Criminal Liability for Online Sales of Psychoactive Substances in Czechia
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Selling psychoactive substances online may seem like an easy way to make money, but the reality is far more dangerous. Under the Czech Criminal Code and the Act on Addictive Substances in the Czech Republic, the supposed anonymity of the internet does not protect you. Criminal liability may apply to anyone who unlawfully manufactures, distributes, or sells these substances, including through brokering on social media. In this article, we explain when you enter the realm of criminal law and what penalties may apply under the 2026 legislation.
Article contents
Quick summary
- Criminal liability applies not only to sellers, but also to platforms and intermediaries: It is not safe to operate an online shop, a social media group, or any platform facilitating the sale of regulated substances without the relevant permits under Czech law. Even merely brokering a sale is a criminal offence.
- The scale and manner of sales determine the sentence: Sales on a “small scale” may mean imprisonment for 1 to 5 years, while sales on a “large scale” can lead to up to 18 years in prison. The online environment, where a high number of transactions occur, pushes the legal qualification towards higher sentencing ranges.
- Controls are tightening and digital traces are permanent: The Police of the Czech Republic, the Czech Customs Administration and the Financial Administration actively monitor suspicious online activity, cryptocurrency transactions and shipments. Anonymous platforms are not safe, and ARROWS attorneys in Prague handle cases uncovered based on digital traces.
Psychoactive substances – what exactly is regulated?
Czech legislation has undergone a fundamental change with the adoption of regulation for psychomodulatory substances. As of 2026, the Act on Addictive Substances and related regulations distinguish three main categories: addictive substances, psychomodulatory substances, and new psychoactive substances. This distinction is crucial for assessing criminal liability under Czech law.
Addictive substances include “classic” drugs such as heroin, cocaine, methamphetamine, as well as cannabis with a THC content above 1% and substances listed on the government schedule. Their sale, production or distribution without authorisation is a criminal offence under Section 283 of the Czech Criminal Code, with a basic penalty of imprisonment for 1 to 5 years.
Psychomodulatory substances, such as kratom or low-THC cannabis, may be sold legally only by registered sellers. Online sales are possible only if reliable age verification is ensured (e.g., via BankID). Breaching the conditions may constitute an administrative offence as well as a criminal offence under Czech legislation.
New psychoactive substances pose a risk and their sale is generally temporarily suspended or strictly restricted. For entrepreneurs operating online in the Czech Republic, this means there is no safe “grey zone” – either you have clear authorisation to sell a psychomodulatory substance, or you expose yourself to the risk of criminal prosecution.
Legal practice and categories of substances
Lawyers from ARROWS advokátní kancelář deal with the boundaries between these categories on a daily basis. In practice, we encounter cases where entrepreneurs believed they were selling a legal derivative, which in the meantime had been added to the list of prohibited substances. If you sell psychoactive substances online, you must be certain which category your products currently fall into under Czech law, and we will be happy to assess your situation at office@arws.cz.
What criminal offence do you face when selling online?
The basic offence is defined by Section 283 of the Czech Criminal Code – “Unauthorised production and other handling of narcotic and psychotropic substances and poisons”. The term “handling” is problematic, as it includes production, import, offering, brokering or sale. The sentencing ranges depend on the scale of the conduct.
Sales on a small scale
If you unlawfully sell or offer an addictive substance, you face, in the basic range, imprisonment from 1 to 5 years or a financial penalty. Even “minor” sales are a criminal offence, not merely an administrative offence. A conviction means a criminal record in the Czech Republic, which may prevent you from doing business in regulated sectors.
Sales on a larger scale
If you commit the act as a member of an organised group, or on a “larger scale”, the range increases to 2 to 10 years’ imprisonment. In online sales with many transactions, this qualification can be reached very quickly. Forfeiture of assets may also be imposed.
Sales on a significant scale
For sales on a “significant scale”, or if you obtain a significant benefit for yourself or another, you face a penalty of 8 to 12 years’ imprisonment.
Sales on a large scale
If you commit the act on a “large scale”, in connection with an organised group operating in multiple countries, or if you cause grievous bodily harm, you face a penalty of 10 to 18 years’ imprisonment. In the online environment, the “scale” is aggregated. A long-running e-shop with dozens of orders per month can exceed this threshold easily.
What does the law mean by “scale”?
When determining the scale, Czech courts rely on opinions of the Criminal Division of the Supreme Court (e.g. file no. Tpjn 301/2013). It is not only about the weight of the substance, but also the amount of active ingredient and the overall volume of transactions.
- Larger scale: Usually a tenfold multiple of the “amount greater than small”.
- Significant scale: Roughly corresponds to a hundredfold multiple of the basic amount.
- Large scale: Corresponds to a thousandfold multiple.
In the case of online sales, the police aggregate all proven transactions over the entire period the shop has been operating, which often moves the seller into the 8–12 year range. The scale also includes substances that the police did not physically seize, but whose sale they proved from communications or accounting records.
Online sales and digital traces
The myth of internet anonymity is dangerous. The Police of the Czech Republic and the Czech Customs Administration have specialised cybercrime units that monitor the open internet as well as the darknet.
1. Financial flows: Bank transfers are fully traceable. For cryptocurrencies, the police use advanced analytical tools to de-anonymise wallets and link them to exchanges (KYC).
2. Shipments: Česká pošta and courier services cooperate with the Czech Customs Administration. Sender records lead directly to you.
3. Digital communications: Data from mobile operators, IP addresses and message metadata serve as evidence.
If the police intercept an end user, under the threat of punishment they will often testify where they bought the substance. If you are concerned about an ongoing investigation in the Czech Republic, do not hesitate to contact defence counsel, as the Czech legal team at ARROWS advokátní kancelář has experience defending these specific cases. Email us at office@arws.cz.
Lawful sales – what is possible in 2026?
Is it possible to sell psychoactive substances legally in the Czech Republic? Yes, but only within very narrow limits defined by law.
Psychomodulatory substances
Sales are possible only on the basis of registration with the Office of the Government and a permit. The seller must meet strict conditions, such as a ban on sales to persons under 18 and ensuring a system for age verification for online purchases. A simple “Are you 18?” questionnaire is not sufficient.
Addictive substances
Sales are restricted to pharmacies and entities holding a special permit to handle narcotic substances issued by the Ministry of Health in the Czech Republic. A standard commercial e-shop cannot realistically obtain this permit.
If you operate an e-shop selling products such as HHC, kratom or CBD and you are not sure whether you meet the current 2026 requirements under Czech law, you risk crippling fines or criminal prosecution. We recommend carrying out a legal audit of your business to avoid any conflict with Czech legislation.
Liability of platforms and intermediaries
Criminal liability does not apply only to the person who ships the parcel. It can also affect facilitators and platform operators. Under Section 24 of the Czech Criminal Code, a person who intentionally enables or facilitates the commission of a criminal offence by another person is also criminally liable.
If you manage a social media group or an online discussion forum where drug deals are arranged, you may be prosecuted for participation in a criminal offence. Likewise, liability may arise for the criminal offence of spreading drug addiction (Section 287 of the Czech Criminal Code) if the platform supports such behaviour.
Risk and solution table
|
Risk |
How ARROWS can help (office@arws.cz) |
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Criminal prosecution (sale, distribution): Risk of imprisonment (1–18 years) and a criminal record. |
Criminal defence: We represent clients from the first interview through to proceedings before Czech courts. |
|
Seizure of assets and accounts: Freezing of bank accounts and seizure of cryptocurrencies by the police. |
Legal assistance with seizures: We file remedies against asset seizures and, where possible, demonstrate the lawful origin of funds. |
|
Tax audit: Additional assessment of tax on “illegal” income by the Czech tax authority. |
Tax proceedings: We represent clients before the tax administrator and address parallel criminal and tax proceedings. |
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House search: Seizure of electronics, goods and documents. |
Attendance at procedural acts: An attorney supervises the legality of the house search on site. |
|
Operating a platform: Allegations of aiding criminal activity by operating a forum/group. |
Audit and compliance: We set platform rules to comply with Czech law and minimise risk for the operator. |
FAQ – Frequently asked questions
1. If I sell only a small amount “for personal use” to friends, is it a criminal offence?
Yes. The concept of “for personal use” applies only to possession of a substance, not to its sale. Any sale or distribution fulfils the elements of a criminal offence under Section 283 of the Czech Criminal Code.
2. Can the police open my shipment?
Yes. Based on suspicion, a public prosecutor may order the monitoring of a shipment and its opening under Section 87 of the Czech Code of Criminal Procedure. The Czech Customs Administration also has powers to inspect shipments without such an order as part of customs supervision.
3. What should I do if the police contact me?
You have the right to remain silent under Section 100 of the Czech Code of Criminal Procedure. Before making any statement, we recommend consulting an attorney, because anything you say may be used against you. Contact us at office@arws.cz.
4. Is it possible to avoid prison?
In less serious cases, it may be possible to seek a suspended sentence, a financial penalty, or a plea agreement. An experienced defence counsel is key to negotiating these terms with the public prosecutor in the Czech Republic.
Conclusion
Online sales of psychoactive substances are a highly risky activity, with the threat of multi-year prison sentences under Czech law. The 2026 legislation is strict, and Czech law enforcement authorities have modern tools to identify offenders. If you operate in this area or are facing suspicion, do not risk your future and seek professional legal assistance.
Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance based on the legal situation as of 2026. Although we strive for maximum accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client security we maintain professional liability insurance with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.
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