This month, the Czech Senate approved new restrictions on the sale of milder psychomodulatory substances, including Kratom and hexahydrocannabinol (HHC). If the president signs the legislation, these substances will be available for purchase only by adults and in designated stores starting in December.

On Wednesday, the senate passed an amendment to the Act on Addictive Substances, responding to worries about the unregulated availability of certain psychomodulatory substances to minors. Earlier in the year, primary school children in Karlovy Vary were poisoned after eating gummies that contained a cannabis derivative.

The amendment also extends to Kratom, which is currently legal in Czechia. However, because Kratom is used to treat chronic pain and opioid dependency, a total ban will not be considered. 

Senator Karel Zitterbart explained the situation: “Currently, there are no regulations on the sale of Kratom, allowing children as young as 14 to buy it without any oversight at the local convenience store. We also recognize that repression is ineffective; it would simply drive the sale of these substances into the black market. Thus, it makes sense to establish regulations.”

Senator Roman Kraus, chairman of the Senate Committee on Healthcare, explained the intent of the amendment: “The objective is to strictly regulate the market without prohibiting or criminalizing either sellers or users. Additionally, I want to point out that it’s estimated that around 200 to 300 tons of Kratom will be sold in Czechia each year, highlighting the significance of this amendment for public health protection.”

The amendment was first approved by the Lower Chamber of Deputies in May. In the months that followed, the Ministry of Health sought the European Commission's approval, as the proposed restrictions would be unprecedented within the European Union. The ministry aimed to confirm that a ban on the export of these substances or their cross-border sale would comply with EU common market regulations.

The proposed amendment categorizes substances based on their level of risk, establishing a group subject to regulated sales. These substances would only be available in specialized stores and could not be sold in vending machines or marketed as toys or candy. 

Additionally, the amendment will impose restrictions on online sales, requiring sellers to verify the buyer's age. Until a substance is assessed and approved by the Ministry of Health, it will be prohibited. HHC was previously added to the list of prohibited addictive substances in March, a status that will remain in effect until the end of the year.

The amendment coincides with a new proposal from the Czech Ministry of Health regarding the possession of Cannabis plants. The ministry wants to legalize the personal cultivation of up to three plants, but experts have labeled the proposal unrealistic. A concern is that the law would allow growers to keep only 50 grams of dried cannabis, which is far less than what is typically produced by a single plant. 

Jindřich Vobořil, a former government anti-drug agent, told the news site Novinky.cz that while the plan is “good symbolically, it won't be feasible in practice.”