New law aims for more liberal policy on psychoactive substances – but there’s a hitch
The Czech government has moved to liberalize its policy on kratom and other psychoactive drugs. Under a new law that came into force in January, substances considered low-risk will be sold under strict conditions to adults only. However, the premature lifting of the ban on their sale is causing problems.
After many years of controversy on the issue, last year the Czech government opted for a new approach to soft drugs –aiming to get them off the black market in favour of strictly regulated sales. To that effect, the Health Ministry announced a classification of narcotics into three categories.
The first category includes prohibited addictive substances that are considered highly dangerous to public health, such as heroin or methamphetamine and are strictly banned. The second category, encompasses mostly new substances still under review, the effects of which are not yet fully understood. The third category includes low-risk psychoactive substances such as the plant based kratom and low THC cannabis, which are considered safe for regulated sale to adults, under strict conditions.
Health Minister Vlastimil Valek unveiled details of the plan late last year, saying it would help bring drugs use in the country under control.
“Psychomodulating substances will be accessible legally under strict conditions, because we know what their health risks are. A typical example of this is kratom. And then there are the various new substances with which we are not yet familiar and which are being reviewed as they appear and will be studied over a certain period of time. They will not be sold, but their possession will not be criminalized.”
In line with this vision, the Czech Parliament approved a law that took effect at the start of 2025 that restricts the sale of kratom and other psychoactive substances to specialized outlets and only to people over the age of 18. These substances can no longer be sold in vending machines or be present in sweets. They must come with a health warning and the specialized dealers licensed to provide these products will be under close scrutiny.
At the same time, the ban on the sale of kratom and other psychoactive substances primarily intended to protect children was lifted at the end of 2024.
Although this liberal approach won approval from many drugs experts, the first step towards liberalization was not entirely successful. The Health Ministry failed to deliver the implementing regulations to the new law on time, meaning that although the respective legislation is now in place, the regulations enabling its implementation will not be introduced before July 1 of this year –creating a six-months legal vacuum. So while officially Czechia is set to introduce regulated sales of kratom and cannabis with up to 1 percent THC starting in July 2025, the ban on their sale has already been lifted.
As a result, kratom and other psychomodulating substances have suddenly become available without the severe restrictions that the law was intended to impose and can easily get into the hands of children. Curiously, kratom is even being sold as a souvenir that is not intended for consumption, merely as a collectors’ item.
The danger that this poses to minors has drug policy experts ringing alarm bells. And while the Health Ministry is scrambling to rectify the failing, there is no quick fix in sight.
