brokering THC cannabis is also a criminal offence. For e-shops and distributors in practice, it is also useful to know how inspections assess whether a product falls under SÚKL, SZPI or ČOI, as summarised in the article How to tell whether your product falls under SÚKL, SZPI or ČOI. For possession of more than a small amount for personal use, the penalty may be imprisonment for up to one year, a fine, or forfeiture of the item.

In case law, “more than a small amount” for dried cannabis is usually interpreted as an amount exceeding approximately 10–15 grams. For other forms of handling, such as production or distribution, penalties are substantially higher, ranging from one year to ten years depending on the scale and circumstances. It is therefore crucial to understand that the line between legal and illegal is very sharp and must be fully respected.

Age limit and emphasis on protecting minors

Although cultivation and possession of cannabis with high THC content remains illegal for all age groups, protecting minors is also a priority in areas where handling of cannabis or psychomodulatory substances is regulated.

For psychomodulatory substances (HHC, kratom, etc.), the Act on psychomodulatory substances sets an age limit of 18 for sale and distribution. Any sale, offer or transfer of these substances to persons under 18 is strictly sanctioned.

For entrepreneurs, this means the need to implement robust age-verification systems in e-shops and brick-and-mortar stores and to thoroughly train staff. In cross-border sales (e.g., targeting customers in the EU), it is also worth verifying the rules of individual states within international law. Responsibility for complying with the age limit lies with the seller.

Commercial sector: Where the real legal labyrinth begins

If you want to genuinely do business with cannabis or derived products – whether in the form of CBD products, industrial hemp, or other psychomodulatory substances – you are entering a completely different legal world. Here it is not only about cultivation, but about complex regulation, determined primarily by Act No. 167/1998 Coll., on Addictive Substances (for industrial hemp) and, from July 2025, also by the new Act on Psychomodulatory Substances (PML).

Industrial hemp and CBD: THC content limits and regulation

In the Czech Republic, “industrial hemp” is defined as cannabis with a THC content not exceeding 1% of dry matter. This limit has applied since 2022 and is one of the most liberal in the European Union, opening up new opportunities for business with CBD products, CBD oils, cosmetics, and food supplements. These products must meet the relevant standards, for example as foods or cosmetics. The limit for industrial hemp (1% THC) is set by the Ministry of Agriculture.

You do not have to report the cultivation of industrial hemp on an area of up to 100 square metres. However, cultivation on an area larger than 100 m² already requires notification to the competent customs office under Section 29(3) of Act No. 167/1998 Coll., on Addictive Substances.

If you fail to do so, you face a fine of up to CZK 1 million (Section 41a of the Act on Addictive Substances). This is an important risk that must be taken into account.

Psychomodulatory substances: New regime from 1 July 2025

As of 1 July 2025, an entirely new legal regime for so-called psychomodulatory substances (PML) entered into force through Act No. 85/2024 Coll., on Psychomodulatory Substances. Under this act, substances such as HHC, kratom, and other defined cannabinoids became subject to special regulation.

If you want to sell products containing substances classified as psychomodulatory, you must have a licence from the Ministry of Health, which is issued upon application. In addition, it is necessary to keep detailed records of all sales and transactions.

It is also necessary to implement an age-verification system for purchasers (at least 18 years old) and comply with strict packaging requirements. Packaging must contain warnings, must not be misleadingly labelled, and must not encourage use.

Products must be properly labelled in accordance with the regulations, and you must not offer them via vending machines or via the internet without proper age verification (Section 8(1)(f) and Section 9(2) of the PML Act). Breaching these rules is not a minor misdemeanour.

Under the PML Act, we can speak of fines of up to CZK 10 million for legal entities and up to CZK 3 million for self-employed individuals operating without authorisation or for other serious offences.

HHC: Regulated, not broadly banned in 2026

In March 2024, the government temporarily banned HHC through Regulation No. 104/2024 Coll.. However, with the effectiveness of the Act on Psychomodulatory Substances from 1 July 2025, HHC is no longer a substance broadly banned as a narcotic, but is classified among regulated psychomodulatory substances.

For 2026, this means that the sale of HHC is legal, but only if all conditions of the PML Act are met, i.e., licensing, the age limit of 18, sales rules, and labelling. Possession of HHC for personal use is not a criminal offence, provided it does not involve unauthorised production, sale, or other handling with the aim of distribution, which would be subject to sanctions.

Companies that handle HHC without the necessary licences and do not comply with the rules of the PML Act risk significant fines. The attorneys at ARROWS can help you monitor these changes and adapt your business model in time so that it is always compliant with current legislation. Contact consultation@arws.cz.

Medical cannabis: Specific rules for the pharmaceutical sector

Medical cannabis has been legal in the Czech Republic since 2013 and is intended exclusively for medical purposes on the basis of a doctor’s prescription. If you want to enter the medical cannabis sector as a grower, distributor or manufacturer, you will face even stricter rules than for industrial hemp or psychomodulatory substances.

Only licensed entities may cultivate medical cannabis based on a decision of the State Institute for Drug Control (SÚKL). The licence is granted through a public procurement procedure and is limited to five years.

You must also obtain a special permit to handle narcotic substances from the Ministry of Health. You may not sell the cultivated cannabis yourself – you must sell it exclusively to SÚKL, which then distributes it to pharmacies. This centralised distribution is very strict and means a loss of control over the final sale.

Since April 2023, amended regulations have been in force, making it easier for doctors to prescribe medical cannabis. Doctors with the relevant specialisations, for example in neurology, oncology, palliative medicine or pain medicine (algesiolog y), can now prescribe medical cannabis. The maximum monthly limit has been increased to 180 grams.

General practitioners or paediatricians are usually not authorised to prescribe medical cannabis for a wide range of indications, but only in very limited, specific cases. For entrepreneurs, this means that the medical cannabis market is gradually opening up, but regulation remains strict and access is governed by pharmaceutical standards under GMP (Good Manufacturing Practices).

Table of key risks in commercial cannabis business

Export and import operations: Where the biggest surprises arise

One of the most common sources of legal problems in the cannabis business is underestimating legislative complexity in cross-border trade. A product that is fully legal in the Czech Republic may be illegal or heavily regulated in Germany, Poland or Slovakia. This often leads to very costly situations.

THC limits in individual countries

In the Czech Republic, cultivation of industrial hemp with a THC content of up to 1% is permitted. This is one of the most liberal thresholds in the EU. The limit for industrial hemp (1% THC) is set by the Ministry of Agriculture.

If you export Czech industrial hemp with 1% THC to Germany or Poland, you are violating their law. The shipment may be seized at the border and you may face a fine or criminal prosecution in the destination country. Many manufacturers are not aware of this and only find out when the customs authority stops their shipment, leading to financial losses and damage to business relationships. By comparison, Germany has a 0.3% limit, Slovakia 0.2%, and Poland 0.3%. The EU standard for cultivating hemp for fibre and seeds (subsidies) is 0.3% (source).

Novel Food and CBD foods

Another critical point is the regulation of CBD as so-called “novel food” (a new type of food) in the European Union. The European Commission classifies CBD obtained from hemp plants ( Cannabis sativa L.) as Novel Food if it was not demonstrably consumed in the EU to a significant extent before May 1997.

This means that CBD products intended for oral consumption (e.g., CBD gummies, chocolates, beverages, capsules) do not automatically have authorisation to be sold as foods. To be legal, they must go through a notification process with the European Commission.

This notification process is lengthy and costly, taking months to years. Without it, CBD foods cannot be legally sold across the European Union. In practice, this means that many e-shops selling CBD food products operate in a grey zone—formally illegal under Novel Food legislation.

If an inspection occurs (e.g., by the Czech Agriculture and Food Inspection Authority (SZPI)), you may face massive fines and withdrawal from the market. The attorneys at ARROWS can help you assess the legal status of your specific products and assist with the notification process if your strategy requires it. Write to consultation@arws.cz.

Certificates, tests, and documentation for export

If you want to export hemp products or psychomodulatory substances, you must have quality certificates from an accredited laboratory. These confirm the content of THC, CBD, and other cannabinoids, as well as the absence of contaminants (heavy metals, pesticides, mycotoxins).

These certificates often must be issued in accordance with ISO 17025. You also need a certificate of origin for the product and an export permit from the relevant authority in the Czech Republic, for example from the Ministry of Health for substances subject to the Addictive Substances Act or the PML Act, or from the Czech Customs Administration.

Documentation on product safety (MSDS, safety data sheets) is also essential. These documents are not just administration—they are legal evidence that your product meets the target standards. If they are missing or inaccurate, your sales position is not legally defensible.

Inspections by public authorities and the risks of how they are conducted

State supervision of the hemp and psychomodulatory substances sector is intensive. The Czech Agriculture and Food Inspection Authority (SZPI), the Czech Customs Administration, the Ministry of Health, regional public health authorities, and the Police of the Czech Republic regularly carry out inspections focused on compliance with legislation.

An inspection may focus on the content of THC, CBD, and other cannabinoids in products, which must be proven by a laboratory test. It also focuses on product labelling and packaging—whether all mandatory information is stated and whether there are any misleading claims.

The inspection also covers advertising and claims, i.e., whether medicinal claims are permitted and whether there is any promotion of drug abuse. Sales records are also checked—whether you keep a register of all transactions involving psychomodulatory substances, age verification and how you verify buyers’ age, especially for PML, and compliance with licensing conditions for PML.

If an inspection reveals deficiencies, the authority may issue corrective measures with a deadline for remediation. You may face fines in the tens of thousands up to millions of Czech crowns, for example from SZPI up to CZK 50 million, or from the Ministry of Health under the PML Act up to CZK 10 million.

The authority may also seize goods and order their destruction, order the closure of the business, or require the product to be withdrawn from the market. In serious cases, it may report the matter to the police for possible criminal prosecution.

This is not a hypothetical risk—the attorneys at ARROWS see clients who have been through this practically every month.

How to behave during an inspection

If inspectors arrive, you have specific rights and obligations. In general, you should provide all requested documentation without undue delay and cooperate to avoid confrontation.

It is important not to make any statements that could later incriminate you. Have contact details for a lawyer you can call immediately who will ensure representation for you.

If you are not sure whether you meet all requirements, it is advisable to contact a lawyer even before an inspection and have your business reviewed. The attorneys at ARROWS can also provide representation during an inspection and protect your rights. Contact consultation@arws.cz.

Risk table for public authority inspections

ARROWS as your strategic partner: What we specifically offer

Given this complex legislative reality, doing business in the cannabis and psychomodulatory substances sector is not something that can be safely handled through improvisation or “best practices” from other industries. The cannabis sector and the PML market have their own specific rules, limits, control mechanisms and risks that require expert legal guidance.

The attorneys at ARROWS advokátní kancelář actively work with cannabis- and psychomodulatory-substances-related legislation on a daily basis. They know how to navigate this legal labyrinth and, most importantly, they know where the hidden pitfalls are—pitfalls that other entrepreneurs often discover far too late.

Services we can provide for you

Legal advice and business structuring
If you want to enter the cannabis or PML market, you first need to know which business model is safe and legal for you. The attorneys at ARROWS will help you choose the right business model (cultivation of industrial hemp vs. CBD sales vs. PML sales).

They will also help identify all mandatory licences and permits, understand the tax and regulatory implications of your activities, and set up a safe procedural framework from day one.

Obtaining licences and permits
If you need a licence from the Ministry of Health (e.g., for the sale of PML), a licence from the State Institute for Drug Control (SÚKL) (medical cannabis) or other permits, the attorneys at ARROWS can prepare the supporting documentation and applications for you.

They will also handle communication with the authorities, resolve any questions or comments, and monitor deadlines and key dates.

Ongoing legal advice and compliance
Legislation in the cannabis and PML sector is evolving very dynamically in the Czech Republic. The attorneys at ARROWS will keep you informed about changes that may affect you and help you adapt your business safely and in a timely manner.

Representation during inspections and in case of issues
If a state inspection takes place or an issue arises with regulators, the attorneys at ARROWS will represent you. We will protect your rights and argue for the best possible outcome.

Defence against fines and sanctions
If an inspection authority has imposed a fine or is restricting your business, we will represent you in appeal proceedings and in court. Our experience shows that many fines and decisions are either unnecessarily high or legally incorrect.

Legal analysis of export and import
If you want to expand into foreign markets, the attorneys at ARROWS will conduct legal due diligence of the target country and ensure that your product complies with local legislation.

Why choose ARROWS

The attorneys at ARROWS advokátní kancelář are not just general practitioners—they are specialists in the cannabis sector and the psychomodulatory substances market who understand not only the statutory provisions but also commercial reality. We have experience managing matters ranging from small entrepreneurs to larger companies with international reach.

We are also insured for professional liability up to CZK 400,000,000, which means your interests are protected at the highest level. Thanks to the ARROWS International network, we can also handle matters with an international element—if your business has a partner in Germany, Slovakia or elsewhere in the EU, we can coordinate legal assistance there as well.

Final summary

Legislation related to cannabis and psychomodulatory substances in the Czech Republic changed as of 1 January 2026, in particular with the full effectiveness of the Act on Psychomodulatory Substances. On the one hand, the sale and distribution of selected cannabinoids and other substances is becoming a strictly regulated industry.

On the other hand, the cultivation and possession of cannabis with a high THC content remains illegal. If you want to do business safely in the cannabis and psychomodulatory substances sector, you must understand the difference between legal industrial hemp, regulated psychomodulatory substances, and illegal high-THC cannabis.

You need to know where the exact limits are, how the system of licences and permits works, and what you face if you breach these rules. These are not trivialities—you may face multi-million-crown fines, criminal prosecution, loss of a licence, and closure of your business.

The attorneys at ARROWS advokátní kancelář will help you navigate this environment safely and effectively. It is not a question of whether you can afford legal assistance—it is a question of whether you can afford not to ignore it. Contact us at consultation@arws.cz to arrange a consultation. In the cannabis and psychomodulatory substances sector, adequate legal partnership is the line between success and disaster.