The principal law regulating conditions for the cultivation and handling of cannabis plants and cannabis preparation in the Czech Republic is the Act on Dependency Producing Substances. Two different regimes shall apply to cultivation and handling of cannabis plants and cannabis preparations:
- the first regime is the cultivation and handling of cannabis plants containing more than 0.3 % substances of THC (so called medical marijuana).
- the second regime is the cultivation and handling of hemp plants. The hemp plant is a species of cannabis plant in which the content of THC substances does not exceed 0.3 %. The content of CBD substances is irrelevant.
The cultivation of THC cannabis plants for medical is according the Czech Act on Dependency Producing Substances allowed only for (i) medical purposes on the basis of a license granted by the State Institute for Drug Control, or (ii) for scientific and research purposes by research or scientific workplaces established by Czech law or by the state which are authorized by the Ministry of Health to handle the cannabis plants.
The licence is granted in a two round tender organized by the Czech State Institute for Drug Control whereas only a person who has documented its ability to ensure that cannabis plants are grown according to the standardized procedure leading to a constant quality of cannabis plants will be considered for the tender.
On the other hand, the cultivation of the hemp plants and CBD production from the hemp plants such CBD oil, CBD drops or CBD cosmetics products are less controlled in the Czech Republic, but still are subject to certain regulation which must be observed. Particularly, the grower who wishes to cultivate the hemp plants on the area exceeding 100 m2 is obliged to submit periodical reports to the locally competent customs authority. Also, the permit for permit issued by the Ministry of Health is required for handling of the hemp plants and CBD production unless stated otherwise in the Act on Dependency Producing Substances.
The special rules also apply for the import or export of cannabis plants (marihuana) and cannabis preparations from and to the Czech Republic, whereas a special import/export permit issued by the Ministry of Health may be required.
As the Czech Republic became one of the cannabis planting and production countries, rutland & partners have been representing cannabis plants growing companies intending to do business in the Czech Republic. We have also represented foreign businesses in the government tenders for growing medical marihuana. Due to this fact we have acquired a thorough knowledge of the Czech legislation regulating the hemp and cannabis planting and processing and are able to help you in this area.
For more information please contact:
Monika Rutland, partner
rutland & partners, advokátní kancelář s.r.o.
tel: +420 226 226 026