The government is preparing an absurd regulation of CBD using psychoactive substances
Author: Ondrej Stovicek
ban on CBD in the Czech Republic? Although this sounds unbelievable, the situation is developing in this direction. The Ministry of Health (MZ) has prepared a draft of the List of Psychoactive Substances (PML). Psychoactive substances started being addressed in 2023 primarily for the purpose of regulating kratom and HHC, and now it is also supposed to include technical CBD hemp with up to 0.3% THC.
If the proposal is approved, it would mean restrictions on the sale and availability of CBD products (drops, capsules) that are used by millions of people in the Czech Republic. Experts, growers, and users of CBD strongly oppose this step, but the government continues its actions. What are the reasons, and what is at risk if this regulation is adopted?
From open regulation to restriction
In 2022, the Czech Republic allowed the free use of technical hemp for food, cosmetic, and industrial purposes. For a long time, it seemed that the state understood the difference between technical hemp and hemp with high THC content. While many countries, including the USA, Germany, Poland, and Austria, are moving towards loosening regulations, the Czech Republic is now taking steps in the opposite direction – it wants to absurdly classify CBD hemp among kratom and other addictive substances.
What is wrong with classifying CBD products as psychoactive substances?
First and foremost, CBD has no psychoactive substances and thus does not fulfill the primary purpose or definition of psychoactive substances. CBD is not psychoactive, and according to the World Health Organization, its use does not pose any risks; on the contrary, it is used in addiction treatment for some addictive substances. However, the government's proposal classifies CBD drops within hemp extracts as psychoactive substances, which must, among other things, state that they have psychoactive effects.
Psychoactive substances are also, according to the law, prohibited for people under 18 years of age. Therefore, administering CBD drops to those under 18 would constitute a criminal act, and users would be at risk of criminal prosecution.
Moreover, as Mr. František Švejda states: “Low-potency hemp products are already regulated by Czech and European legislation, and the new proposal contradicts this legislation. We are the only country in the EU proposing such an ill-conceived draft for approval. For example, in Germany and other countries, the legislation regarding hemp substances is much more lenient because they are not substances that can be abused, and moreover, this is a new innovative market that helps the economy through employment and higher tax revenues.”
Strange circumstances of the approval process
The entire process of adopting the draft of the List of Psychoactive Substances raises doubts. The Ministry of Health published the draft on December 20, 2024, while the public consultation ended on December 27. During the Christmas holidays, authorities and experts had only two working days to respond. Such a procedure gives the impression that it is an attempt to bypass proper public discussion.
What impact would the PML have on the market and consumers?
If the regulation were approved in the proposed form, it would be disastrous for the Czech hemp market. Companies would face high fees (600–800 thousand CZK per year) for a license to sell substances on the PML, which would lead to multiple price increases for CBD products.
“We don’t know if our customers will be able to afford it. We are considering relocating the business to Poland,” says Jiří Nutil from the company Konopný táta.
Representatives of the company Zelená země add: “It makes no sense. The problem is more with uncontrolled consumption of kratom and synthetic cannabinoids like HHC. CBD products with up to 0.3% THC have no psychoactive effects. It's like trying to solve alcoholism by taxing non-alcoholic beer.”
František Švejda - a consultant and entrepreneur with 10 years of experience in the technical hemp processing industry, and a member of the executive board of the Czech Hemp Cluster, which brings together the largest Czech producers and sellers of hemp products – commented in simple points on what would happen if the proposal passed:
- Producers and sellers of hemp products would move their businesses abroad, and customers would order products from abroad (DE, PL, ...), and the state would lose any control because it would not be able to check every shipment and its contents.
- The state would lose economic profit from the rapidly growing innovative segment.
- The state would bring embarrassment when it becomes clear that the legislation does not align with EU legislation, which has already been approved, leading to long legal disputes with unpleasant media publicity.
- The Ministry of Health would cause legal chaos, as most hastily issued regulations would be annulled by courts for being in conflict with existing laws, but the economic damage would not be repaired.
What are the alternatives?
Experts propose other solutions instead of classifying CBD in the PML:
- Herbal product for smoking – CBD flowers could fall under the category of tobacco products, thereby being subject to excise duty.
- Regulation similar to alcohol – CBD oils could be regulated as alcoholic beverages, ensuring control of sales and tax revenue.
- Exclude hemp products with up to 0.3% THC from the proposal and the list of psychoactive substances, as these are substances with no psychoactive effects that cannot be abused. Such a proposal was also made by former National Drug Coordinator Mr. Jindřich Vobořil, who is a co-author of the legislation regulating psychoactive substances.
- Start communication with professional associations in the field to ensure the proposal makes sense and addresses what needs to be addressed, namely the abuse of psychoactive substances.
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What is the future of CBD in the Czech Republic?
Prime Minister Fiala promised reasonable regulation in 2023. What is his position now? If the government approves the PML list in the proposed form, it risks not only protests from experts but also a legal dispute with the European Commission. Meanwhile, Czech consumers will be forced to buy CBD products abroad, where they will be significantly cheaper and freely available.
The government will decide soon. If the proposal passes, Czech CBD companies will be at risk. And consumers? They will buy their products elsewhere – in Poland, Austria, or Germany. Absurd? Yes. But this is exactly the kind of absurd situation we are experiencing.
Resources:
https://www.facebook.com/photo/?fbid=1177434681057741&set=pcb.1177448131056396
https://addiction-policy.eu/article-detail/679a069c762fa00af4f25b66