Czech Rules for HHC, CBD and Kratom E-Commerce: Key Compliance Steps

Mgr. Vojtěch Sucharda
Mgr. Vojtěch Sucharda
17.3.2026 | ARROWS law firm

Do you operate an e-commerce store selling products containing HHC, CBD or kratom? As of 1 January 2025, new rules on psychomodulatory substances apply in the Czech Republic, which have significantly tightened the conditions for sale. If you are not prepared, you may face multi-million fines, seizure of goods and even criminal prosecution under Czech law. In this article, you will learn what you must handle from a legal perspective and how to avoid mistakes.

The photo shows lawyers in consultation regarding the new rules on the sale of psychomodulatory substances.

Quick summary

  • New legislation effective from 1 January 2025: The Czech Republic introduced, by law, a category of so-called psychomodulatory substances. This brings strict conditions for sale, registration, record-keeping, and age verification under Czech legislation.
  • High financial risks: Operators without a valid authorisation face fines of up to CZK 10 million in the Czech Republic. Illegal sale of prohibited substances is a criminal offence with the risk of imprisonment.
  • Comprehensive age verification and record-keeping: You must implement a qualified age-verification system (e.g. ), keep sales records, and comply with obligations relating to packaging and the advertising ban under Czech law.
  • Restrictions on cross-border sales: The new regulation fundamentally restricts cross-border sales of psychomodulatory substances to consumers. International trade without the relevant export permits is highly risky.

Legislative revolution: What changed at the beginning of 2025

The CBD and HHC market underwent turbulent developments in 2024 and 2025. In response to health risks to children, certain substances were temporarily added to the list of prohibited addictive substances in the Czech Republic.

As of 1 January 2025, an amendment to the Czech Act on Addictive Substances has been in effect, introducing a systemic solution: the category of psychomodulatory substances (PML). These are substances with psychoactive effects that the state has decided to regulate as strictly as alcohol or tobacco. However, the law does not automatically legalise everything; a specific substance must be expressly included in the PML list by a Government Regulation.

The main idea of the law is a regulated market in the Czech Republic, where substances may be sold only to adults in specialised shops. For entrepreneurs, this means the end of the “grey zone” and the start of strict administrative requirements.

Related legislative questions

1. Is HHC now legal in the Czech Republic?
It depends on the current wording of the Government Regulation on the list of addictive substances and the list of psychomodulatory substances. If HHC is still listed as a prohibited addictive substance, its sale is a criminal offence in the Czech Republic. For it to be legal under the PML regime, the government must issue a regulation reclassifying it.

2. What is the difference between psychomodulatory substances and new psychoactive substances?
Psychomodulatory substances (PML) are those that the state has permitted for regulated sale (e.g. kratom). New psychoactive substances are a category of substances undergoing risk assessment, and their sale is suspended until a decision is made.

3. What happens if I sell a substance from the list of prohibited substances without authorisation?
This is the criminal offence of “unauthorised production and other handling of narcotic and psychotropic substances and poisons” under Section 283 of the Czech Criminal Code. You may face imprisonment, forfeiture of property, and substantial financial penalties.

What is the current status of HHC, kratom, and other substances?

The situation in 2026 requires precise orientation in implementing regulations in the Czech Republic. The statutory framework for psychomodulatory substances already exists, but the key is which list the given substance appears on.

With kratom, there has been political consensus in the Czech Republic to regulate it as a psychomodulatory substance. This means that its sale is possible only if statutory conditions are met, such as authorisation, age verification, and proper packaging. For semi-synthetic cannabinoids, the situation is more complex and depends on the government’s current decision on their classification.

At this point, it is essential not to rely on general articles on the internet, but to verify the status of the specific substance in the current wording of the relevant Government Regulation. The legal team at ARROWS advokátní kancelář monitors these changes and can provide you with a binding legal opinion.

What you risk if you are not prepared for the legislation

Risks and sanctions

How ARROWS helps (office@arws.cz)

Sale of a prohibited substance: A criminal offence under Section 283 of the Czech Criminal Code.

Legal defence and prevention: Assessment of whether your portfolio contains prohibited substances, and, if necessary, defence in criminal proceedings in the Czech Republic.

Sale of PML without authorisation: An administrative offence with a fine of up to several million Czech crowns.

Obtaining authorisation: Comprehensive handling of the application for an authorisation to handle psychomodulatory substances with the competent Czech authorities.

Sale to minors: Breach of the law, high fines from supervisory authorities, risk of losing the authorisation.

Compliance and T&Cs: Setting up terms and conditions and implementing age-verification systems in your e-shop.

Illegal cross-border sales: Selling PML to consumers abroad is generally prohibited or heavily restricted by the new regulation in the Czech Republic.

Market analysis: Experts from ARROWS International will map export options and assess legality in the target countries.

Incorrect labelling and advertising: The advertising ban on PML is strict, and breaches result in fines.

Marketing and packaging audit: Review of your website, social media, and product packaging to ensure they meet statutory requirements under Czech law.

Authorisation to handle regulated substances: You cannot do without it

To sell psychomodulatory substances in the Czech Republic, you must obtain a special authorisation. This is not a simple trade licence, but a regime similar to a concession or an authorisation to handle medicinal products.

The fee obligation is set high to deter non-serious sellers. Under the Czech Act on Administrative Fees, the fee for accepting an application for an authorisation to handle psychomodulatory substances is in the hundreds of thousands of Czech crowns. Specifically, these are high amounts for an authorisation for a specialised shop as well as for an e-shop.

The application is administratively demanding and you must submit a number of documents. The authorisation is issued for a fixed period and is non-transferable.

Related questions about the authorisation

1. How long does it take to obtain the authorisation?
The administrative procedure has statutory time limits (30–60 days), but in the event of a large influx of applicants or incomplete applications, it may be extended to months.

2. Can I sell before I receive the authorisation?
No. Selling without a final authorisation is illegal in the Czech Republic, and you expose yourself to the risk of sanctions for unauthorised business activity and breach of the Czech Act on Addictive Substances.

3. Is a fee paid separately for each e-shop?
Yes, the authorisation is tied to a specific method of sale and establishment. If you operate multiple domains or shops, the fees add up.

Age verification: Not only for alcohol and tobacco

The Act on Psychomodulatory Substances requires verifiable age verification of the buyer. A simple click-through “I am 18 years old” is not sufficient; the seller must use a reliable identity verification system.

In an e-shop environment, in practice in 2026 this means the need to implement:

  • Bank identity (BankID).
  • Document verification services (e.g., Adulto).
  • MojeID with a high level of assurance.

The Act requires age verification before the contract is concluded and subsequently also upon delivery of the goods. Carriers must be instructed to hand over shipments containing psychomodulatory substances only directly to the adult addressee, after checking an identity document.

Record-keeping and advertising ban

Businesses holding a PML permit are subject to strict oversight in the Czech Republic. You must keep records of the purchase, storage, and sale of these substances. These records must be retained and, upon request, presented to the supervisory authorities.

In addition, a broad advertising ban applies: psychomodulatory substances cannot be promoted in the usual way. Only restrained presentation at the point of sale or on the e-shop is permitted, and it must not target children. Packaging must be free of graphic elements attractive to children and must contain mandatory warnings.

CBD products containing THC: Watch the limits

While pure CBD (isolate) is not a psychomodulatory substance, the situation is more complex for full-spectrum oils. The Czech Act on Addictive Substances sets a THC content limit in the industrial hemp plant at 1%.

This limit applies to cultivation of plants and industrial processing. For final products intended for consumption, THC tolerance is zero or extremely low under EU contaminants regulations.

If you sell a product that contains THC and has psychoactive potential, the authorities may classify it as a psychomodulatory substance, a narcotic substance, or an unauthorised novel food.

Many e-shops mistakenly rely on the idea that “up to 1% THC is legal.” The one-percent limit applies to the plant in the field, not automatically to the legality of selling joints or extracts for consumer consumption. A thorough legal analysis of the specific product is required here.

Pan-European situation: Not all countries are the same

Rules for HHC, kratom, and CBD are not harmonised across the EU. What is legal in the Czech Republic may be considered a hard drug in a neighbouring country. For example, Slovakia and Poland take a very strict approach to cannabis derivatives.

The Czech Act on Psychomodulatory Substances does not allow unrestricted cross-border distance selling to consumers in other Member States. An e-shop should technically block orders from countries where the substance is illegal and, in general, avoid cross-border B2C sales.

Inspections: When, how, and by whom?

Prepare for coordinated inspections by the State Agricultural and Food Inspection Authority (SZPI), public health authorities, the Czech Trade Inspection Authority (ČOI), the police, and the Czech Customs Administration.

Who can advise you on this issue?

Inspectors often carry out test purchases, including online orders, and then analyse the goods in laboratories. If the content does not match the declaration or exceeds limits, sanctions follow.

Preparing for an inspection

Have laboratory analyses ready for each batch of goods, documents proving the origin of the goods, and the relevant handling permits. You must also demonstrate a functioning age-verification system and properly drafted terms and conditions.

The attorneys at ARROWS, a Prague-based law firm, can assist you with representation during inspections, preparation for them, and subsequent defence against imposed fines. The attorneys at ARROWS, a Prague-based law firm, can assist you with representation during inspections, preparation for them, and subsequent defence against imposed fines.

Practical guides: How to set up an e-shop correctly

The first step is a product audit and legal analysis of your assortment. Next comes obtaining the permit and paying the administrative fee if you sell psychomodulatory substances.

The third step is adjusting the e-shop, implementing an age-verification gateway, and removing prohibited advertising. It is also necessary to contractually ensure that the carrier verifies adulthood upon delivery and to update the legal documentation. The attorneys at ARROWS, a Prague-based law firm, can manage this process for you and ensure compliance with legislation applicable in 2026 in the Czech Republic.

Conclusion

Legislation concerning cannabis products and their derivatives in the Czech Republic has undergone a fundamental transformation. The shift from an unregulated market to strict rules places high demands on entrepreneurs.

The attorneys at ARROWS, a Prague-based law firm, deal with this area on a daily basis. We represent clients in administrative proceedings, assist with registrations, and set up compliance for e-shops. If you do not want to take risks, contact us at office@arws.cz. Prevention is always cheaper than dealing with the consequences of an inspection.

FAQ - Most common legal questions for e-shops selling HHC and CBD

1. Do I face prison if I sell HHC without a permit?
If HHC is, at that time, on the list of prohibited addictive substances in the Czech Republic and you do not have a permit to handle it, then yes, it is a criminal offence. If HHC were under the psychomodulatory substances regime, selling without a permit would primarily be an administrative offence.

2. Is it permitted to sell CBD products with THC up to 1%?
The 1% THC limit primarily applies to the industrial hemp plant. Selling foods or food supplements containing THC is problematic in the EU regardless of this limit.

3. Do I have to close my e-shop if I do not have a PML permit?
If you sell substances defined as psychomodulatory and you do not have a permit, you must not continue offering them. We recommend suspending sales and obtaining the permit.

4. Can SZPI inspect “collectors’ items” as well?
Yes, authorities assess the true nature of the product. If a product looks like food and is offered as such, it is treated as food even if it is labelled as a collectors’ item.

5. Is it legal to sell psychomodulatory substances abroad?
Generally not via a B2C e-shop. New legislation restricts cross-border sales to consumers to prevent circumvention of national bans in destination countries.

6. What are the most common mistakes made by e-shops?
Common mistakes include the absence of age verification, selling prohibited substances, missing permits, and making unauthorised medicinal claims for CBD.

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 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 security we are insured for professional liability 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 damage arising from the independent use of information from this article without prior individual legal consultation.

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