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PSYCHOMODULATORY ACT SIGNED BY THE PRESIDENT OF THE REPUBLIC

As we have informed you in several previous articles, this legislation newly regulates the handling of psychomodulatory substances, as substances with psychoactive effects that do not pose a serious risk to public health or a risk of serious social impact on individuals and society, and of so-called psychoactive substances, as substances for which, in the light of current scientific knowledge, serious health and social risks, cannot be ruled out, whose effects on the human body have yet to be investigated and whose use will therefore be significantly restricted.

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The law responds to a long period of non-regulation, when there was no legislation on psychomodulatory substances, when such substances were in a 'grey area' or outright banned (see the ban on HHC, etc.). The absence of rules on their production, distribution and use has led to confusion over their control and the possibility of abuse. This legislative gap allowed the free movement of these substances without clearly defined conditions for their safe use, posing a risk to public health. The new law therefore represents a major step forward in bringing in the necessary regulation and creating a framework for the responsible handling of these substances.

However, it is still unclear what substances will be included among the psychomodulatory substances or psychoactive substances. No such substances have yet been publicly mentioned by the government or the Ministry of Health, but kratom, HHC or CBD have been mentioned. With the law now passed and due to come into force in the new year, it is more than timely that draft government regulations to include substances on the list of psychomodulatory and psychoactive substances are published as soon as possible, so that businesses operating in this field, as well as users of such substances, can prepare for the new regulation.

If you have any questions regarding the legal regulation of cannabinoids or cannabis law, please do not hesitate to contact us. We would be happy to learn more about your case and provide you with appropriate legal assistance. 

About the author

Mgr. Dita Zbožínková, LL.M.
Mgr. Dita Zbožínková, LL.M.

Associate

Dita Zbožínková is an attorney at ARROWS, specializing primarily in healthcare law. She provides comprehensive legal support to her clients—primarily doctors, healthcare facilities, and outpatient providers—in all phases of their activities.

Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2024. 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 400,000,000. 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.