CBD Sales in 2026: New Permits, Registration and Compliance Duties

25.3.2026 | ARROWS law firm

With the amendment to the Act on Addictive Substances taking effect and the introduction of the category of psychomodulatory substances, the rules for selling CBD have tightened significantly. Doing business in 2026 requires specific permits, registration, and strict age verification; otherwise, fines in the millions may be imposed. This article will guide you through the new legal reality, product categorisation, and the obligations you must meet to operate legally.

The illustrative image shows a lawyer consulting on the tightening of CBD sales regulations.

Legal categories of CBD and their implications
CBD in cosmetics
Regulatory requirements for sale
Related questions on regulatory requirements
Practical risks and how to avoid them
Specific situations and how to address them
Competitive landscape

Summary of key points

Selling CBD products classified as psychomodulatory substances without a permit is an administrative offence subject to a high fine, and may also constitute a criminal offence.
Products are divided into categories with different regimes: cosmetics, food supplements, and psychomodulatory substances.
The psychomodulatory substances category requires a permit to handle such substances, registration of the entity, payment of administrative fees, and strict age verification.
The sale of foods and food supplements containing CBD remains subject to the EU Novel Food Regulation and requires authorisation by the European Commission.

Legal categories of CBD and their implications

A key step that many start-up entrepreneurs underestimate is correctly understanding the product’s legal category. From a legal perspective, CBD is not one homogeneous group, because the same extract from industrial hemp can, in theory, fall under the regime for cosmetics, food supplements, or psychomodulatory substances. Each category has entirely different rules, supervisory authorities, and sanction mechanisms.

Act No. 167/1998 Coll., on Addictive Substances, as amended, forms the basic legal framework under Czech law. This is where the most common misconception arises: CBD products are not automatically either psychomodulatory substances or foods—their category depends on their composition and the way they are presented.

Imagine you sell CBD drops labelled as a food supplement for immunity. They fall into the food category, where the EU Novel Food Regulation applies. Without a valid authorisation from the European Commission, you may not legally sell them as food, and you face a fine of up to CZK 50 million from the State Agricultural and Food Inspection Authority (SZPI) in the Czech Republic.

If the same oil meets the definition of a cosmetic product and is notified as such, it falls under the Cosmetics Regulation. However, if it is intended for other use and meets the definition of a psychomodulatory substance, the strictest regime applies. The legal team at ARROWS, a Prague-based law firm, regularly handles situations where a CBD product seller has incorrectly categorised their goods and subsequently faces ruinous fines.

Psychomodulatory substances

Products containing CBD and trace amounts of THC (up to 1%) that are not food, cosmetics, medicinal products, or medical devices fall under the regulation of psychomodulatory substances under Czech legislation. This category targets substances with psychoactive potential or a health risk that is nevertheless assessed as low. To sell under this regime, you must meet several key conditions.

You must obtain a permit to handle psychomodulatory substances. This is not an unregulated trade—you must submit an application to the Ministry of Health in the Czech Republic and provide proof of clean criminal record and/or professional competence. Administrative fees for issuing the permit are in the hundreds of thousands of Czech crowns.

Entities holding a permit are recorded in a public register. This is linked to the obligation to pay annual maintenance fees for the permit, which also reach tens to hundreds of thousands of Czech crowns. The administrative burden is therefore a significant barrier to market entry.

You must implement a qualified age-verification system. The law strictly prohibits sales to persons under 18, and for e-shops a simple click-through age confirmation is not sufficient. Reliable age verification is required when entering the website or before completing the order (e.g., BankID), and then again upon delivery of the goods.

You must keep detailed records and reporting on the purchase, storage, and sale of psychomodulatory substances. These records must be retained for the statutory period and presented to supervisory authorities during an inspection.

Promotion of psychomodulatory substances is significantly restricted. Advertising in mass media and on social networks is prohibited, as is any form that would target minors. Typically, only restrained presentation at the point of sale or in a closed section of an e-shop is permitted.

The shop must be marked with a ban on entry for persons under 18, and products must be in uniform packaging without graphic elements attractive to children. The legal team at ARROWS, a Prague-based law firm, provides end-to-end preparation for the licensing procedure, including drafting internal policies and representing clients before administrative authorities.

CBD in cosmetics

In cosmetics, the situation is more stable. CBD may be used in cosmetic products provided they do not contain prohibited substances. The product must have a Cosmetic Product Safety Report (CPSR) prepared by a qualified person and must be notified in the CPNP portal before being placed on the market.

The packaging and presentation must not contain medicinal claims, because cosmetics do not treat—they only cleanse, protect, or keep in good condition. If you make medicinal claims on a cosmetic product, it may be reclassified as an unregistered medicinal product, which falls within the competence of SÚKL (the Czech State Institute for Drug Control).

CBD in foods and food supplements

This is where the situation is most critical. Under Regulation (EU) 2015/2283, cannabinoids are considered a novel food. As of 2026, it still applies that without an approved authorisation for the specific product type and manufacturer, CBD cannot be legally placed on the market as food or a food supplement.

SZPI carries out regular market inspections. If the inspection finds the sale of unauthorised foods containing CBD, it orders withdrawal from the market and imposes high fines. An exception may be products made from hemp seed, which naturally do not contain CBD and have a history of consumption.

Regulatory requirements for sale

If you opt for the psychomodulatory substances regime—which is often the only legal route for flowers, vapes and oils intended for use—you must complete a number of steps. The first is preparation and filing an application for a permit with the competent authority. With the application, you submit the entity’s identification, proof of clean criminal record, a specification of the premises and their security measures.

ARROWS, a Prague-based law firm, recommends not underestimating the preparation, because the administrative proceedings may take months and any error in the supporting documents prolongs the process.

Next comes the implementation of age verification for e-shops. Czech law requires a reliable technical solution, such as BankID, MojeID or specialised third-party tools. Verification must take place no later than before the order is dispatched. Upon delivery, the carrier must verify age again or use “delivery to addressee only” services.

In brick-and-mortar stores, staff must be demonstrably trained on the ban on sales to minors, the effects of the substances and the risks. The seller must not provide false information about health effects. The permit holder is also required to keep ongoing records of stock and sales in a system that can generate reports for the authorities.

The product must be in packaging that is safe, opaque or neutral and bears the statutory warnings. Advertising is restricted, so products cannot be actively promoted on social media via paid ads, and organic reach must be limited by an age gate on the profile.

Each batch must have a laboratory analysis from an accredited laboratory. The tests must demonstrate THC content up to 1%, the content of active substances, and the absence of contaminants such as pesticides or heavy metals.

Practical risks and how to avoid them

The most common mistake is classifying the product in the wrong category. The seller declares the product as a collector’s item or cosmetics, even though it is in fact a psychomodulatory substance. Supervisory authorities always assess the product’s real purpose and nature.

Another risk is the absence of age verification. An e-shop often only has an “I confirm my age” button, which is insufficient under the new legislation and results in a fine. Packaging resembling sweets or featuring children’s motifs is also strictly prohibited.

Be careful with cross-border sales and exports. Psychomodulatory substances may be illegal in neighbouring countries or regulated differently with other THC limits. A Czech licence does not authorise you to export to countries where the substance is prohibited.

Possible issues	How ARROWS helps (office@arws.cz)
Incorrect product categorisation:	Legal analysis of your portfolio and a binding opinion on categorisation to minimise the risk of sanctions.
Permit application refused:	Complete preparation of documentation (security plan, operating rules) and representation in the administrative proceedings.
Penalties for insufficient age verification:	Audit of the e-shop purchasing process and contractual terms (T&Cs) with regard to statutory requirements.
Inspection (SZPI, public health authority):	Representation during the inspection, preparation of a defence and objections to inspection reports.
Dispute with a supplier (product quality):	Recovery of damages and handling disputes over the quality of supplied raw materials (THC/CBD content).

Specific situations and how to address them

Brick-and-mortar store vs. e-shop

A brick-and-mortar store must be structurally separated to prevent minors from entering, for example by checking IDs at the entrance. The store must also not be located near schools and educational facilities, as defined by Czech law.

For an e-shop, the key is the technical solution for age verification and logistics. You must have a contract with a carrier that guarantees an age-of-majority verification service upon handover. If the carrier leaves the parcel unattended or hands it to a child, liability primarily rests with the seller.

Importing CBD from abroad

The THC limit in the Czech Republic is 1%, but in many EU countries it is still 0.2% or 0.3%. When importing into the Czech Republic, you must ensure that the goods meet Czech standards. The Customs Administration rigorously inspects these shipments.

If extracts are to be placed on the market as psychomodulatory substances, you must already have the relevant authorisation to handle them at the time of import.

Competitive environment

In 2026, the market is consolidated and only professional players survive. High permit fees and compliance costs have created a natural barrier to entry. Success now requires sufficient capital and legal certainty.

Final summary

Setting up a legal CBD business in 2026 in the Czech Republic is possible, but it requires professionalism and capital. Success depends on correct product categorisation, obtaining the necessary licence and managing the administration. Technical safeguards for age verification and quality assurance through testing are also essential.

If you are not sure whether your business meets all current requirements, or you want to avoid the risk of crippling fines, contact the experts. The attorneys at ARROWS, a Prague-based law firm, will provide you with comprehensive legal support—from obtaining permits to representation during inspections. Write to us at office@arws.cz and set up your business safely.

FAQ

1. Is CBD legal in the Czech Republic?
Yes, CBD as a substance is not prohibited. However, products containing it are regulated depending on THC content and the method of use. The key is to comply with the 1% THC limit for technical hemp and to have the relevant permits for the given product category.

2. How much does it cost to set up a legal CBD business?
Expect high initial costs. In addition to standard expenses for an e-shop and inventory, budget hundreds of thousands of Czech crowns for administrative permit fees, legal services, adjustments to IT systems and laboratory tests. A realistic start-up budget for legal operations is in the millions of Czech crowns.

3. Can I sell CBD without a special permit?
Only if it is properly notified cosmetics. For flowers, oils for internal use (if they are not authorised Novel Food) and vapes, a permit to handle psychomodulatory substances is essential.

4. What sanctions can apply?
Up to CZK 10 million for administrative offences under the Czech Act on Addictive Substances. Up to CZK 50 million for breaches of food law (Novel Food). In extreme cases, criminal prosecution.

5. How to prepare for an inspection?
Keep your documentation in perfect order: permits, inventory records, laboratory certificates for each batch, Terms and Conditions, staff training records, and contracts with verification service providers. In the event of an inspection, contact your legal representative immediately.

6. Can I sell CBD on social media?
Only to a very limited extent. Paid advertising is prohibited on most platforms under their own rules and under Czech law for psychomodulatory substances. Organic content must not target children and must not contain unauthorised health claims.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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