THC and CBD Products in the Czech Republic and EU

What THC and CBD are and how the EU and the Czech Republic regulate them

When THC and CBD are mentioned, many business owners assume they are essentially the same—but the legal reality is far more complex. THC (tetrahydrocannabinol) is a psychoactive substance listed as a narcotic drug. CBD (cannabidiol) has no psychoactive effects and is not listed in the UN drug conventions. In the EU, however, in the food sector it is classified as so-called Novel Food, which significantly complicates its sale.

In the Czech Republic, the key threshold is 1% THC for industrial hemp plants under the Act on Addictive Substances, which is important for growers. However, note that this limit primarily applies to cultivation and industrial processing of the plant. For a finished product intended for consumption, the limits set by Commission Regulation (EU) 2022/1393 apply. This regulation sets maximum Delta-9-THC levels, for example for hemp seeds or oil, in the range of milligrams per kilogram.

For products such as CBD oils or confectionery, the situation is even more complex due to Novel Food status. Here, selling without authorisation by the European Commission is unlawful. Over the past decade, the European Union has been harmonising its approach, but differences between countries still persist.

While Switzerland has a 1% THC limit, some EU countries tolerate only 0.2% or 0.3% in the plant, and for foods they require zero detectability. This means that what is legal in the Czech Republic may not be legal in Germany or Poland. The attorneys at ARROWS advokátní kancelář caution that cross-border trade requires a thorough legal analysis of the target market.

Legal classification of products containing THC and CBD

This is a fundamental issue that the attorneys at ARROWS advokátní kancelář encounter daily: product classification. Whether a product is a food, a cosmetic, or a medicinal product determines which rules you must comply with under Czech and EU law.

Under EU regulations, CBD is considered Novel Food, which means that without approval by the European Commission, such a product must not be placed on the EU market as a food. The Czech Republic enforces this regulation, and selling unauthorised CBD food supplements may result in substantial fines and withdrawal from the market.

Naturally derived CBD is permitted in cosmetics provided it does not contain prohibited substances. The product must have a Cosmetic Product Safety Report (CPSR) and must be notified in the CPNP portal. Note that cosmetics must not be presented for internal use and must not contain THC above detectable limits that could pose a health risk.

As soon as you attribute therapeutic effects to a product, it becomes a medicinal product from a legal perspective and is subject to registration with the State Institute for Drug Control (SÚKL) in the Czech Republic. Selling an unregistered medicinal product is unlawful and subject to sanctions. Many sellers try to circumvent the rules by labelling goods as a “collector’s item”, which is a highly risky approach from a legal standpoint.

Supervisory authorities assess a product based on its actual nature and the way it is marketed and sold. If a “collector’s item” looks like a sweet and is sold among foods, it will be assessed as a food. This ambiguity in classification is precisely what makes the situation dangerous for businesses.

The attorneys at ARROWS advokátní kancelář help clients set product categorisation correctly to avoid these pitfalls. One wrong step in marketing and you may end up facing a fine.

Czech and European legislation and potential sanctions

In the Czech Republic, THC and CBD business activities are primarily governed by specific legal regulations. The Act on Food and Tobacco Products allows SZPI to impose a fine of up to CZK 50,000,000 if you sell food that is unsafe or constitutes unauthorised Novel Food.

The Act on Addictive Substances sets a 1% THC limit for industrial hemp, and exceeding it may constitute an administrative offence or a criminal offence. Another key regulation is the Czech Criminal Code, specifically the provisions on the illegal production and handling of narcotic substances.

Anyone who unlawfully produces, imports, or sells a narcotic substance faces imprisonment of 1 to 5 years under the basic penalty range. For larger-scale conduct or organised groups, penalties are significantly higher. Confiscation of assets and goods is a standard part of the punishment.

The Novel Food Regulation is key for CBD in foods, because without authorisation the sale is illegal. The Consumer Protection Act then targets unfair commercial practices and misleading product claims. The attorneys from ARROWS, a Prague-based law firm, understand the complex interaction of these rules and routinely handle client defence.

Table of practical risks for THC/CBD entrepreneurs

How to properly structure a business with THC/CBD products

If you want to operate in the THC/CBD sector and minimise legal risks, you need to follow several basic steps.

Before placing a product on the market, obtain independent laboratory analyses from an accredited laboratory demonstrating compliance with the legislation of the relevant country. The results must show not only the CBD content, but above all that the THC content (including its precursors) is within the limit. For foods, limits in mg/kg must be monitored.

Do not rely on intuition and consult experts on whether your product will be placed on the market as a cosmetic, a collector’s item, or whether you meet the conditions for industrial hemp. Classification determines the regulatory regime, and each category has its specifics.

For cosmetics, notification in the CPNP portal is required before placing on the market, while for food supplements the Ministry of Agriculture is notified. For medicinal products, the registration process with SÚKL (the Czech State Institute for Drug Control) is very demanding. Labelling must be in Czech and comply with EU regulations, including technical documentation.

Have robust supplier contracts that shift responsibility for product composition and THC content to the manufacturer or supplier. Consider professional indemnity and product liability insurance, although arranging coverage for cannabis products may be more difficult.

The attorneys from ARROWS, a Prague-based law firm, handle these processes comprehensively and know how to set business terms and prepare a company for an inspection in the Czech Republic.

Inspections and supervision in practice

The Czech market is under supervision, and the State Agricultural and Food Inspection Authority (SZPI) carries out regular inspections focused on CBD oils, gummies and flowers. They focus on THC content, unauthorised ingredients and misleading claims. The Czech Customs Administration checks shipments from abroad and cooperates with the police where there is suspicion of importing narcotic substances.

An inspection typically begins with a test purchase; the inspector then sends a sample to a laboratory, and if non-compliance is found, administrative proceedings are initiated. The outcome may be a ban on placing the product on the market, an order to withdraw it from the market, and a fine.

The attorneys from ARROWS, a Prague-based law firm, represent clients in these proceedings, file objections to inspection reports and appeals against fine decisions. If you have a legal opinion and strong documentation in hand, your position in defence is significantly stronger.

How to avoid mistakes

1. Do not rely on the “grey zone” of collector’s items, because the authorities are familiar with this approach and will regulate the product according to its true nature.
2. Do not underestimate the 1% THC limit, because this plant limit does not mean that an extract or food with 1% THC is lawful.
3. Keep your paperwork in order, including laboratory analyses for each batch, properly maintained inventory records, and supplier contracts.
4. In 2026, monitor the current regulation of psychomodulatory substances to determine whether your product falls into a new category with mandatory registration in the Czech Republic.
5. Seek specialists, because a general lawyer may not know the nuances of the Novel Food Regulation or the THC measurement methodology, which ARROWS, a Prague-based law firm, specialises in.

Risks of cross-border trade in the EU

Germany is a very strict market with an emphasis on compliance with food limits and narcotics legislation. Poland has a 0.3% limit for industrial hemp, so exporting Czech “1%” hemp there may be a criminal offence. Slovakia removed CBD from the list of psychotropic substances only recently, but inspections there are still frequent.

The attorneys from ARROWS, a Prague-based law firm, use a network of foreign partners to verify local regulations, which is essential for exports.

Conclusion of the article

THC and CBD in business represent a dynamic but highly high-risk sector. The difference between a successful e-shop and a police raid may come down to hundredths of a percent of active substance content or a poorly chosen word on the packaging. In 2026, the legal framework in the Czech Republic remains complex, and public authorities do not excuse ignorance.

The attorneys at ARROWS, a Prague-based law firm, will help you set up your business to comply with Czech law, protect you during inspections, and help minimise the impact of any potential disputes.

If you are not sure whether your product is legal, or if you are facing an inspection, contact us at consultation@arws.cz.

Read also:

• HHC and CBD Product Labelling Rules in the Czech Republic
• Permission to distribute medicines and supplements in Czechia and the European Union: Practical guide
• Customs Detention and ČOI Labelling Notices: How to Defend Your Import