THC and CBD Products in the Czech Republic and EU: Key Legal Risks and Rules

Mgr. Vojtěch Sucharda
Mgr. Vojtěch Sucharda
10.3.2026 | ARROWS law firm

If you operate a business in the Czech Republic or the EU involving products containing THC or CBD, you face a legal labyrinth where lawful sales can, in a single step, become a criminal offence. In this article, we clarify which rules to follow in the EU and in the Czech Republic, what specific risks entrepreneurs face, and how to avoid fines, confiscation of goods, and criminal liability.

The photograph shows a specialist addressing issues relating to the legal regulation of THC and CBD.

Quick summary

  • The legislation is fragmented : Although the EU is working towards harmonisation, each Member State has its own specific approach to enforcing rules for CBD and THC. In the Czech Republic, industrial hemp is subject to a 1% THC limit, but for foods the limits are significantly stricter.
  • Criminal thresholds are strict : Handling products that exceed the permitted THC concentration is not merely a regulatory breach—it may lead to criminal prosecution for the illegal production and handling of narcotic substances under Czech criminal law.
  • Inspections are becoming increasingly stringent : Czech inspection authorities (SZPI, the Customs Administration, SÚKL) and European authorities are increasing market oversight. Pay particular attention to the Novel Food regulation, which in practice blocks the lawful sale of most CBD foods without authorisation.
  • ARROWS advokátní kancelář deals with this area on a daily basis : The attorneys at ARROWS advokátní kancelář have experience with inspections, administrative proceedings, criminal defence, and structuring lawful business models in the hemp sector in the Czech Republic.

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.

Related questions on doing business with THC

1. What THC content in a product is legally relevant?
In the Czech Republic, a 1% THC limit is monitored for plants and industrial hemp. For foods, however, the EU maximum limits (in mg/kg) must not be exceeded, and there is also a ban on placing unauthorised Novel Foods on the market.

2. Can I sell a CBD product with THC up to 1% as a food?
Not automatically. The 1% limit applies to the plant (dry matter). If you produce an extract (oil) from it, the THC concentration may change, and the product also falls under Novel Food regulation. Selling CBD foods without authorisation is a breach of Czech food law.

3. Do the rules differ for selling via an e-shop versus a brick-and-mortar store?
Legally, no—the requirements for composition and labelling are the same. However, e-shops are an easier target for supervisory authorities (SZPI) for test purchases and remote analyses.

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.

Related questions on doing business with THC

1. Can a CBD product make health claims such as “helps with pain”?
No, not unless it is registered as a medicinal product. For food supplements, only authorised health claims under EU regulations may be used—and for CBD, none have been authorised so far.

2. To whom is CBD reported as a food supplement in the Czech Republic?
Placing food supplements on the market is notified to the Ministry of Agriculture. However, due to Novel Food status, such a notification may be challenged by the authorities.

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.

Related questions on doing business with THC

1. What is the difference between an administrative offence and a criminal offence in relation to THC?
Possession of a small amount of cannabis with THC content above 1% for personal use is an administrative offence. However, the production, distribution and sale of such material is primarily a criminal offence, even in smaller quantities. The line between an administrative offence and a criminal offence in “business activity” is very thin, and Czech law enforcement authorities are uncompromising.

2. What if I am an importer and I sell CBD from Germany, where it is legal?
The EU principle of mutual recognition has its limits, especially where public health protection is concerned. The Czech Republic may apply its own restrictions, particularly regarding THC limits or the interpretation of Novel Food rules. The importer bears full responsibility for placing the product on the Czech market.

Table of practical risks for THC/CBD entrepreneurs

Risks and sanctions

How ARROWS helps (office@arws.cz)

Exceeding the THC limit: THC content above the permitted limits (1% for the plant, specific limits for foods) may lead to criminal prosecution and fines in the millions.

Legal audits and representation: ARROWS, a Prague-based law firm, will review supply contracts, assess laboratory analyses, and provide defence in criminal or administrative proceedings under Czech law.

Novel Food and market withdrawal: Selling CBD foods without authorisation results in a sales ban and a fine from SZPI (the Czech State Agricultural and Food Inspection Authority) of up to CZK 50 million (in practice hundreds of thousands to millions).

Sales strategy and classification: We will help you find a lawful route to market (e.g., cosmetics) and set up your product portfolio to minimise the risk of enforcement action by SZPI in the Czech Republic.

Misleading advertising and medicinal claims: Claims such as “CBD cures” for food supplements or cosmetics are illegal. Sanctions may be imposed for breaching the Advertising Regulation Act.

Marketing materials compliance: The ARROWS Czech legal team will review your labels, e-shop and social media and remove risky claims that attract regulators’ attention.

Criminal prosecution: If distribution of substances with above-limit THC is suspected, imprisonment and forfeiture of goods may follow.

Criminal defence: A specialised criminal law team will represent you from the first interview, challenge police analyses, and fight for discontinuation of the case or the lowest possible sentence in Czech criminal proceedings.

Cross-border risks: Detention of goods at borders due to different limits in neighbouring countries.

International advice: Through the ARROWS International network, we will arrange legal assessment of exports to specific EU countries and assist in dealings with foreign customs authorities.

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.

Related questions on doing business with THC

1. How often should THC content be tested?
We recommend testing every batch. During an inspection, you must be able to demonstrate that the specific batch on the market complies with the limits.

2. What if I manufacture CBD products abroad and import them into the Czech Republic?
As an importer from a non-EU country, you bear full responsibility for compliance with European law as if you were the manufacturer. When importing from within the EU (intra-Community supply), responsibility is shared, but the distributor in the Czech Republic is still the first target of inspections.

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 office@arws.cz.

FAQ – Most common legal questions about THC in business

1. What THC content is legal in the Czech Republic?
For cultivating and handling industrial hemp plants, the limit is 1% by weight. However, this limit does not automatically apply to foods and food supplements—strict contaminant limits apply here under EU regulations and national practice, which often requires limits close to zero or in the mg/kg range. For a specific assessment, please contact us.

2. Is the sale of HHC and similar derivatives legal?
This area is undergoing rapid change in the Czech Republic in connection with the Act on Psychomodulatory Substances. Substances such as HHC may be either banned or strictly regulated (ban on sales to minors, advertising ban, registration). Always verify the current status of the substance in the Government Regulation on the list of addictive substances.

3. Can I have products tested in any laboratory?
For legal purposes, only results from accredited laboratories (ISO 17025) are relevant. Home tests or non-accredited certificates do not carry sufficient weight in administrative or criminal proceedings in the Czech Republic.

4. What should I do if an inspection by SZPI arrives?
Cooperate, but do not make statements beyond your legal obligations without consulting an attorney. Request that a control sample also be taken for your own analysis. Do not sign reports whose content you disagree with unless you record your objections in them. Ideally, contact ARROWS, a Prague-based law firm, immediately.

5. Is it legal to sell CBD flowers for smoking?
The sale of herbal products for smoking is regulated, subject to excise duty, and must meet the THC limit of up to 1%. However, if the flowers are sold as a “collectible item” in order to circumvent these rules, this is highly risky.

Notice:The information contained in this article is of a general informational nature only and is intended for basic guidance based on the legal situation as of 2026. Legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association, and for maximum client safety we are insured for professional liability with a limit of CZK 400,000,000. To apply this information to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damage arising from the use of this information without an individual consultation.

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