The Policy of the Czech Republic with respect to Cannabis
According to the Economist, the Czech Republic is the most liberal country in Europe in regards to drug use in general and Cannabis specifically. But the truth is fairly more nuanced. The country is tolerant towards drug possession and it has quit being viewed as a criminal offense as early as the nineties and according to polls, 15% of the citizens of the Czech Republic use Cannabis in one aspect or another which is one of the highest drug use rates in the world in general and in Europe specifically.
Czech republic and the use of regular Cannabis
The Czech law allows the possession of little amounts of any drug, such as 5 grams of hashish and 15 grams of Marijuana. Ownership of any amount bigger than that is regarded as a crime, as does possession of any Cannabis originated drug which contains more than 0.3% active ingredient.
Medical Cannabis in the Czech Republic.
Since 2013, medicinal marijuana has been legitimate in the Czech Republic, but its usage is exclusive to individuals over 18 and as treatment for subsequent diseases: HIV, cancer, multiple sclerosis, and Parkinson’s disease. The majority of medical insurance companies in the Czech Republic doesn’t cover treatment with medicinal Marijuana and it is regarded to be an expensive product.
In fact, as of today, the usage of medicinal cannabis in the Czech Republic is the area of the rich, who can pay for the imported medicinal cannabis, while most patients are left without any available solution. To take care of this issue, the growth of medicinal cannabis was launched in the international research center for medicinal cannabis.
Growing cannabis for clinical use is authorized upon attaining a license to plant cannabis plants and approval to expunge all addictive substances and products associated with medical cannabis. The license is granted by the State Institute for Drug Control for a maximum period of five years and can be extended. The permission is granted by the Ministry of Health for a maximum period of five years and it can be extended likewise to the license. Cannabis for medical use cultivated in the Czech Republic can only be sold to another holder of the permission issued by the Ministry of Health, the same applies to the transfer of additional rights associated with addictive substances.
To import cannabis for clinical use, an import permit from the Ministry of Health is needed and such permit is issued for a maximum of three months. An individual permit is required for every individual import.
Patients can have access to cannabis for clinical use only upon electronic prescription from healthcare professionals, and the usage amount is restricted to up to 180g in total of dry cannabis per individual per month. In association with the use of cannabis within ambulant care, public health insurance covers only 90% of the cost of cannabis for the end consumer within the maximum volume of 30g of medical cannabis per person per month or up to 180g per month if the patient’s health status requires.
Violation of the statutory obligations can result in administrative fines of up to CZK 10,000,000.
Recreational use
The recreational use of cannabis isn’t permitted in the Czech Republic.
Industrial use
Cannabis that contains a limit of 1% of THC is allowed for industrial, technical, and garden reasons, including sales. The growing of industrial cannabis on more than 100 m2 of land must be informed to the eligible customs authority. Breach of the statutory obligation may be subject to an administrative fine of up to CZK 1,000,000. Legal rules governing the use of cannabidiol (CBD) within varied products are not centralized in the Czech Republic and this area is currently fast evolving. Numerous CBD products are proposed and advertised in the Czech Republic but such products often do not meet legal statutes.
As regards food supplements, there is a basic condition that these items contain no psychotropic or drug, for instance, tetrahydrocannabinol (THC), as there is zero tolerance for THC in food supplements in the Czech Republic.
The Czech State Agriculture and Food Inspection Authority is of the viewpoint that products from hemp leaves or seeds that inherently contain CBD(cannabinoids) are not considered “novel food”. On the other hand, synthetic cannabinoids are considered “novel food” and they would require authorization under the Regulation (EU) 2015/2283 of the European Parliament and of the Council before they could be placed on the market.
In regards to CBD smokes, it needs to be distinguished between e-cigarettes and herbal cigarettes. Under current regulation, utilization of CBD within e-cigarettes isn’t allowed in any way but the utilization of CBD in natural cigarettes is allowed, without the availability of THC.
Nonetheless, it is forbidden to manufacture any CBD products for oral use which are made of either the flowering or fruiting tops of the cannabis plant, irrespective of the THC content in the original cannabis plant.
In regards to CBD cosmetics, THC-free CBD cosmetics are legally allowed but this process is not entirely in line with the suggestions of WHO and the European Commission and there are presently discussions on this topic.
Patentability
In the Czech Republic, it is valid to patent a cannabis-based product but, if such a product is deemed to be contrary to public order or good morals, it is not allowed.
Selling cannabis in the Czech Republic
The law takes a more extreme position on the stockpile or sale of weed. Punishment ranges from 1 to 5 or 10 to 18 years in jail, depending on the essence of the crime. For instance, if the individual is caught reoffending soon after the last offense, then the sentence is likely to be drastic.
Growing cannabis in the Czech Republic
According to Czech law, you are allowed to grow up to five plants in your home for personal, confidential use. These may not be farmed for supply or sale to others, and the cannabis harvested may not be utilized in public spaces.
The majority of small-scale domestic growers of cannabis are at little risk of prosecution, given there are no aggravating circumstances. Regardless, the authorities are undergoing increasing issues with larger-scale growing which is often grown by illegal enterprises and is usually of poor quality, with high levels of fertilizer residue, and in an attempt to tackle the issue, the Czech government tried to clamp down on the sale of cultivation equipment.
Latest developments
In early 2022, a comprehensive amendment to the Act on addictive substances came into effect. The major change is that industrial cannabis plants can contain up to 1% of THC. Additionally, Prior to this change, the license on cannabis was subject to public tender which lead to a situation where only one entity could receive the license, preventing others from growing medical cannabis. But now upon the amendment to the Act, and after meeting the statutory requirements, anybody can procure a license for growing medical cannabis.
Good to know
If you are visiting the Czech Republic or are a resident of the country, it is valuable to know the following details on cannabis:
- According to a report ranking the ‘biggest weed smoking countries’, the Czech Republic was fifteenth in the world.
- Over 19% of young adults use cannabis in the country.
- Herbal cannabis is the most generally seized drug and the potency of the seized cannabis ranges from 0.32 to 18%.
Cannabis events in the Czech Republic
The Czech Republic hosts a few prominent cannabis occasions throughout the year. These include:
- The Cannafest- Cannafest is the largest cannabis trade show on the planet. It’s a three-day occasion in Prague, and not only accentuates exhibitors across the world, but also speeches from important industry experts, and live music and shows.
- Konopex Ostrava- Konopex Ostrava is an event, showcasing the recent innovations in the world of cannabis. It generally focuses on cultivation, both inside and out. There’s also a program of lectures, talks, and conventions, with the chance for visitors to talk to professionals.
Most view the Czech Republic as a country with a liberal drug policy, particularly in regard to Cannabis. However, the field of medicinal cannabis in the Czech Republic is a developing field and the demand for it surpasses the supply.
Some laws are set in stone while some are flexible, to know more about laws imposed on cannabis in the Czech Republic. Contact your Damalion expert now to setup your Czech company.
