CURRENT SITUATION IN THE CZECH REPUBLIC
Patients in the Czech Republic have the right to be treated with non-technical cannabis from April 1, 2013, when the relevant law č. 50/2013 Sb. O léčivech a návykových látkách was adopted.
The conditions of cannabis treatment were amended decree MZ č.236/2015 Sb with effect from October 17, 2015.
Chronological overview of the process of opening cannabis treatment to patients in CR
August 12, 2022 The decree was published in the Collection of Laws under No. 235/2022 on the cultivation and processing of cannabis plants for medicinal use, which lays down the rules of proper cultivation practice and other conditions for Czech growers of medical cannabis who can apply for a license.
August 10, 2022 Decree No. 219/2022 Coll., which expands the “Cannabis Decree” No. 307/2020 on the use of extracts from medical cannabis, entered into force.
July 1, 2022 Implementing decrees for the amended laws have still not been issued, so those interested in growing medical cannabis cannot apply for a license. In addition, the contract for the supply of domestic medical cannabis from Slušovice has already expired and only imported cannabis is available in pharmacies. SÚKL and SAKL again do not act and do not fulfill the intentions of the laws. KOPAC is asking for the barrier to be removed.
January 1, 2022 As Act No. 366/2021 Coll. the amendment to Act No. 167/1998 Coll., on addictive substances, which regulates the conditions for growing medical cannabis and issuing licenses, entered into force. This is supposed to replace the announcement of tenders, increase the number of suppliers, enable them to export medical cannabis abroad and thereby reduce costs and reduce the final pric e for patients.
January 1, 2021 The removal of cannabis and cannabis resin from the Schedule IV entered into force, after a vote on 2 December 2020 by the UN Commission on narcotic drugs. Since 2021, cannabis and cannabis resin remain listed in Schedule I of the Single Convention, alongside extracts and tinctures of cannabis.
January 1, 2020 The law provides for the reimbursement of 90% of the price of cannabis issued in the pharmacy from public health insurance up to 30 g / month (higher quantities are subject to the approval of the reviewer) – ie the patient pays only 10% of the price. In the price regulation, the Ministry of Health sets the maximum price for cannabis. The law requires doctors to provide information on the outcome of treatment to SIDC.
October 8, 2019 The president signed the law effective from 1.1.2020.
July 25, 2019 The Senate of the Czech Republic discussed the amendment to the Act on Treatment and returned it to the Chamber of Deputies.
July 18, 2019 The meeting with the Ministry of Health and the Director of SIDC regarding the objections of KOPAC to the amendment to the Act failed to reach an agreement. Another protest against the anticipated wording, we send an open letter to the Prime Minister.
July 15, 2019 The amendment proceeds for consideration in the Senate of the Czech Republic. We are sending a request to the Senators and the Health Committee to reject the proposal zde.
May 20, 2019 Despite our objections, Parliament is discussing the proposed wording of the Act. KOPAC still fights for its abolition. Press release in Czech.
February 1, 2019 Czech medical cannabis with 6% THC and 7,5 %CBD is available! SIDC informs that it took a delivery of 1,05 kg (!) from the local producer Elkoplast Slušovice s.r.o.
January 29, 2019 Ministry of Health has published a proposal of the legislation to cover cannabis treatment. A maximum of 30 grams per month is to be paid from the public health insurance system by 90% (ie a 10% patient surcharge). A maximum price is to be set in the Act on Treatment. Doctors will be required to provide treatment data to SIDC. KOPAC disagrees with this proposal which will restrict an access to the cannabis treatment. The message in Czech is here.
June 25, 2018 „Czech medical cannabis” is available in pharmacies! It costs more than the imported one, price is about 180 CZK per gram. Press release of SIDC in Czech is here.
June 18, 2018 Company Annabis Medical has imported medical cannabis from Canadian company Canopy Growth Corporation. Sale price of variety with 18,8% THC is about 140 CZK/gram, balanced variety will be delivered soon.
January 18, 2018 „Czech cannabis for medical use“ is still not available in pharmacies. Company Annabis has imported medical cannabis from Canadian company Tilray. Sale price of variety with 16% THC is about 200 CZK/gram, balanced variety with 10% THC:10% CBD costs about 250 CZK/gram.
August 25, 2017 The framework agreement for the supply of cannabis for medical use entered into force between the State Institute for Drug Control (SIDC) and Elkoplast Slušovice s.r.o. The message in Czech is here: http://www.sakl.cz/footer/archiv-novinek/uzavreni-ramcove-dohody-na-dodavku-konopi-pro-lecebne-pouziti
May 17, 2017 A new tender “The delivery of Czech cannabis for medical use“ was announced. The deadline for submission is up to 10 July 2017.
April 20, 2017 A meeting of the Working Group on the Therapeutic Use of Psychoactive Substances and Plants of the Council of the Government of the Czech Republic on the inaccessibility of medical cannabis in the Czech Republic was held with the participation of representatives of KOPAC.
April 7, 2017 The third tender was cancelled, because the only one tenderer has withdrawn from it.
23 January 2017 The third tender was announced because the previous one was unsuccessful. But the terms of conditions remain the same.
9 January 2017 SIDC canceled the tender. Press release KOPAC in Czech is here: http://kopac.cz/tiskova-zprava-kopac-statni-ustav-pro-kontrolu-leciv-poskozuje-pacienty-kteri-se-leci-anebo-by-se-chteli-lecit-konopim-pro-lecebne-pouziti/
13 October 2016 A new tender “The delivery of Czech cannabis for medical use“ was announced.. But the terms are very strict and economically disadvantageous.
18 August 2016 A meeting of KOPAC with SIDC about intention to announce the second tender “The delivery of Czech cannabis for medical use. Disscussion on needs of patients and ask for other cannabinoids ratio (specially balanced THC:CBD).
June 20, 2016 Application of SLKK was rejected. The reason for this is that medical cannabis treatment does not deserve its own society because it is „only“ phytopharmacology.. We do not agree with this arguments and do not give up our intention. We will estabilish SLKK in another legal form – NGO – to be able to provide an education.
May 10, 2016 Request to estabilish a „new cannabis society“ SLKK was applied to Czech Medical Association JEP. It wants to guarantee further education of doctors and specialists at cannabis treatment..
2 May 2016 SIDC issued new General Provision OOP 02-16, which does not give the amount and terms of payment for individually prepared treatment containing cannabinoids from public health insurance.
April 19-21, 2016 UNGASS – Special UN General Assembly session on drugs, was held in New York, which seeks to remove cannabis from the list of UN Single Convention on Narcotic Drugs of 1961, which prevents wider use and research of medical use.
April 2, 2016 The first batch of “Czech medical cannabis” is delivered to pharmacies for a sales price of around CZK 100/gram.
March 1, 2016 SIDC issued new General Provision OOP 01-16, which suits our proposal and deleted medical cannabis from the prohibition of payment.
19 October 2015 A new “Cannabis regulation” by the Ministry of Health comes into effect effectively repealing previous restrictions. There are more diagnoses and specializations included (e.g. dermatology, ophthalmology), more cannabis per month available to patients (from current 30 gram to 180) and the variety restrictions are removed – cannabinoid content can vary from 0.3 to 21 % of THC and from 0.3 to 19 % of CBD.
20 April 2015 SIDC chooses company named Elkoplast Slušovice Ltd. as the Czech grower of medical cannabis. The price CZK 68 (VAT excluded – final price including VAT is CZK 78.20) per gram was agreed in the contract on April 7th 2015.
4 November 2014: SIDC finally provides access to the Central repository of electronic prescriptions meaning the whole system of prescribing cannabis for medical purposes is from this day operational.
28 May 2014: SÚKL announced competitive tendering VZSAKL01/2014 “Supplying cannabis for medical use”, where Czech growers can apply. The supposed value of demanded 40 kilograms is CZK 4 200 000 (VAT excluded) and should be ready in 12 months. The tender restricts possible varieties and allows only one with 19 % THC and 1 % CBD, which is suitable only for a handful od diagnoses.
25 July 2013: Ministry of Health issues “Cannabis regulation” č. 221/2013 Sb. setting the rules for prescribing, producing and dispensing individually prepared therapeutic products containing medical cannabis. The regulations are actually restricting possible modes of cannabis treatment, thus contradicting patients’ rights.
30 April 2013: Law No. 50/2013, the exact month, the Ministry of Health and the State Institute for Drug Control, but still failed to run “List Medicines limited by § 81a,” which according to the law should be fully operational from 1 April 2013. Consequently, it is not possible to offer therapeutic cannabis or legally prescribe or issue to treated patients and law and as a result no / activities of the Ministry of Health are not fulfilled.
29 April 2013: SIDC has published a General Provision 04-13 along with the settlement of the comments, as it has been delivered to the draft of the measure until 19 March 2013. Suggestions, objecting to the prohibition of payment of individually prepared remedies from health insurance filed: (1) Mgr. Henry Vobořil, MSc. (national drug coordinator Czech Republic); (2) Mr. Zdeněk Majzlík (father of a patient with multiple sclerosis); (3) The law firm PPK Partners on behalf of his mandant Martiny Kafkové (the patient with multiple sclerosis); (4) Mr. Michael Wagner (supervisor of the program under “Drugs,” Pirate Party); (5) MD. Tomas Zabransky, Ph.D. (Committee on Petitions Petition for the legalization of cannabis treatment); (6) Mgr. Martin Smetana, botanist; (7) Mr. George Kadrnka; (8) Mgr. Dušan Dvořák, MMCA (Chairman of the Board Diag Human Cannabis); (9) col. Mgr. George Frydrych (Commander of the National Drug Police); (10) Mgr. Martin Linhart (Director of the Security Policy Department of the Ministry of Interior); (11) Prof. MD. Richard Rokyta, MD. (Director of the Czech Medical Academy). Concurring Opinion on the proposal sent by the PLO, MD. Jarmila Bohumínská (representative of the Association of Health Insurance) and Miloslav Šlajsová (General Health Insurance Company). SIDC none of the comments grappled positively, General Provision 04-13, prohibiting insurance companies cover the treatment of cannabis should SÚKL be scheduled to enter into force on 14 May 2013.
15 April 2013: The Ministry of Health sent for comment a draft decree proceedings to which Government Departments (relevant ministries and inter-ministerial bodies) to send comments in an extremely substandard wway ithin five days. Ministry of Health, in its proposal, inter alia, attempting to limit the amount of cannabis which is indicated at 30 g per month regardless of the patient’s diagnosis, doctors take the opportunity to treat cannabis and its preparations persons younger than 19 years, regardless of the patient’s diagnosis.
None of these restrictive measures are not in the Explanatory Memorandum to the Decree supported by any studies or other appreciable medical or legal justification. The second limitation Miniostry health or SIDC is not even authorized by law, violates the rule and a silentio legis, under which the State authorities apply that if a certain fact is not regulated by law, then they do not have jurisdiction in the matter.
1 April 2013: Act to legalize the use of cannabis for therapeutic treatment and research enters into force, due to the absence of implementing legislation but in the latest revision of this text (23 April 2013) the Czech pharmaceutical market did not recieve a single milligram or therapeutic cannabis or individually manufactured medicinal product which contained the medical cannabis. The only proprietary medicinal product from hemp, de jure available on the Czech market since it was approved in 2010 imported in quantities of 2 packs (about a 3-week dose for the average patient with multiple sclerosis).
19 March 2013: SIDC within the statutory period received comments objecting to the content of the draft measures of a general nature, since more than ten bodies, including the chairman of the Czech Medical Academy prof. MD. Rudolph Rokyta, MD., From the Department of Homeland Security of the Ministry of Interior, the National Drug Headquarters of the Police of the Czech Republic, from several affected patients and the Committee on Petitions who Petition for access to cannabis for therapeutic treatment and research.
March 4, 2013: State Institute for Drug Control (SIDC) publishes the measure of a general nature Sp. sukls No. 17954/2013, at which point 5c) in the Czech Republic wants to enforce payment of the administrative ban therapeutic cannabis treated patients from health insurance. In justification, states: “This is a group of products of plant origin (…) absent evidence of effectiveness (…) There is no study demonstrating therapeutic value.”
March 4, 2013: Act promulgated in the Official Gazette in Chapter 22 under number/2013 Sb.
15 February 2013: Minister Heger in response to the interpellation Deputies Václav Votava (CSSD) party assuming the treatment of cannabis and its preparations of the resource (mandatory) health insurance equivalent to the statement: “(…) across all popular articles in newspapers and various proclamations is today irrefutable fact that the efficacy of cannabis as a drug is not taken as a serious drug in the pharmaceutical form is considered only as a supportive remedy and those today are virtually the full range covered ”
February 15, 2013: The law was signed by President Václav Klaus.
January 30, 2013: The draft discussed at the fourth session of the Senate. The Senate approved the proposal by 56 votes out of 62 present; none against, 6 senators abstained.
December 7, 2012: 3rd reading of the bill. The bill passed by 126 votes from the 154 deputies present; 7 MPs were against and 21 abstentions (resolution 1400).
February 3, 2012: Bill is sent to the Czech government for its opinion.
February 1, 2012: Bill as a parliamentary proposal circulated to Members of Parliament. Submitter of the proposal PSK verbatim acquired: Miroslava Nemcova (ODS), Pavel Bem (ODS), Milada Emmerová (CSSD),’s Bebarová-Rujbrová (the Communist Party, George Skalicky (TOP 09), Radek John (Public Affairs), George bristle (Public Affairs), George Koskuba (CSSD) and Michal Janek (TOP 09).
September 15, 2011: First meeting of 26 member PSK. Commission under the guidance of prof. Winters intensively for four months working on a consensual draft legislation for access to therapeutic cannabis (attended by the directors of the two departments Ministry of Health of the Czech Republic, Director of SIDC, representatives of professional societies, including the chairman CLS CLS JEP JEP prof. Blahoš, representatives of law enforcement and other government authorities , researchers and patients – list of members HERE).
August 2011: Prime Minister Petr Necas of the Czech Government sets up working group for access to cannabis for the treatment and research in the Czech Republic (PSK), chaired by prof. MD. Tomáš Zima and vice national drug coordinator, Executive Vice President of the Government Council for Drug Policy Coordination Mgr. J. Voboril MSW; closer vizhttp :/ / bit.ly/u5WRWo
August 16, 2011: ten-petition committee composed of physicians, researchers, representatives of patients and society publishes a petitionhttp://www.lecebnekonopi.cz/ to pique the interest of the media and politicians. The first is the demands of the petition, the day after its publication reports the President of the Chamber of Deputies Miroslava Nemcova.
May-June 2011: organizers parliamentary seminar in April 2010, addressed several patient organizations, whose members are (illegally and self-help) treating with hemp asking for further action and asking for help.
May 11, 2011: Health Minister Leoš Heger in response to a written question from the Dean of Faculty of Medicine March 1st Thomas Zima to take into account the conclusions of the parliamentary seminar of 2010 states that the treatment of cannabis “by experts who are actively interested in research or the potential use of cannabis for medical purposes we have not experienced virtually no concrete interest “(sic!) and the Ministry of Health can not” through reasons of time, “the legalization of cannabis treatment to include an amendment to the law on drugs or in an amendment to the Law on Narcotic Drugs and psychotropic Substances to be submitted by the end of 2011 Ministry imposes legislative plan of the government.
April 8, 2010: the Chamber of Deputies runs Seminar “Prospects for the treatment of cannabis: medicine, legislation, politics.” Program seminars, presentations and records of performances and discussions, plus a brief conceptual document emerging from the debate are available for download on www.adiktologie.cz/seminar. Finally, the seminar all participants experts, including representatives of government agreed that cannabis should be made available for the treatment of patients and that the process should start as the Ministry of Health responsible resort.
Marihuana in the legal order of the Czech Republic
- Opening
The following text is a brief summary of the legal framework for dealing with marihuana within the territory of the Czech Republic or outside the Czech territory by Czech citizens.
It is a description of legal regulation of the use of marihuana—both permitted and prohibited. We will explain the mechanism of prohibition of using marihuana and its limits. The main part of the text consists in the area of the permitted using of marihuana with the emphasis on medical use. We will explain the principles on which the grounds of the rules regulating this area are built. You will not find any deep philosophical contemplations or exact influence of using marihuana on living organisms in this text.
2. Marihuana in general
One of the fundamental rights granted to each and every person under the jurisdiction of the Czech Republic is free ownership. Any person may acquire things and dispose of them as he or she pleases. The state reserved to limit this right of ownership only in some specific stipulated cases. One of the limitations is that the exercise of the right of free ownership shall not endanger general interests protected by law.
The state can restrictively reserve ownership of a defined set of things to a defined group of persons—this is very important for a deeper understanding of laws governing permitted use of marihuana. The state may do so because of public interest.
These two rules enable the state to interfere in ownership of persons and are also the grounds of legal regulation.
It depends on political skirmishes, level of scientific knowledge and the general state of society, whether a thing is, or is not marked as dangerous for general interest protected by law. This general interest may mean public health, public order, general well being etc.
Marihuana is a movable pursuant to the legal order of the Czech Republic. The legal order of the Czech Republic knows marihuana under the botanic name: cannabis.
A cannabis plant is an item that ownership of which endangers general interests. The danger is deemed in the potential of owner, who decided to consume it, becoming addicted to it. Such an addiction is deemed undesirable concerning the moral growth of society…
3. Marihuana in the regime of special ownership
The Czech Republic categorizes marihuana among addictive and narcotic substances. It does so not only because of its own interests, but also of duties arising from international treaties.
The Czech Republic is bound by international treaties to combat production, distributing and trading of things that are listed on the list of addictive and narcotic substances.
The Czech law regulates the regulation of cannabis ownership.
The basis is the list of addictive and narcotic substances. The list was originally a schedule to the act on addictive substances. Now, it is an independent regulation in the form of government resolution. It enables the government to work with the list irrespective of Parliament. The government puts on the list such substances that advisory committees deem addictive or narcotic. Ministries (departments), specialized bodies of the government, Police of the Czech Republic, or NGOs focusing on combating addictive substances can be named as examples of advisory committees.
Any substance that induces a need to use the substance again, while this may or may not have bad effects on user’s health, can be deemed addictive.
Therefore substances that may not induce addiction—but are dangerous because of their strong psychotropic effect that may cause irreversible changes in health—have also been put on the list.
Substances mentioned in this government resolution are exempted from the regime of general ownership, and special regimes apply to them. The core principle of such a special regime is that the ownership of such substances is possible only on grounds of a license granted by the state. The basic process of grating such license is described in the act on addictive substances. Special procedures stated in norms of chemical, pharmaceutical and health law are applied to each group of substances.
Marihuana is mentioned on the list of prohibited substances as cannabis, cannabis tincture, cannabis resin, cannabis for medical purposes and its psychoactive substance THC.
The system of such listing enables to regulate ownership of any plant categorized under the name cannabis and also any products that include the plant or some parts of it.
- Prohibited usages of marihuana
In view of the fact that marihuana—cannabis—is on the list of prohibited addictive substances, its possession, using or disposition of it without a state license is prohibited. This ban is valid in the whole territory of the Czech Republic and for all citizens of the Czech Republic outside the territory of the Czech Republic.
Any breach of the ban is punishable with regard to gravity of the act breaking the ban.
The legal order of the Czech Republic uses two sanction mechanisms for punishing people breaking the law.
The law can be broken with an act of various levels of possible harm. The acts causing less harm are called misdemeanors, and bodies of local governments punish them. Acts causing more harm are called crimes, and only independent courts deal these with them.
The Penal Code precisely defines the elements of prohibited behavior. If these elements are not completely fulfilled the act is called a misdemeanor.
The legal order adopted the theory of dividing addictive substances into light and hard drugs (according to the potential to induce an addiction and according to the possible level of health harm). According to scientific knowledge, cannabis is listed among the light drugs.
The Penal Code is not referring directly to the list of prohibited substances, but it defines the addictive substance as alcohol, narcotic substance, psychotropic substance or other substances capable of unfavorably impacting human psyche or human controlling or cognitive faculties or social behavior. It is a wider group of substances than only the substances mentioned in the government resolution.
The Penal Code specifies the prohibited conduct:
§ 283
Unauthorized Production and Other Handling of Narcotic and Psychotropic Substances and Poisons
(1) Any person who produces, imports, exports, transports, offers, provides, sells or otherwise procures for another person, or possesses narcotic or psychotropic substances, products containing narcotic and psychotropic substances, precursors or poisons without authorization, shall be punished by a prison sentence of one to five years or a monetary penalty.
(2) An offender shall be punished by prison sentence of two to ten years or forfeiture of property if they committed an act referred to in Subsection 1
a) as a member of an organized group,
b) though they were convicted or punished for such an act within last three years,
c) to a substantial extent, or
d) to a greater extent against a child, or in a quantity larger than small against a child younger than fifteen years.
(3) An offender shall be punished by a prison sentence of eight to twelve years or forfeiture of property if
a) they caused grievous bodily harm by committing an ac referred to in Subsection 1,
b) they committed such an act with the intention of gaining a substantial benefit for themselves or someone else,
c) they committed such an act to a large extent, or
d) they committed such an act against a child younger than fifteen years to a large extent.
(4) An offender shall be punished by a prison sentence of ten to eighteen years or forfeiture of property if
a) they caused grievous bodily harm to at least two persons or death by committing an act referred to in Subsection 1,
b) they committed such an act with the intention to procure another large-scale benefit for themselves or someone else, or
c) they committed such an act in connection with an organized group operating in several States.
(5) Premeditation is punishable.
§ 284
Possession of Narcotic and Psychotropic Substances and Poisons
(1) Whoever for their own use, possesses the narcotic substance of cannabis, cannabis resin, or any psychotropic substance containing tetrahydrocannabinol, isomer, or its stereochemical variant (THC) in quantities larger than small without authorization, shall be punished by a prison sentence up to one year, punishment by disqualification, or forfeiture of items or other assets.
(2) Whoever for their own use, possesses another narcotic substance other than the ones referred to in Subsection 1 or a poison in quantities larger than small without authorization, shall be punished by a prison sentence up to two years, punishment by disqualification, or forfeiture of items or other assets
(3) An offender shall be punished by a prison sentence of six months to five years or a monetary penalty if they committed an act referred to in Subsection 1 or 2 to a large extent.
(4) An offender shall be punished by a prison sentence of two to eight years if they committed an act referred to in Subsection 1 or 2 to a large extent.
§ 285
Unauthorized Cultivation of Plants Containing Narcotic or Psychotropic Substance
(1) Whoever, for their own use, cultivates cannabis in quantities larger than small without authorization shall be punished by a prison sentence up to six months, a monetary penalty, or forfeiture of items or other assets.
(2) Whoever, for their own use, cultivates a mushroom or another plant other than the ones referred to in Subsection 1 containing narcotic or psychotropic substances in quantities larger than small without authorization shall be punished by a prison sentence up to one year, a monetary penalty, or forfeiture of items or other assets.
(3) An offender shall be punished by a prison sentence up to three years or a monetary penalty if they committed an act referred to in Subsection 1 or 2 to a greater extent.
(4) An offender shall be punished by a prison sentence of six months to five years if they committed an act referred to in Subsection 1 or 2 to a greater extent
§ 287
Spreading Toxicomania
(1) Whoever entices another person to the abuse of addictive substances other than alcohol or supports them in it, or whoever otherwise encourages the abuse of such substances or distributes them, shall be punished by a prison sentence up to three years or punishment by disqualification.
(2) An offender shall be punished by a prison sentence of one to five years or a monetary penalty if they committed an act referred to in Subsection 1
a) as a member of an organized group,
b) against a child, or
c) by the press, film, radio, television, publicly accessible computer networks, or other similarly effective means.
(3) An offender shall be punished by a prison sentence of two to eight years if they committed an act referred to in Subsection 1 against a child younger than fifteen years of age.
From the above-mentioned overview of the bodies of crimes and their specifications it is obvious that the law leaves only a minimal space for practices connected with cannabis that are not deemed crimes. There are, maybe, only acts that do not reach, according to the Penal Code, such a high level of harm for society and therefore these acts are listed as misdemeanors.
The first possibility is receiving cannabis or products made of it in a quantity smaller than small.
The second practice is cultivating plants of cannabis for the person’s own needs, also in a quantity smaller than small.
The basic concept is the words: a quantitylarger than small. The Penal Code does not define the exact quantityand it is referring to the government resolution that does include the exact quantity. According to the ruling of the Supreme Court, the quantity is larger than small if it is 10 grams of dried flowers and more.
If a person cultivates not more than 5 growing plants of cannabis or possesses not more than 10 grams of dried cannabis, all for the person’s own needs, the person is than penalized according to the S. 30, letter g and h,the Misdemeanor Act. The person can be imposed a fine amounting to CZK 25, 000—50, 000. Also a ban on residence or forfeiture of a thing can be imposed together with the fine.
It is strange that the lawmaker, or government, chose the same criterion dividing two different acts for stating whether the act shall be deemed a crime or only a misdemeanor.
It is the quantity larger than small both in case of possessing for my own needs and also for cultivation for my own needs. If I choose to cultivate and will cultivate five plants, then I will dry them and get about 250 grams. If I get cannabis from other resources I have several grams in my pocket. It is not known yet how the Police proceed if a user cultivates for his need and has the whole harvest dried and stored.
Another group of crimes and misdemeanors is the acts completely allowed, but they become a crime or misdemeanor only because the blood of the acting person contains the active substance – THC. We are talking about situations when everyone who is in the situation is demanded stronger concentration or caution. If the person has THC over the limit in his blood, it is a prohibited conduct.
§ 274
Threat under the Influence of Addictive Substances
(1) A person who performs employment or another activity which could endanger human life or health, or cause substantial damage to property in an incapacitated state that they inflicted by the influence of addictive substances, shall be punished by a prison sentence up to one year, a monetary penalty, or punishment by disqualification.
(2) An offender shall be punished by prison sentence of six months to three years, monetary penalty, or punishment by disqualification if
a) they caused an accident, traffic or other accidents, bodily harm to another person, or larger damage to a stranger`s property or other serous consequences by committing an act referred to in Subsection 1,
b) they committed such an act during the course of employment or other activities during which the effects of the addictive substances are particularly dangerous, especially if they operate a means of public transport, or
c) they were convicted for such an act over the last two years or released from serving a prison sentence imposed for such an act.
This body of the crime does not require an offender to hold or dispose of the addictive or narcotic psychotropic substance (cannabis in our case). The important element of the body of the crime is the presence of the substance in the offender’s blood in the time of the conduct.
The Penal Code does not regulate the process assuring getting valid and usable information.
Act on the Police of the Czech Republic:
§ 31
(1) Any person who is obviously under influence of addictive substance may be put into a prison cell provided that the doctor after examining the person does not find any reasons for putting the person in a detox sobering-up cell or in another medical facility or after carrying out a medical treatment there is no reason to put the person in such a facility
(2) If the policeman finds out that the person who is about to be put in a prison cell is wounded or the person points out some kind of serious illness or there is a reasonable suspicion that the person suffers from this kind of illness, the policeman shall secure a medical examination and asks the doctor for the medical opinion.
A process for how to get the asked parameter proving thousandths of addictive substance is described further:
§ 67
Obtaining Information in connection with Exposing and Investigating Misdemeanors
(1) The Police are authorized, in connection with exposing and investigating a misdemeanor, to demand
a) extract from the Criminal Register in cases when any previous criminal punishments could lead to the qualification of the act as a crime,
b) conducting a medical examination when there is a suspicion of being under the influence of alcohol or other addictive substance by means of a breath test or taking saliva or sweat,
c) an expert medical examination for ascertaining the level of alcohol or other addictive substance including the taking of blood, urine, saliva or sweat also in the case that a person cannot de asked in advance to undergo the said examinations because of the person`s health, or
d) another expert opinion.
(2) Policeman is also authorized to execute an inspection of the place of misdemeanor, inspecting an item connected to the committed misdemeanor and attach clues.
(3) A person is bound to submit to the acts referred to in Subsection 1 item b) or c) if it is not dangerous for a person`s health.
(4) Blood test shall be executed whenever a person suspected of a misdemeanor asks for it.
In practice, the Police invite, on grounds of an authorization for a control, the controlled person to submit to a test revealing any content of addictive substances in body.
The police usually use a test revealing presence of substances in saliva, urine or sweat. It is easier for them. The problem is, however, that these tests do not prove the presence of the controlled substance in the body of the controlled person. These tests determine only the presence of substances that come into existence as metabolites of the effective substance. These metabolites can survive several months in a human body. They do not influence psychological and physiological activity of a human whatsoever. That is why there should be a blood test carried out in a medical center that precisely determines the content of effective substances in blood and can tell, based on the test, whether a driver is incapacitated and also determine his level of culpability.
If a controlled person refuses the blood test it is a misdemeanor, and the person is fined by the monetary penalty amounting to CZK 50, 000.
In this case, the same as with alcohol, there is a certain amount in per mille that determines whether the act is misdemeanor or crime.
Permitted use of cannabis in the Czech Republic
As it was already mentioned in the part devoted to the list of prohibited substances and the Act on addictive substances, it is possible to obtain the needed permission – the license authorizing holding, disposing of substances and turning them into other products. This permission may be obtained in administrative proceedings conducted by relevant public authorities. These authorities are mostly the authorities that have the authority to control the licensed subjects. The subject must, in the first place, prove a reason for disposing of such a substance. They must have employees and proper qualification. Further a business plan is needed and this plan may not be in contradiction with good morals and the law. The process of obtaining concessions, licenses or other exceptions authorizing a subject to disposing with substances in the special regime is a subject to controls of specialized authorities pursuant to the law.
Use of cannabis in textile and building business has created some pressure on its production. Because the main goal is not to gain the psychotropic substances it is possible to cultivate the so called “industrial cannabis” that has less ten 0.3 % of THC out of the total weight of the plant. This is so low concentration that people who use cannabis because of its psychotropic substance would not use it.
Any person who decides to produce industrial cannabis shall announce this fact to the relevant authority and the crop is then subject to a control. Female blossoms shall not exceed the aforementioned limit of THC.
Industrial cannabis finds its use not only in textile and building decoration business but also in other areas…
Using cannabis for medical purposes
Bases on examples from other countries and also on scientific knowledge, there we have a legislation in the Czech Republic that makes it possible that psychotropic substances containing cannabis may be used for medical purposes. Cannabis is then becoming a medicine that is equal with other pharmaceutical products.
It is, therefore, necessary to establish right cultivation practices and correct manufacturing practices.
International authorities provide, by giving us examples of right cultivation practices, information about the most suitable and needed proceedings and conditions for cultivation of specific plants. In case of cannabis for medical purposes, we are talking about not only the protection of plants, but also about specific requirements for hygiene, making sure the quality is standardized and the content of effective substances is well defined.
Productions of medicines must be governed by requirements of the Act on manufacturing medicines and the resolution on production and distribution of medicines that specifies the requirements for manufacturing premises, quality controls, personal policy etc.
The permission for disposing with the substance mentioned on the list of prohibited substances is, in this case, granted by SAKL—Státní agentura pro konopí pro léčebné použití (State Agency for Medical Cannabis; http://www.sakl.cz/en/index/introduction) pursuant to the Act on addictive substances.
A licensed subject authorized for cultivation of cannabis for medical purposes may cultivate only these varieties of cannabis with the precisely defined mix of effective substances that are stipulated in the Appendix 1 of the resolution No. 221/2013 Sb.This resolution also sets criteria of the content ofmolds, microbes or other addictive substances in the final product. The author of the resolution is Státní úřad pro kontrolu léčiv (State Institute for Drug Control) and it is therefore responsible for approving individual kinds of cannabis as a medicament.
Act No. 378/2007 Sb., on medicaments, sets parameters for cultivation premises, drying premises and other objects dealing with manufacturing cannabis. It also stipulates the qualification of personnel who are in some contact with cannabis.
The aforementioned resolution is devoted to a precise composition of effective substances in each and every type of prescribed cannabis. This composition is controlled in the final product and must correspond to the resolution very precisely.
The resolution also stipulates diagnoses for which it is possible to prescribe medical cannabis. Only an expert doctor with the relevant attestation is allowed to prescribe it.
The maximum quantity of the medical dose is at the moment 30 grams a month. As far as recipes are concerned, these are governed by the resolution No. 54/2008, Sb. The resolution No. 84/2008 Sb. regulates storing, manufacturing and dispensing products in drugstores.
It can be generally observed that medical cannabis and products made of it fall under the same regime as medicaments mentioned on special lists that are dispensed only upon a prescription.
Státní úřad pro kontrolu léčiv (State Institute for Drug Control) observes keeping the aforementioned procedures and processes. This agency is also authorized to add more diagnoses or other varieties of medical cannabis to the current list.
Regulations cited:
Resolution of the Presidium of the Czech National Council No. 2/1993 Sb. Charter of fundamental rights and basic freedoms
Act No. 378/2007 Sb. on medicines
Act No.167/1998 Sb. on addictive substances
Act No. 137/2006 Sb. on public order
Act No.552/1991 Sb. on state control
Resolution No. 221/2013 Sb. on medical cannabis
Resolution No. 84/2008 Sb. on right pharmacy practice
Resolution No.58/2008 Sb. on the method of prescribing medical products
Resolution No.463/2013 Sb. on the list of addictive substances
Decree No. 455/2009 Sb. that regulates which plants or mushrooms are deemed narcotic or psychotropic, for Penal Code, and what quantity is greater than small.
Resolution No.123/2006 Sb. on registration of addictive substances and products