Czech 2025 Rules for CBD, HHC and Kratom: Compliance and Penalties
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Since 2025, an amendment to the Act on Addictive Substances has been fully effective in the Czech Republic, fundamentally changing the legal status of products containing CBD, HHC and kratom. If you do business involving these substances, you must comply with strict rules under Czech law; otherwise, you risk fines of up to CZK 10 million and even criminal prosecution. Find out which obligations apply to you and how to avoid mistakes that could destroy your business.
Article contents
Quick summary
- New categorisation of substances – The Addictive Substances Act in the Czech Republic divides substances into addictive (prohibited), psychomodulatory (strictly regulated sale) and new psychoactive (temporary ban and research).
- HHC is permanently prohibited – HHC, HHC-O and THCP were included by a Czech Government regulation on the list of prohibited addictive substances. Their sale, possession and distribution are criminal offences; they are not psychomodulatory substances, but are subject to a hard ban comparable to other drugs.
- CBD and “Novel Food” – Pure, natural CBD with no psychoactive effects remains legal in the Czech Republic; however, when taken orally it is subject to the EU Novel Food regime. Extracts with THC content above the 1% limit or products intended for psychomodulation fall under the new regulated regime.
- Psychomodulatory substances require authorisation – The sale of substances listed as psychomodulatory substances, such as kratom or products made from industrial hemp, requires a special permit, registration and compliance with strict rules under Czech legislation.
Origin of the new rules and the reason for regulation
The Czech Republic has introduced a unique regulatory system responding to the risks of the grey market. The Addictive Substances Act, as effective in 2026, categorises psychoactive substances into three groups to eliminate an unregulated market and protect children and minors in the Czech Republic.
The tightening was prompted by the situation in 2023 and 2024, when child intoxications occurred, for example after consuming HHC gummies. If you do business with hemp products or kratom in the Czech Republic, you must know with certainty which category your product falls into—whether addictive substances, psychomodulatory substances, or new psychoactive substances.
What happened to HHC
In 2024, HHC (hexahydrocannabinol) was added to the list of addictive substances in the annex to a Czech Government regulation. Unlike psychomodulatory substances, which may be sold with a licence, any handling of HHC is prohibited under Czech law.
This means HHC cannot be legally sold or even stored. If a substance chemically corresponds to HHC, it constitutes the criminal offence of unauthorised manufacture and other handling of narcotic and psychotropic substances and poisons, or potentially an administrative offence with a high fine.
Businesses that still hold old HHC stock expose themselves to the risk of criminal prosecution in the Czech Republic. These substances must be disposed of in accordance with Czech waste legislation and under the supervision of authorised persons, not further distributed.
Impact of EU law on business
Czech regulation must coexist with European Union law. For CBD products, the key framework is the Novel Food Regulation. Cannabinoids obtained by extraction are considered a novel food and, without authorisation from the European Commission, may not be placed on the market as foods or food supplements in the EU.
The Czech State Agricultural and Food Inspection Authority (Státní zemědělská a potravinářská inspekce) rigorously checks whether CBD oils or gummies are being sold as foods without this authorisation. The team at ARROWS advokátní kancelář deal with such situations daily and help businesses classify products correctly so that they comply with both Czech and EU law.
Regime for the sale of psychomodulatory substances
Substances included on the list of psychomodulatory substances may be sold only under a strict regime. From the effective date of the Czech legislation, the following obligations apply to sellers of kratom and hemp products falling within this category.
Which substances fall within this category
The list of psychomodulatory substances is set by the Czech Government by regulation. As of 2026, the regulation primarily concerns kratom and its extracts and hemp products with low THC content up to 1% by weight, intended for purposes other than industrial use in the Czech Republic.
Please note: CBD products that contain trace amounts of THC up to 1% and are placed on the market as a psychomodulatory substance are subject to this regime. If a product is completely THC-free and meets the definition of a cosmetic or another category, this act does not apply to it.
Specialised shops and age restrictions
The sale of psychomodulatory substances is possible only in specialised shops, where sales to persons under 18 are prohibited. The goods must not be sold together with toys or sweets for children, and the shop must have a separate area that minors cannot access.
Our attorneys in Prague at ARROWS advokátní kancelář can arrange an inspection of your premises and set up sales processes so that you meet the requirements of the Czech Act on the Protection of Health from the Harmful Effects of Addictive Substances. Contact us at office@arws.cz.
Mandatory permit for handling
To place psychomodulatory substances on the market, a handling permit is required, issued by the competent authority in the Czech Republic. The process includes submitting an application with proof of good character, paying an administrative fee, and securing storage premises against theft and misuse.
Selling without this permit is an administrative offence with a fine of up to CZK 10,000,000.
ARROWS advokátní kancelář provides complete preparation of documentation and representation in the administrative proceedings for the granting of the permit. Thanks to our experience from the legislative process, we know what requirements the authorities typically demand. More information at office@arws.cz.
Strict restrictions on packaging and advertising
The Czech legislation introduces rules intended to deter children from consumption and to inform consumers about risks.
Standardised packaging
Packaging of psychomodulatory substances must not resemble food, cosmetics or toys. Forms resembling sweets are prohibited, child-targeted graphics are prohibited, and health warnings must be displayed on the packaging as required by the relevant Czech implementing decree.
If you have old packaging in stock featuring fruit or a candy-style design, you must not use it for psychomodulatory substances.
Marketing and advertising
There is an almost complete ban on advertising psychomodulatory substances in the media, online and in public spaces in the Czech Republic. Advertising is permitted only at the point of sale and in trade publications, and any promotion suggesting medicinal effects is strictly sanctioned.
In this area, the team at ARROWS advokátní kancelář provides reviews of websites and marketing materials. We will ensure your e-shop does not breach the Czech Advertising Regulation Act. Contact us at office@arws.cz.
Online sales and age verification
Sales via an e-shop are permitted only if the condition of double age verification is met. This verification must take place upon entering the website or during the order process and then again upon handover of the goods by the carrier or at the pick-up point.
If an e-shop cannot ensure age verification upon delivery with identity check (personal delivery), it must not sell psychomodulatory substances.
Cross-border sales of psychomodulatory substances to consumers in other EU Member States are generally prohibited or extremely complicated due to differing legislation.
Overview of risks and legal support
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Risks and sanctions |
How ARROWS helps (office@arws.cz) |
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Sale without a permit: A fine of up to CZK 10 million, a ban on activity, and forfeiture of goods. |
Representation in licensing proceedings. We prepare the application, secure supporting documents, and communicate with the relevant Czech ministry to ensure a smooth registration process. |
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Non-compliant packaging and advertising: Fines in the millions of CZK for breaches of the Czech Advertising Regulation Act and the ban on attractive packaging. |
Compliance audit. We review your packaging, labels, and marketing copy. |
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Health claims: Unauthorised attribution of therapeutic effects breaches both food and medicinal product regulations under Czech and EU rules. |
Website and copy review. We review your e-shop and remove high-risk claims. |
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Sales to minors: A fine and the risk of losing the permit. For addictive substances, criminal prosecution. |
Setting up verification systems. We help set the legal terms and processes for age verification online and in-store in the Czech Republic. |
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Incorrect records: Deficiencies in mandatory reporting of the movement of substances to the register. |
Training and internal policies. We prepare internal guidelines for employees and a record-keeping system in line with statutory requirements under Czech law. |
Status of CBD in 2026
CBD (cannabidiol) remains legal in the Czech Republic, but its regulatory regime depends on the form and THC content. CBD cosmetics are legal provided the product is safe and notified in the CPNP portal. Foods and food supplements still require authorisation as Novel Food.
If industrial hemp flowers or liquids are offered for inhalation and contain up to 1% THC, they may fall under the regime for psychomodulatory substances under Czech legislation. If your CBD product has a THC content higher than 1%, it is an addictive substance and handling it without a special licence is a criminal offence.
The future of HHC and other substances
The law introduced a category of new psychoactive substances, which is a temporary regime for newly discovered synthetic or semi-synthetic substances. These substances may be temporarily banned for up to two years, during which a risk assessment is carried out, and they are then either permanently banned or regulated.
However, HHC is already on the list of prohibited addictive substances, not in the temporary regime. Its reclassification back into the legal sphere is not being considered.
A stabilised kratom market
As of the amendment taking effect, kratom is regulated as a psychomodulatory substance in the Czech Republic, and the era of vending-machine sales without age control has ended. Sellers must be registered, pay the relevant fees, and sell goods only to adults in the prescribed packaging.
ARROWS, a Prague-based law firm, helps kratom sellers legalise their business under the new regime. If you have previously sold kratom as a collector’s item, this approach is now unlawful and the goods must be properly categorised.
Most common mistakes in practice
Confusing “psychomodulatory” and “addictive”
Businesses often hope that HHC will return, but HHC is a prohibited addictive substance, while psychomodulatory substances are specifically listed. Mixing up these concepts can lead to criminal prosecution in the Czech Republic.
Insufficient age verification for e-shops
Simply clicking a confirmation button in a browser window is no longer sufficient, because Czech law requires verifiable verification. You must implement technical solutions or use carriers that verify identity upon delivery.
Selling abroad without checking the legislation
The fact that kratom or CBD is regulated in the Czech Republic does not mean it is legal in neighbouring countries. Exports of psychomodulatory substances are subject to a notification obligation, and in the destination country it may constitute a criminal offence.
Steps required to comply with the law
Immediately remove prohibited substances from your offer and make sure that CBD products do not exceed the permitted THC limit. If you sell psychomodulatory substances, submit an application to the competent Czech authority, implement age verification on your e-shop, and ensure that packaging is not attractive to children.
Our Czech legal team at ARROWS will guide you through the entire compliance process. Contact us at office@arws.cz and we will agree on the next steps.
International element
If you operate internationally, remember that EU harmonisation in this area is not complete. Germany has partial cannabis legalisation but strict rules for synthetic derivatives, while Slovakia has HHC on its list of prohibited substances.
Through the ARROWS International network, we can also provide a legal analysis for markets outside the Czech Republic.
Conclusion
Regulation of the psychoactive substances market in the Czech Republic is now clearly defined, and the era of the grey zone is over. Doing business in this sector requires professionalism, capital to meet regulatory requirements, and strong legal support.
Contact us at office@arws.cz – we will help you set up your business so you can earn without fear of an early-morning visit from the police or an inspection authority.
FAQ – Most common legal questions on licensing
1. Can I still sell off remaining HHC stock?
No. HHC is included on the list of prohibited addictive substances. Its sale is a criminal offence in the Czech Republic. Stock must be disposed of in accordance with Czech waste legislation as hazardous waste, ideally after consulting an attorney or the police so that you do not expose yourself to penalties for possession.
2. Do I need a brick-and-mortar shop to sell kratom?
The law requires a specialised shop, which may also be an e-shop, but it must meet strict criteria for age verification and registration. However, it is not possible to sell these substances on a standard e-shop alongside toys or food without a separate section and controls. The distribution channel must guarantee that the substance will not reach a minor.
3. What is the THC threshold for legal cannabis?
The limit for industrial hemp in the Czech Republic is 1% THC. Products with up to 1% THC may be classified as psychomodulatory substances (if intended for consumption). Products above 1% THC are prohibited addictive substances (with the exception of prescription medical cannabis).
4. What if I sell CBD only as a collector’s item?
This practice (“collector’s items”) has been eliminated for psychomodulatory substances by the new law. If a substance meets the definition of a psychomodulatory substance, you must sell it as such with all related obligations. Circumventing the law by labelling it “not intended for consumption” may be assessed as a sham legal act and sanctioned.
5. Am I at risk of prison for selling HHC?
Yes. Since HHC is on the list of addictive substances, the same provisions of the Czech Criminal Code apply to it as to other drugs. Sentences depend on the scale of the offence (quantity of the substance, benefit gained, sales to minors) and can reach many years of imprisonment.
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 status as of 2026 under Czech law. Although we take the utmost care to ensure 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 protection we maintain professional liability insurance with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation in the Czech Republic, 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 from this article without prior individual legal consultation.
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