Increase in the lawful amount of THC in hemp to 1% in the Czech Republic

The world is witnessing an increase in the popularity of hemp products, with many countries reacting by adjusting their national legislation accordingly. This particularly concerns those laws which govern Cannabidiol (CBD) products and the permitted levels of THC (tetrahydrocannabinol – considered the main psychoactive ingredient in cannabis) in those products. The Czech Republic was the first country in Europe to legalise the use of medical cannabis in 2013 and is now set to follow suit with the adoption of a new bill in October this year, which comes into force on 1 January 2022.

For the most part, Act No. 366/2021 Coll. amends the provisions of Act No. 167/1998 Coll. on Addictive Substances (the “Addictive Substances Act”). However, it also introduces a significant new change: substances with hemp extract and tincture, which contain no more than 1% of THC and which meet the requirements for safety products as set out in Act No. 102/2001 Coll. on General Safety of Products, as amended, will no longer be considered narcotic or psychotropic substances.

Furthermore, the amendment to the Addictive Substances Act introduces a legal definition of “technical hemp”, which is a plant of the genus Cannabis from which hemp containing up to 1% of THC substances can be obtained, or which comes from the seeds of the varieties listed in the Common Catalogue of Varieties of Agricultural Plant Species. From 1 January 2022, it will no longer be required to hold a licence under the Addictive Substances Act to handle “technical hemp” plants, particularly for industrial, food, cosmetic, technical and horticultural purposes.

As well as the changes mentioned above, the amendment sets out new rules concerning the production of hemp plants for medical purposes and their distribution. According to the amendment’s reasoning, the changes will significantly reduce the prices of medical hemp for patients and the whole system will become more efficient and better serve its initial purpose: providing help to those patients who need it.

The Czech legal regulation of CBD products and the maximum allowed level of THC varies according to the product: food and food supplements, cigarettes, cosmetics, etc. In addition, different regulatory authorities oversee the respective products and their views and opinions on CBD and THC are not always aligned. Therefore, it is necessary to analyse this amendment to the Addictive Substances Act and its impact on the respective legal regulations on a product-by-product basis.

By raising the level of THC allowed in hemp to 1%, the Czech Republic will come into line with Switzerland where a similar regulation has been in place since 2011. This far exceeds the future threshold of the European Union, who on 2 December adopted the new Common Agricultural Policy, which will increase the THC limit in hemp to 0.3% from 1 January 2023.

With the new act and the clear definitions it provides, the Czech Republic is creating an environment in which a greater number of hemp varieties can be grown and distributed.

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