In recent months, the Czech Republic has seen an alarming increase in the number of poisoning cases involving products containing hexahydrocannabinol (HHC), hexahydrocannabinol-O-acetate (HHC-acetate, HHC-O) and tetrahydrocannabiforol (THCP). As children and adolescents were among those affected, the Ministry of Health reacted by adding these substances to the list of addictive substances (List 4, psychotropic substances).
What does being on this list mean?
Prohibition! These substances can no longer be legally handled. It will be prohibited to buy and sell them, to acquire or dispose of other rights in rem or obligations in respect of them, to negotiate such contracts and to act as an intermediary in their conclusion. Their use will continue to be restricted to limited research, scientific and very limited therapeutic purposes as defined in the handling authorisation.
Inclusion in the list of addictive substances has an additional consequence, namely the impossibility of selling food containing them: according to Article 5 of Decree No. 58/2018 Coll. on food supplements and food composition, narcotic and psychotropic substances included in the list of addictive substances may not be added to food. This mainly concerns so-called edibles, i.e. all kinds of sweets, biscuits, etc., to which HHC in particular has been widely added.
Risks for consumers and businesses
For consumers, this means that they will be criminally liable if they possess similar products in more than a small amount after the entry into force of the Government Decree amending Government Decree No. 463/2013 Coll. on the List of Addictive Substances, as amended (i.e. after 6 March 2024). The same applies to entrepreneurs who produce, distribute, import or export such products.
But it is much more interesting!
- The government's decision to change the law had to be approved by the European Commission. WHY?
- The amendment will have limited validity. WHAT?
- But even after the expiry date, this area will not remain unregulated. HOW WILL IT BE REGULATED?
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