PASSAGE OF A BAN ON OTHER PSYCHOACTIVE SUBSTANCES

On 12 June 2024, the Government approved a draft amendment to Government Regulation No. 463/2013 Coll., on the lists of addictive substances (the "Regulation"). This amendment stipulated the prohibition of seven new psychoactive substances, namely HHCP, HHC (HHC-C6), HHC-C8, HHCB (HHC-C4), THCH (THC-H6), THC-C8 and THCB (THC-C4).

The above-mentioned substances will be included in List No. 4 of the Psychotropic Substances and will thus be classified as addictive within the meaning of Act No. 167/1998 Coll., on addictive substances and on amendments to certain other acts. The classification of substances as addictive significantly restricts the handling of these substances and products containing them, including their sale, distribution and possession, except for limited research, scientific and specified therapeutic purposes as defined in the authorisation for handling addictive substances issued by the Ministry of Health.

The amendment also extends the note to List No. 4 of the Psychotropic Substances List to include esters of psychotropic substances listed in the Psychotropic Substances List in all cases where they may exist. According to the Minister of Health, this extension responds to the dangerous acetate forms of these substances, where, especially in the case of 'vaping', dangerous substances can be produced which seriously endanger the health of users.

This amendment to the Regulation must now be approved by the European Commission as part of the notification process, as the amendment will have an impact on the European Union's internal market. The Minister of Health expects that the amendment to the Regulation should be approved by August 21, 2024. Once approved by the European Commission, the amendment to the Regulation should come into force.

The Government is linking the effective date of the amendment to the Regulation to the effectiveness of the Act on Psychomodulatory substances currently being approved (for more information on this Act, please see our previous article HERE). As the Government expects this Act to be approved and to come into force on January 1,2025, the ban on the above substances should be in force by the end of this year. However, it is still uncertain whether or when the Act on Psychomodulatory substances will be finally approved, and therefore it should be assumed that this ban will last until the Act on Psychomodulatory substances comes into force.

Once the amended Regulation comes into force and effect, it will not be legal to sell, distribute or purchase and possess these substances and products containing them for personal use. Businesses and consumers should therefore get rid of and dispose of these substances and goods containing them or they may expose themselves to misdemeanour and criminal liability.

If you have any questions in relation to 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.