PSYCHOMODULATORY ACT SIGNED BY THE PRESIDENT OF THE REPUBLIC
On 17 October 2024, the President of the Republic signed the Psychomodulatory Substances Act, which substantially amends, among others, Act No. 167/1998 Coll., on Addictive Substances and on Amendments to Certain Other Acts. The Act should now be published in the Collection of Laws.
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.
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.