Senate passes psychomodulants bill

Today, on 9 October 2024, the Senate approved the Psychomodulants Act, which regulates the rules for dealing with psychomodulants and brings a new legislative framework that has been long awaited, not only in the Czech Republic but also throughout Europe.

(In the photo: the ARROWS law firm's team specializing in the use of industrial hemp.)

The law will now be submitted to the President of the Republic for signature. If he signs it, the law will come into force and effect, which is still announced for 1 January 2025, as planned from the outset.

As we have informed you in previous articles, this law aims to regulate the production, distribution, sale and use of psychomodulatory substances. At the same time, the law regulates the regime of so-called psychoactive substances, i.e. substances whose effects on the human body have yet to be studied and whose disposal will therefore be significantly restricted.

The Act introduces several key obligations, in particular:

1. Mandatory authorisation for the handling of psychoactive substances: any natural or legal person who intends to manufacture, distribute or otherwise handle these substances must obtain a specific authorisation from the competent authorities.
   
2. Specialised outlets: the sale of psychomodulants will only be permitted in specialised licensed outlets that provide a controlled environment and supervision of distribution.
   
3. Prohibition of vending machines: to prevent uncontrolled sales, the law prohibits the placement of vending machines with these substances.
   
4. Restriction of sales to minors: the sale of psychomodulants will be restricted to persons over 18 years of age, and vendors will be required to verify the age of the purchaser.
   

However, the question now remains as to which substances will be included among psychomodulants or psychoactive substances. No such substances have yet been publicly stated by the government or the Ministry of Health, but there is talk of kratom, HHC or CBD. Given the approval of the law by the Senate and the expected signature by the President of the Republic, it is therefore time to publish the draft government regulations that will include substances on the list of psychomodulatory and psychoactive substances as soon as possible so that entrepreneurs operating in this field can prepare for the new regulation.

For more information on the new obligations introduced by this law, please see our article. We will keep you informed about further progress in the legislative process and the substances to be included.

If you have any questions regarding the regulation of cannabinoids or cannabis law, please do not hesitate to contact us. We will be happy to learn more about your case and provide you with appropriate legal assistance.