Czech Rules for HHC, CBD and Kratom E-Commerce

Legislative revolution: What changed at the beginning of 2025

As of 1 January 2025, an amendment to the Czech Act on Addictive Substances has been in effect, introducing a systemic solution: the category of psychomodulatory substances (PML). These are substances with psychoactive effects that the state has decided to regulate as strictly as alcohol or tobacco. However, the law does not automatically legalise everything; a specific substance must be expressly included in the PML list by a Government Regulation.

The main idea of the law is a regulated market in the Czech Republic, where substances may be sold only to adults in specialised shops. For entrepreneurs, this means the end of the “grey zone” and the start of strict administrative requirements. For a practical overview of licensing, product classification and compliance setup for online sales, see Commercial Use Of Cannabis.

Related legislative questions

1. Is HHC now legal in the Czech Republic?
It depends on the current wording of the Government Regulation on the list of addictive substances and the list of psychomodulatory substances. If HHC is still listed as a prohibited addictive substance, its sale is a criminal offence in the Czech Republic. For it to be legal under the PML regime, the government must issue a regulation reclassifying it.

2. What is the difference between psychomodulatory substances and new psychoactive substances?
Psychomodulatory substances (PML) are those that the state has permitted for regulated sale (e.g. kratom). New psychoactive substances are a category of substances undergoing risk assessment, and their sale is suspended until a decision is made.

3. What happens if I sell a substance from the list of prohibited substances without authorisation?
This is the criminal offence of “unauthorised production and other handling of narcotic and psychotropic substances and poisons” under Section 283 of the Czech Criminal Code. You may face imprisonment, forfeiture of property, and substantial financial penalties. If a case escalates into criminal proceedings, the relevant procedural and defence aspects are addressed under Criminal Law.

What is the current status of HHC, kratom, and other substances?

The situation in 2026 requires precise orientation in implementing regulations in the Czech Republic. The statutory framework for psychomodulatory substances already exists, but the key is which list the given substance appears on.

With kratom, there has been political consensus in the Czech Republic to regulate it as a psychomodulatory substance. This means that its sale is possible only if statutory conditions are met, such as authorisation, age verification, and proper packaging. For semi-synthetic cannabinoids, the situation is more complex and depends on the government’s current decision on their classification.

At this point, it is essential not to rely on general articles on the internet, but to verify the status of the specific substance in the current wording of the relevant Government Regulation. For a related compliance perspective in regulated consumer products, compare the approach described in Dietary Supplements vs Medicinal Products in Czech Law: Key Compliance Steps. The legal team at ARROWS advokátní kancelář monitors these changes and can provide you with a binding legal opinion.

What you risk if you are not prepared for the legislation

Authorisation to handle regulated substances: You cannot do without it

To sell psychomodulatory substances in the Czech Republic, you must obtain a special authorisation. This is not a simple trade licence, but a regime similar to a concession or an authorisation to handle medicinal products.

The fee obligation is set high to deter non-serious sellers. Under the Czech Act on Administrative Fees, the fee for accepting an application for an authorisation to handle psychomodulatory substances is in the hundreds of thousands of Czech crowns. Specifically, these are high amounts for an authorisation for a specialised shop as well as for an e-shop.

The application is administratively demanding and you must submit a number of documents. The authorisation is issued for a fixed period and is non-transferable.

Age verification: Not only for alcohol and tobacco

The Act on Psychomodulatory Substances requires verifiable age verification of the buyer. A simple click-through “I am 18 years old” is not sufficient; the seller must use a reliable identity verification system.

In an e-shop environment, in practice in 2026 this means the need to implement:

• Bank identity (BankID).
• Document verification services (e.g., Adulto).
• MojeID with a high level of assurance.

The Act requires age verification before the contract is concluded and subsequently also upon delivery of the goods. Carriers must be instructed to hand over shipments containing psychomodulatory substances only directly to the adult addressee, after checking an identity document.

Record-keeping and advertising ban

Businesses holding a PML permit are subject to strict oversight in the Czech Republic. You must keep records of the purchase, storage, and sale of these substances. These records must be retained and, upon request, presented to the supervisory authorities.

In addition, a broad advertising ban applies: psychomodulatory substances cannot be promoted in the usual way. Only restrained presentation at the point of sale or on the e-shop is permitted, and it must not target children. Packaging must be free of graphic elements attractive to children and must contain mandatory warnings.

CBD products containing THC: Watch the limits

While pure CBD (isolate) is not a psychomodulatory substance, the situation is more complex for full-spectrum oils. The Czech Act on Addictive Substances sets a THC content limit in the industrial hemp plant at 1%.

This limit applies to cultivation of plants and industrial processing. For final products intended for consumption, THC tolerance is zero or extremely low under EU contaminants regulations.

If you sell a product that contains THC and has psychoactive potential, the authorities may classify it as a psychomodulatory substance, a narcotic substance, or an unauthorised novel food.

Many e-shops mistakenly rely on the idea that “up to 1% THC is legal.” The one-percent limit applies to the plant in the field, not automatically to the legality of selling joints or extracts for consumer consumption. A thorough legal analysis of the specific product is required here.

Pan-European situation: Not all countries are the same

Rules for HHC, kratom, and CBD are not harmonised across the EU. What is legal in the Czech Republic may be considered a hard drug in a neighbouring country. For example, Slovakia and Poland take a very strict approach to cannabis derivatives.

The Czech Act on Psychomodulatory Substances does not allow unrestricted cross-border distance selling to consumers in other Member States. An e-shop should technically block orders from countries where the substance is illegal and, in general, avoid cross-border B2C sales.

Inspections: When, how, and by whom?

Prepare for coordinated inspections by the State Agricultural and Food Inspection Authority (SZPI), public health authorities, the Czech Trade Inspection Authority (ČOI), the police, and the Czech Customs Administration.

Inspectors often carry out test purchases, including online orders, and then analyse the goods in laboratories. If the content does not match the declaration or exceeds limits, sanctions follow.

Preparing for an inspection

Have laboratory analyses ready for each batch of goods, documents proving the origin of the goods, and the relevant handling permits. You must also demonstrate a functioning age-verification system and properly drafted terms and conditions.

The attorneys at ARROWS, a Prague-based law firm, can assist you with representation during inspections, preparation for them, and subsequent defence against imposed fines. The attorneys at ARROWS, a Prague-based law firm, can assist you with representation during inspections, preparation for them, and subsequent defence against imposed fines.

Practical guides: How to set up an e-shop correctly

The first step is a product audit and legal analysis of your assortment. Next comes obtaining the permit and paying the administrative fee if you sell psychomodulatory substances.

The third step is adjusting the e-shop, implementing an age-verification gateway, and removing prohibited advertising. It is also necessary to contractually ensure that the carrier verifies adulthood upon delivery and to update the legal documentation. The attorneys at ARROWS, a Prague-based law firm, can manage this process for you and ensure compliance with legislation applicable in 2026 in the Czech Republic.

Conclusion

Legislation concerning cannabis products and their derivatives in the Czech Republic has undergone a fundamental transformation. The shift from an unregulated market to strict rules places high demands on entrepreneurs.

The attorneys at ARROWS, a Prague-based law firm, deal with this area on a daily basis. We represent clients in administrative proceedings, assist with registrations, and set up compliance for e-shops. If you do not want to take risks, contact us at consultation@arws.cz. Prevention is always cheaper than dealing with the consequences of an inspection.

Read also:

• Legal Pitfalls for Czech E-Shops Selling Abroad: VAT, GDPR and T&Cs
• Dietary Supplements vs Medicinal Products in Czech Law: Key Compliance Steps
• Food Supplements vs Medicinal Products: Avoiding Reclassification in Czechia
• Responsibility for the effects of dietary supplements What must be included in your leaflets and warnings
• Customs Detention and ČOI Labelling Notices: How to Defend Your Import