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Key Provisions of the Law of the Czech Republic “On Narcotic Substances and Amendments to Certain Other Laws”

Published: August 22, 2024
On June 11, 1998, the Czech Republic adopted the Law “On Narcotic Substances and Amendments to Certain Other Laws” No. 167/1998 Sb. (Zákon o návykových látkách a o změně některých dalších zákonů No. 167/1998 Sb., hereinafter referred to as the Law).

    The document regulates:
  • usage, export, and import of narcotic substances;
  • usage, export, and import of preparations containing narcotic substances;
  • cultivation, export, and import of poppy, hemp, and coca.
Definition of Key Terms
    To avoid erroneous and ambiguous interpretations, the Law provides definitions for key concepts:
  • Narcotic Substances: Substances of natural or synthetic origin with psychoactive effects (excluding extracts and tinctures of hemp containing no more than 1% of substances from the group of tetrahydrocannabinols).
  • Preparation: A solution, mixture, or medicinal product containing a narcotic substance (excluding solutions, mixtures, medicinal products with extracts or tinctures of hemp containing no more than 1% of substances from the group of tetrahydrocannabinols).
  • Poppy Straw: All above-ground parts (except seeds) of the opium poppy (Papaver somniferum L.), except for whole poppy plants intended for decorative purposes.
  • Hemp: The flowering, fruiting tops of the cannabis plant or the entire above-ground part of the cannabis plant, including the tops.
  • Hemp for Medical Use: Hemp used for therapeutic purposes.
  • Medical Cannabis Plant: A cannabis plant cultivated for subsequent therapeutic use.
  • Industrial Hemp Plant: A cannabis plant from which hemp can be obtained with a content of no more than 1% of substances from the group of tetrahydrocannabinols.
  • Coca: All species of the Erythroxylon genus and coca leaves (excluding leaves from which ecgonine, cocaine, and other ecgonine alkaloids have been extracted).
  • Export or Import of Narcotic Substances: The physical movement of such substances from one state to another.
Handling of Narcotic Substances and Preparations
    Handling of narcotic substances and preparations refers to:
  • research, production, processing, storage, supply, and use of narcotic substances and preparations;
  • the purchase and sale of narcotic substances and preparations, as well as mediation and representation in the conclusion of such transactions.

A special permit is required for handling narcotic substances and preparations.

However, the Law identifies several categories of individuals who are entitled to handle narcotic substances without a special permit within the scope of their professional activities.

    These include:
  • medical staff of inpatient and outpatient healthcare facilities;
  • doctors who have an agreement with a medical insurance company to prescribe medicinal products;
  • pharmacists and pharmaceutical assistants;
  • veterinary doctors;
  • researchers of veterinary and human medicinal products, and sponsors of scientific experiments involving such medicines;
  • individuals purchasing medicinal products based on prescriptions;
  • police and customs authorities performing duties related to the control of narcotics and their circulation.

Additionally, no permit is required for handling industrial hemp used for industrial, food, cosmetic, technical, or horticultural purposes.

Issuance of a Permit for Handling

The permit for handling narcotic substances and preparations is issued by the Ministry of Health for a period of no more than 5 years. The application for the permit must be submitted on official letterhead.

An individual or legal entity whose permit is expiring and who intends to continue their activities must submit an application to the Ministry of Health for a new permit no later than 6 weeks before the expiration of the previous permit.

The Ministry of Health may revoke the permit if the holder is convicted of a crime related to this activity. The holder of a revoked permit may apply for a new one no earlier than 2 years from the date the revocation decision took effect.

If the activity for which the permit was issued is completely terminated, the individual or legal entity must notify the Ministry of Health. The permit will then be annulled.

Storage Rules for Narcotic Substances and Preparations

Narcotic substances and preparations must be stored in locked rooms with restricted access, in immovable lockable steel containers securely attached to the wall, ceiling, or floor.

Keys to the rooms where narcotic substances and preparations are stored must be issued only to authorized personnel and kept separate from other keys.

Narcotic substances, preparations, and equipment for their production must be protected from unauthorized access by round-the-clock physical security and electronic security systems.

Transportation of Narcotic Substances and Preparations

Narcotic substances and preparations may only be transported in lockable metal containers, suitcases with locking mechanisms, or sealed compartments of vehicles. During loading, transportation, and unloading, the carrier must ensure continuous security. Transportation routes must be kept confidential and should be changed periodically.

Narcotic substances and preparations containing them should be labeled in a way that only police and customs authorities can identify the contents being transported.

Trade in Narcotic Substances and Preparations
    Narcotic substances and preparations may only be sold to individuals authorized to handle them. The grounds on which a pharmacy will dispense a medicinal product containing a narcotic substance are:
  • an electronic prescription marked “strongly addictive narcotic substance”;
  • a prescription with a blue stripe issued in paper form;
  • an application with a blue stripe issued in paper form.

A veterinary preparation containing a narcotic substance can only be dispensed based on a prescription/application with a blue stripe, issued in paper form.

Export and Import
    A permit from the Ministry of Health is required for each type of narcotic substance and preparation being exported or imported. Reasons for which the authority may deny the issuance of a permit include:
  • Trade in narcotic substances prohibited by an international treaty signed by the Czech Republic;
  • Provision of incorrect or incomplete information in the application for an export or import permit;
  • The applicant for export-import activities having a criminal conviction related to narcotic substances and preparations.
Prohibited Actions with Narcotic Substances and Preparations
    According to the Law, narcotic substances and preparations are not allowed to be stored in customs warehouses. The following actions are also prohibited:
  • Sending narcotic substances by mail in ordinary packages through mailboxes;
  • Extracting opium from the opium poppy (Papaver somniferum L.);
  • Distributing mushrooms of the genus Psilocybe (Psilocybe);
  • Extracting resin and tetrahydrocannabinol substances from cannabis plants (Cannabis).

Cannabis, Coca, and Poppy

According to the Law, the cultivation of coca shrubs (Erythroxylon) and all varieties of the opium poppy (Papaver somniferum L.) containing more than 0.8% morphine in the dry capsules is prohibited. This prohibition does not apply to research institutions and botanical gardens engaged in the cultivation of plants for experimental purposes and for the development of new varieties.

Without a license, only industrial hemp containing no more than 1% of tetrahydrocannabinol substances may be cultivated. Cultivation of other types of cannabis requires a license for both individuals and legal entities (excluding research institutions and botanical gardens mentioned above).

A license for cultivating cannabis plants is issued by the State Institute for Drug Control for a period of 5 years. The license may be extended if necessary.

Reporting by Individuals with Permits for Handling Narcotic Substances and Preparations
    Individuals authorized to handle narcotic substances and preparations are required to provide the Ministry of Health with:
  • An annual report on the production, cultivation, consumption, destruction of narcotic substances and preparations, transactions involving them, and the volume of stocks;
  • A monthly report on the import and export of narcotic substances and preparations;
  • A forecast of production, cultivation, import, and export of narcotic substances and preparations for the following calendar year.

Reports must be submitted on official Ministry of Health letterhead in either written or electronic form.

Monitoring Compliance with the Law
    Compliance with the obligations arising from the provisions of the Law and decisions made on its basis is monitored by:
  • The Ministry of Health of the Czech Republic;
  • The State Institute for Drug Control;
  • The National Police of the Czech Republic;
  • The Customs Administration of the Czech Republic;
  • Regional authorities.

Inspectors from these institutions have the right to conduct inspections without prior notice.

Administrative Fines

Violators of the Law may be subject to administrative fines. The amount of the fine depends on the nature and severity of the violation and ranges from 500,000 to 10,000,000 Czech korunas.

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