Licensing for CBD and HHC
How to avoid unnecessary trouble
Authorisation to handle substances is required for psychomodulatory substances, currently kratom and kratom extract, not for CBD. HHC is an addictive substance and its sale is prohibited; for CBD, classification depends on the composition, intended use and how the product is presented. This article explains which regime your product falls under, when you need authorisation from the Ministry of Health, how much it costs and which risks to avoid.
Key takeaways
- Three categories of substances – The Addictive Substances Act in the Czech Republic distinguishes between addictive substances (prohibition, criminal liability), psychomodulatory substances (authorisation from the Ministry of Health, specialised sale, advertising ban) and listed psychoactive substances (handling prohibited except for research with authorisation; the risk is assessed for a maximum of 2 years).
- HHC is a prohibited addictive substance – Since 3 April 2026, it has been listed in Annex 4 to Government Regulation No. 463/2013 Coll. Its sale and production are criminal offences; it is not a psychomodulatory substance. THCP and a number of other derivatives (HHCP, HHCH, HHC-C8, HHCB, THCH, THC-C8, THCB) are listed psychoactive substances: they may only be handled for research with authorisation, otherwise a fine may be imposed.
- CBD and “Novel Food” – CBD does not require authorisation to handle. Hemp extract and tincture with no more than 1% THC for industrial, food, cosmetic, technical or horticultural purposes are not psychomodulatory substances. As a food, CBD is subject to the Novel Food regime. A product with THC above 1% is an addictive substance.
- Psychomodulatory substances require authorisation – Currently, these are kratom and kratom extract. Their sale requires authorisation from the Ministry of Health, a specialised shop or specialised e-shop, age verification and compliance with packaging rules; advertising is prohibited.
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Origin of the New Rules and Reason for Regulation
The stricter rules were introduced mainly to protect children and young people from new psychoactive substances. 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 listed psychoactive substances.
What Happened to HHC
From 6 March 2024, HHC (hexahydrocannabinol) was listed in Annex 4 to Government Regulation No. 463/2013 Coll. After the Act on Psychomodulatory Substances was adopted, it was classified as a listed psychoactive substance from 17 January 2025. Since 3 April 2026, it has again been listed in Annex 4, and it has also been removed from Government Regulation No. 11/2025 Coll. Handling HHC is prohibited under both regimes. The difference lies in the consequences: an addictive substance carries criminal liability, while a listed psychoactive substance carries an administrative fine.
This means that HHC cannot be legally sold or stored.
Selling, producing or importing HHC may lead to criminal liability under Section 283 of the Criminal Code. A consumer who holds more than a small quantity is liable under Section 284. Aggravating factors (in particular the scale, the manner of commission and the profit gained) determine whether the basic penalty range or the stricter subsections apply. The table shows the penalties under Section 283. In the case of cannabis or a preparation containing a substance obtained from cannabis, Section 283a may apply (basic penalty of up to one year's imprisonment). Which offence applies depends on the specific product and conduct.
Provision of the Criminal Code | Penalty (imprisonment) |
Section 283(1) – illicit production and other handling of narcotic and psychotropic substances | 1 to 5 years |
Section 283(2) | 2 to 10 years |
Section 283(3) | 5 to 12 years |
Section 283(4) | 8 to 18 years |
Section 283(5) | preparation is punishable |
Section 284 – possession for personal use (subsections 1 / 2 / 3) | up to 2 years / 6 months to 5 years / 2 to 8 years |
Stocks of HHC cannot be traded or "sold off". We recommend consulting a lawyer and the competent authorities in advance about how to dispose of them. We cannot recommend simply throwing them away or handing them over without first checking the correct procedure.
The company itself may also be liable for the conduct of its employees, as we explain in our article on corporate criminal liability for the conduct of employees.
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 oversees whether CBD oils or sweets are being sold as food without this authorisation. The lawyers at ARROWS law firm 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 Government Regulation No. 456/2025 Coll. came into effect (12 November 2025), the following obligations apply to sellers of kratom and kratom extract.
Which Substances Fall into This Category
The list of psychomodulatory substances is determined by government regulation. Government Regulation No. 456/2025 Coll., effective from 12 November 2025, classifies only kratom (Mitragyna speciosa) and kratom extract as psychomodulatory substances.
Cannabis and CBD: the law expressly exempts from the handling of psychomodulatory substances technical cannabis and cannabis extract and tincture containing no more than 1% THC for industrial, food, cosmetic, technical or horticultural purposes. Classifying cannabis substances as psychomodulatory would require an amendment to the government regulation.
Listed psychoactive substances (Government Regulation No. 11/2025 Coll., as amended with effect from 25 June 2026) include, among others, HHCP, HHCH, HHC-C8, HHCB, THCP, THCH, THC-C8, THCB, 10-OH-HHC, 10-OH-THC, HHC-C9 and 2-Cl-HHC, including their salts, esters and stereoisomers. HHC itself is no longer in the regulation, as it is now an addictive substance. For THCP, THCH and THCB, there is an exemption for naturally occurring traces in technical cannabis, which does not apply to food.
Specialised Shops and Age Restrictions
Psychomodulatory substances may only be sold in a specialised shop or through a specialised distance sales channel. Sales to persons under 18 years of age are prohibited, sales from vending machines are prohibited, and the shop must not be located in a food business or other premises listed by law. The offer of individual types of substances must be kept separate from one another. The point of sale must display the text "The sale of psychomodulatory substances to persons under 18 is prohibited." and the shop entrance the text "Entry to persons under 18 is prohibited." The seller must be over 18 years of age.
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
The permit to handle psychomodulatory substances is issued by the Ministry of Health for an indefinite period. It is non-transferable and may only be granted to a legal entity or a self-employed natural person. Each activity is permitted separately (research, production, import and distribution, sale in a shop, distance selling, storage and transport for another party, cultivation). The application must be accompanied by proof of business authorisation, the consent of the owner of the premises, proof of payment of the administrative fee and proof of a clean criminal record. For distance selling, the application must include the e-shop address and a description of the age verification system. A distance selling permit may only be granted to the holder of a permit for sale in a shop. Without proof of payment of the fee, the proceedings will not be initiated.
Handling without a permit is a misdemeanour punishable by a fine of up to CZK 10,000,000. The Ministry will revoke the permit if the holder is finally convicted of a related criminal offence or fails to pay the maintenance fee; it may also revoke it if the application contained false or incomplete information or after a final fine for breaching the law. Following revocation, a new permit may be obtained no earlier than after 2 years.
Separate rules also apply to storage; they are summarised in the article what conditions the storage of regulated substances must meet.
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.
How Much Does a Permit Cost
An application for a permit to handle psychomodulatory substances is subject to an administrative fee, the amount of which varies by activity. For each permit for the activities listed in the table, a maintenance fee of the same amount is also payable every year, no later than 31 January. No fee is charged for a research permit. Without proof of payment of the administrative fee, the proceedings on the application will not be initiated, and failure to pay the maintenance fee is a ground for revoking the permit.
Activity | Administrative fee | Annual maintenance fee |
Production, import and distribution | CZK 200,000 | CZK 200,000 |
Production at an establishment (per establishment) | CZK 200,000 | CZK 200,000 |
Sale in a shop (per establishment) | CZK 20,000 | CZK 20,000 |
Distance selling (per website or application) | CZK 200,000 | CZK 200,000 |
Storage and transport for another party | CZK 20,000 | CZK 20,000 |
Cultivation of plants and fungi (per establishment) | CZK 200,000 | CZK 200,000 |
Research | no fee | no fee |
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
Psychomodulatory substances may only be placed on the market in unit packaging that protects the contents and prevents them from being mistaken for something else. The Act prohibits substances that look like sweets, chocolate, biscuits or other food, or that resemble a toy or a product intended for children, as well as substances with misleading labelling. The packaging must bear the information listed in the Act (including the text “Psychomodulatory substance”, the name and subtype, the quantity of the substance and of the active substances, the manufacturer, the country of origin, the batch, the best-before date, information on effects and risks, dosage, and safety and health warnings) and must not encourage risky use. It is also prohibited to offer free or other benefits in the form of goods or services in connection with the sale of psychomodulatory substances and, conversely, to offer free or other benefits in the form of psychomodulatory substances in connection with the sale of other goods or services.
If old packaging looks like sweets, food or a toy, it cannot be used for psychomodulatory substances. We discuss in detail what must not appear on the packaging of HHC and CBD products, including examples of misleading information.
Marketing and Advertising
Advertising psychomodulatory substances is prohibited, as is sponsorship of them. The ban also applies to advertising on the internet, in periodicals and on leaflets. The only exception is the interior of a shop specialising in psychomodulatory substances. The Act contains no exception for “professional publications”.
The general rules for working with influencers are summarised in the article when cooperation with influencers constitutes advertising and what its tax implications are; for psychomodulatory substances, however, the advertising ban applies without exception.
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
Distance selling is permitted only through an e-shop or app dedicated exclusively to psychomodulatory substances and related goods, and only by a person who also operates a shop selling psychomodulatory substances. The seller must use a qualified system under the Electronic Identification Act that verifies, at the moment of sale, that the buyer is not under 18. The goods must be delivered to the buyer in person: the buyer's identity is checked against a valid identity document while the buyer is physically present, the buyer signs by hand, and the seller (or the carrier) keeps a record of the handover. The goods may be handed over only to the buyer. The only exception is a recipient who is over 18 and holds the order identification number; identity verification, signature and the handover record apply to that recipient in the same way as to the buyer. Handover without physical presence, for example via a parcel locker, is prohibited. Before the sale, the ban on sales to persons under 18 must be clearly displayed, and the seller's identification must be given with the offer. The buyer's personal data may not be used for any other purpose.
If an e-shop cannot ensure age verification upon delivery to the recipient in person, it is not allowed to sell psychomodulatory substances.
We describe the line between an administrative offence and a criminal offence in online sales in our article on when selling psychoactive substances online becomes a criminal matter.
Cross-border distance selling of psychomodulatory substances is prohibited. Exporting psychomodulatory substances from the Czech Republic is prohibited, except for small quantities carried by a natural person for personal use.
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How to Set Up Online Sales of Kratom
Product range audit. Separate products that are psychomodulatory substances (kratom, kratom extract) from everything else. Other goods may not be offered in the same listing; the e-shop must be dedicated exclusively to psychomodulatory substances and related goods.
Permit. Apply to the Ministry of Health for a permit to sell in a shop and a permit for distance selling. In the application, state the e-shop address and describe the age verification system. Only the holder of a permit to sell in a shop can obtain a distance selling permit.
Age verification. Use a qualified system under the Electronic Identification Act that verifies, at the moment of sale, that the buyer is not under 18. Before the sale, clearly display the ban on sales to persons under 18 and the seller's identification.
Carrier. The goods are delivered to the buyer in person: the buyer must be physically present, their identity must be checked against a valid identity document, and they must sign by hand. Handover via a parcel locker or without the carrier's courier being present is prohibited. The carrier must be over 18. The goods may also be handed over to a recipient over 18 who presents the order identification number; identity verification, signature and the record then apply to that recipient.
Handover records. For each shipment, record the place, date and exact time of handover, the buyer's name and identity document number, the buyer's signature, and the name and signature of the person who handed over the goods. If a carrier makes the handover, it must send you this information immediately afterwards.
Pre-purchase information. Before the purchase is completed, show the consumer the information from the packaging (the text "Psychomodulatory substance", name, subtype, active substances, quantity, manufacturer, country of origin, effects and risks, dosage, warnings).
Ban on advertising and cross-border sales. The e-shop must not contain advertising or sponsorship and must not sell abroad.
Records and reporting. Keep records and submit an annual report to the Ministry of Health by the end of February.
Risks and Sanctions | How ARROWS can help (consultation@arws.cz) |
Sales without a permit: fine of up to CZK 10,000,000; the psychomodulatory substances are confiscated. | Representation in licensing proceedings. We will prepare the application, secure the necessary documents, and communicate with the ministry for smooth permit proceedings. |
Non-compliant labelling and packaging: fine of up to CZK 500,000 for each of these violations: mandatory labelling, packaging requirements, and the prohibitions under Section 33f. | 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: violation of the Act on Protection of Health against the Harmful Effects of Addictive Substances; the permit may be revoked after a final fine. 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 and reporting: fine of up to CZK 500,000. | Training and directives. We will prepare internal guidelines for employees and a record-keeping system according to the law's requirements. |
Export and import: fine of up to CZK 1,000,000 for exporting psychomodulatory substances; up to CZK 500,000 for importing without a permit. | Control of trade flows. We will set up internal rules for import and export. |
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.
Under the current government regulation, flowers of industrial hemp and liquids with CBD containing up to 1% THC are not psychomodulatory substances (only kratom and kratom extract are). Cannabis and substances obtained by processing cannabis with a THC content above 1% are addictive substances; handling them without a handling permit is unlawful and may be a criminal offence. We explain the difference between the limit for the plant and the requirements for the finished product in the article which THC limits apply to the plant and which to the finished product.
The Future of HHC and Other Substances
The law introduced the category of listed psychoactive substances. They may be handled only for research purposes and with a permit.
The current list is set out in Government Regulation No. 11/2025 Coll. (as amended with effect from 25 June 2026). It includes, among others, HHCP, HHCH, HHC-C8, HHCB, THCP, THCH, THC-C8, THCB, 10-OH-HHC, 10-OH-THC, HHC-C9 and 2-Cl-HHC, including their salts, esters and stereoisomers, as well as plants of the genus Mitragyna (with the exception of Mitragyna speciosa) and the substances MGM-15 and MGM-16.
Within two years of a substance being listed, the Ministry of Health, in cooperation with the National Institute of Public Health and the Office of the Government, carries out a risk assessment (assessing, among other things, pharmacology, dependence potential, health and social harms, the occurrence of intoxications and recommendations of international institutions). It then proposes to the government that the substance be classified as a psychomodulatory or addictive substance, retained on the list, or removed. The assessment may be repeated. If the substance is included in the Union list of authorised novel foods, its removal from the lists will be proposed.
HHC is an addictive substance and is not covered by the listed psychoactive substances regime.
A Stabilised Market for Kratom
Kratom and kratom extract have been psychomodulatory substances since 12 November 2025. Sales in vending machines are prohibited. Sellers must hold a handling permit from the Ministry of Health, pay administrative and maintenance fees, keep records and submit an annual report on the status and movement of stocks by the end of February. They may sell only to adults and in the packaging prescribed by law.
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.
Upcoming amendment (Lex Kratom). On 14 September 2026, the government approved a draft amendment, which is heading to Parliament and is not yet in force. According to a press release from the Ministry of Finance and the Ministry of Health, it is intended, among other things, to raise the age limit for purchasing psychomodulatory substances from 18 to 21, prohibit their distance selling, tighten requirements for shops, composition and labelling, increase administrative and maintenance fees, introduce an excise tax on kratom and prohibit the processing of CBD and THCA into other chemical substances, except for therapeutic and scientific purposes. We have not verified the wording of the draft, the parliamentary print number or the effective date; the rules described in this article apply until the amendment is adopted, if at all.
Source: Ministry of Finance press release of 14 September 2026
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 from the Czech Republic is prohibited (exception: a natural person carrying a small quantity for personal use). Cross-border distance selling is also prohibited. If the customs office detains a shipment, follow the article what to do when the customs office detains your shipment.
Necessary Steps for Legal Compliance
Immediately remove banned substances (HHC and listed psychoactive substances) from your offer and verify that CBD products do not exceed 1% THC. If you sell kratom, apply to the Ministry of Health for a permit for your shop (and, where applicable, for distance selling), set up a qualified age verification system and delivery into the recipient's own hands, adjust the packaging in accordance with Sections 33e and 33f, remove all advertising outside the shop interior, and keep records.
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. The specific rules differ from country to country and keep changing; verify them with local lawyers before entering a foreign market.
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 considerably clearer than before, but it continues to evolve; the forthcoming amendment needs to be monitored. 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.