Cannabis law and legislation in Czech Republic

Growing cannabis for medical use is allowed upon obtaining a licence to plant cannabis plants and a permission to dispose of addictive substances and products related to medical cannabis. The licence is issued by the State Institute for Drug Control for a maximum period of five years and can be prolonged (the request for prolongation must be submitted by the licence holder 6 months before expiration at the latest). The permission is issued by the Ministry of Health for a maximum period of five years and it can be prolonged similarly to the licence (the request for prolongation must be submitted 6 weeks before the expiration of the permission). Cannabis for medical use cultivated in the Czech Republic may only be sold to another holder of the permission issued by the Ministry of Health, the same applies to the transfer of other rights related to addictive substances.

To import cannabis for medical use, an import permit from the Ministry of Health is required. Such permit is issued for maximum of three months. An individual permit is required for each individual import.

Patients can have access to cannabis for medical use only upon electronic prescription from healthcare professionals, only to patients of 18 years of age or older and only for certain symptoms, such as chronical inconsolable pain or nausea in connection with treatment of HIV disease. The amount is limited to up to 180g in total of dry cannabis per person per month. In relation to the use of cannabis within ambulant care, public health insurance covers only 90% of the price 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 condition requires.

Violation of the statutory obligations can result in administrative fines of up to CZK 10,000,000 (approx. EUR 408,000).

The recreational use of cannabis is not allowed in the Czech Republic.

Cannabis that contains a maximum of 1% of THC is permitted for industrial, technical and garden purposes, including sales. The growing of industrial cannabis on more than 100 m2 of land must be notified to the competent customs authority. Violation of the statutory obligation to notify the growing of industrial cannabis on more than 100 m2 may be subject to an administrative fine up to CZK 1,000,000 (approx. EUR 40,800).

Legal rules regulating the use of cannabidiol (CBD) within different products are not unified in the Czech Republic and this area is currently rapidly evolving.

Various CBD products are offered and advertised in the Czech Republic but such products often do not meet legal requirements.

As regards food supplements, there is an elementary condition that these products contain no psychotropic or addictive substance, e.g. tetrahydrocannabinol (THC). There is a zero tolerance for THC in food supplements in the Czech Republic.

Pursuant to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015, CBD is considered a so called “novel food” and before it can be placed on a market, an authorisation under the above Regulation is required.

However, the Czech State Agriculture and Food Inspection Authority is of the opinion that products from hemp leaves or seeds which naturally contain CBD are not considered “novel food”. On the other hand, synthetic cannabinoids are considered “novel food” and they would require authorisation under the above Regulation before they could be placed on the market.

As regards CBD smokes, it needs to be distinguished between e-cigarettes (and liquid fills / cartridges) and herbal cigarettes (smokes).

Under current law, use of CBD within e-cigarettes is not permitted at all. On the other hand, the use of CBD in herbal cigarettes is permitted. Of course, no THC can be present.

In any case, it is prohibited to manufacture any CBD products for oral use which are made of either the flowering or fruiting tops of the cannabis plant, regardless of the THC content in the original cannabis plant. 

As regards CBD cosmetics, Czech law only requires that cosmetics cannot contain any THC. Therefore, THC-free CBD cosmetics are legally permitted. This approach is not entirely in line with the recommendations of WHO and European Commission and there are currently discussions on this topic.

In the Czech Republic it is possible to patent a cannabis- based product. Nevertheless, if such a product is considered to be contrary to public order or good morals (e.g. a narcotic product) it is not allowed.

On 1 January 2022, extensive amendment to the Act on addictive substances (which regulates the use of cannabis)  came into effect. The biggest change is that industrial cannabis plants can contain up to 1 % of THC (compared to previous limit of 0,3 %). Other large change is that upon meeting the statutory requirements, anyone can obtain a licence for growing medical cannabis. Prior to this change, the licence was subject to public tender which lead to a situation where only one entity could obtain the licence, preventing others from growing medical cannabis.

However, in order for the changes to take full effect, new implementing regulation is required. The draft regulation is in the comment procedure and it is expected to come into effect in the first half of 2022. The regulation should specify the legal requirements for growing medical cannabis.