Amendment to the Act on Addictive Substances – Possible Changes on the Cultivation, Processing and Storage of Cannabis
This month, December 2019, the MPs’ proposal to amend Act No. 167/1998 Coll., On Addictive Substances and Other Legislation, will undergo first reading. What changes in growing, handling and distributing cannabis containing more than 0,3 THC (and other addictive substances) will occur if this amendment is adopted? We try to describe the main changes in the article below.
What does the amendment change?
The subject matter of this Act is extended by point (d) of cultivation, processing and storage of hemp and hemp products in small quantities for owner’s use and complete transfer of hemp and hemp products in small quantities.
Section 15 Paragraph e) newly prohibits the obtaining any cannabis products by other means than allowed and under the conditions stipulated by this Act.
However, the most important change is the addition of §24c: Growing, processing and storage of cannabis for owner’s use and its free transfer – it will be possible to grow, process and store cannabis without the handling permit.
So anyone can grow, process and store cannabis in Czech Republic?
Anyone who fulfills the conditions given by the valid legislation can grow, process and store cannabis.
What conditions must I meet to grow cannabis without permission?
Cannabis can only be grown by a person over the age of 18 who is of good character and who has a permanent residence in the Czech Republic. However, this person must also comply with the following restrictions.
The first limitation concerns the number of allowed plants. A maximum of five cannabis plants may be cultivated or processed.
The second restriction concerns the place where cannabis plants are cultivated or processed. It must be in a dwelling or on land or in a building situated on a land which is not publicly accessible, and which is the subject of a private ownership (hereinafter referred to as “dwelling”).
The third restriction concerns the amount retained in and outside the dwelling. The amount of cannabis may not contain more than 1250 g of cannabis dry mass or products made from this amount of dry mass containing not more than 250 g of THC . When it comes to the outside, not more than 30 g of hemp dry mass or extracted therefrom of hemp products containing not more than 6 g of THC outside can be handled.
For the purposes of this Act, a person who has not been convicted of a deliberate criminal offense or is regarded as not convicted shall be deemed to be of good character.
Can I sell cannabis to a third party in the case defined in Section 24c?
No, only free transfer to a third party over 18 years of age is allowed. The authorized quantity shall not exceed 30 g of the dry mass of hemp or the hemp products obtained therefrom. It should be noted that this section deals with the cultivation of cannabis for owners use and does not concern the cultivation of e.g. medical cannabis which is intended for sale.
What happens if I do not restrict third parties’ free access?
A natural person who cultivates a hemp plant for his own use, processes and stores hemp or hemp products shall prevent third parties from having free access to hemp plants, hemp and hemp products. If he fails to do so and makes the cannabis, hemp or hemp products available to third parties, it is a violation of Section 24c (3), he will commit an offense for which a fine of up to CZK 15,000 may be imposed.
Section 2 contains newly added paragraphs g) to l) which define the basic terms of the newly added paragraphs.
- The hemp product is mainly hemp dry matter, extracted oil, concentrates, extracts and other mixtures obtained from hemp.
- Cannabis plant is any plant of the genus Cannabis.
- The cultivation of a cannabis plant is the cultivation of a cannabis plant up to the harvesting stage when its canopy is flowering or fruiting.
- Cannabis processing is a process consisting of drying, extracting and otherwise processing the hemp plant to obtain any hemp products.
- Treatment of addictive substances and preparations within the meaning of Section 3 of this Act shall not be considered as possession of hemp or hemp products.
- Free transfer is the abandonment of cannabis or cannabis products to another person over the age of 18 without any related consideration.
If the amendment passes the entire legislative process successfully, the changes described above will occur. Do not be afraid to contact our law firm rutland & partners with any legal question related to this topic.
For more information please contact:
Monika Rutland, partner
rutland & partners, advokátní kancelář s.r.o.
tel: +420 226 226 026