More regulation of CBD in the Czech Republic?

Although the Czech government finally decided not to ban CBD products at the beginning of the year, ... a bill would subject these products to strict restrictions. The government’s bill, which amends Act No. 167/1998 Coll. on addictive substances, aims to significantly restrict the relatively unrestricted sale of kratom and CBD.

Definition of 2 substances

The proposed legislation distinguishes between «psychomodulatory substances» and «psychoactive substances.».

CBD is considered a psychomodulatory substance, meaning a substance that alters or modulates the central nervous system. These substances pose a low risk of negative effects on health or society and are not included on international drug schedules; their regulation is left to the discretion of individual countries.

In December 2020, the The European Commission has determined that CBD is not a narcotic and that it could sometimes be classified as a food if it met the relevant provisions of EU food law. The decision also stated that CBD-based products should enjoy the same free movement of goods between and within Member States as other legal products.

Kratom is classified as a psychoactive substance under the proposed measure, that is, a substance «whose health risks cannot be ruled out based on current scientific knowledge.» However, it is not classified as a drug under international conventions.

The list of substances subject to sales restrictions is established by government regulations. The government is introducing this regulatory approach to enable a rapid and effective response to any new psychoactive substances appearing on the market. According to Minister Bartoš, this is an «innovative and effective regulatory framework for this group of substances.».

More regulations on CBD

CBD is sold widely throughout the Czech Republic in all its forms. After the Ministry of Health announced its intention to completely ban CBD products last April, the Czech government reversed course and ultimately decided to establish clear rules for their regulation and sale.

The first changes were made as part of an amendment adopted in July concerning synthetic psychoactive substances such as HHC and delta-8 THC, which are made from hemp-derived CBD. This legislation restricted the sale of these products to individuals over the age of 18 under the supervision of a salesperson, and prohibited their sale through vending machines as well as any advertising.

Other specific provisions of the proposed measure concern CBD and kratom:

• Sales are limited to specialty stores, and retailers must register with the government and pay a tax of approximately 5,000 euros
• Products must undergo laboratory testing and obtain certificates indicating the concentration of active ingredients
• Stores that sell these products must post signs stating that consumers under the age of 18 are not permitted to enter
• Physical retail stores and online shops must keep these substances separate from the other products they sell
• The packaging must indicate whether the products are «psychomodulators» or «psychoactive,» and the substances must be identified by their name, subtype, and form; the recommended dosage must also be indicated
• Gifts and samples may not be distributed

The new regulation would also introduce several prohibitions, such as:

• Sales through vending machines will be prohibited
• Advertising for CBD will be banned
• Online retailers will be required to verify their customers' ages
• Online retailers will be prohibited from engaging in cross-border sales
• It is strictly prohibited to use customers’ personal data for any purpose other than the delivery of purchased goods
• Exports will be permitted only under the permit system