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> Disclaimer: This article is for informational purposes only and does not constitute legal advice. The legislative environment is evolving dynamically. For specific legal questions, please consult a qualified attorney. Information is current as of March 1, 2026.

“Články 34 a 36 SFEU musí být vykládány v tom smyslu, že brání vnitrostátní právní úpravě, která zakazuje uvádět na trh CBD, který je legálně vyprodukován v jiném členském státě, v případě, že je extrahován z celé rostliny cannabis sativa, a nikoli pouze z jejích vláken a semen, ledaže je tato právní úprava s to zaručit naplnění cíle ochrany veřejného zdraví a nepřekračuje meze toho, co je k dosažení tohoto cíle nezbytné.”

[Translation: “Articles 34 and 36 TFEU must be interpreted as precluding national legislation which prohibits the marketing of CBD lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds, unless that legislation is appropriate for securing the attainment of the objective of protecting public health and does not go beyond what is necessary for that purpose.”]

Court of Justice of the European Union, 19 November 2020, Case C-663/18 (Kanavape)

This overview is based on legislation and case law in the legal database Europaius. It is not legal advice.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The legislative environment is evolving dynamically. For specific legal questions, please consult a qualified attorney. Information is current as of March 1, 2026.

Since November 12, 2025, entirely new rules have applied to kratom sales in the Czech Republic. Government Regulation No. 456/2025 Coll. has placed kratom and kratom extract on the list of psychomodulatory substances (PML) – bringing this plant product out of a legal gray zone after years of existence and placing it under strict regulatory oversight. Kratom in the Czech Republic is not banned, but the conditions for its sale, distribution, and purchase have been significantly tightened.

Below, we clearly explain what exactly has changed, who and under what conditions may sell kratom, what obligations consumers have, and how Czech regulation ranks in the European context.


What is Kratom

Kratom (Mitragyna speciosa) is a tropical tree from the Rubiaceae family, native to Southeast Asia – primarily Indonesia, Malaysia, and Thailand. Its leaves contain the alkaloids mitragynine and 7-hydroxymitragynine, whose effects vary significantly depending on the dose consumed: low doses have a stimulating effect, while higher doses have a sedative effect.

In Southeast Asia, kratom has been used traditionally for centuries – workers would chew fresh leaves to suppress fatigue and increase work performance. It entered the Western world primarily in the last two decades as a freely available botanical product sought by users mainly for:

  • increased energy and concentration (lower doses),
  • relaxation and stress relief (higher doses),
  • support when withdrawing from opioids or other addictive substances (anecdotal reports, not yet scientifically confirmed).

In the Czech Republic, kratom became exceptionally popular – the estimated number of regular users was in the tens of thousands. Sales took place without any regulation in brick-and-mortar stores, vending machines, convenience stores, and e-shops. The easy availability to minors and the complete absence of quality control were the main drivers for the legislative change.


The New Law: Psychomodulatory Substances from 2025

Legislative Framework

The foundational regulation is Law No. 321/2024 Coll., amending Law No. 167/1998 Coll. on Addictive Substances. The amendment entered into force January 1, 2025 and introduced two new categories into Czech law:

  1. Registered psychoactive substances – substances with higher risk; this category includes, for example, HHCP, HHCH (HHC-C6), HHC-C8 and related substances under Government Regulation No. 11/2025 Sb. HHC itself is a psychotropic substance under Annex 4 of Government Regulation No. 463/2013 Sb., so producing, selling or possessing it without a licence is illegal.
  2. Psychomodulatory substances (PML) – substances with lower health and social risk, which may be placed on the market for human consumption under strictly defined conditions.

Kratom was placed in the second, milder category. The Czech Republic thus created a globally unique legal framework: instead of a blanket ban, it chose a model of regulated access, aimed at protecting public health without criminalizing users.

Timeline of Adoption

Date Event
October 9, 2024 Adoption of Law No. 321/2024 Coll.
November 7, 2024 Publication in the Collection of Laws
January 1, 2025 Entry into force of Law No. 321/2024 Coll.
November 8, 2025 Entry into force of Regulation No. 448/2025 Coll. (packaging, labeling, quality requirements)
November 12, 2025 Entry into force of Government Regulation No. 456/2025 Coll. (kratom and kratom extract placed on PML list)
November 14, 2025 Issuance of first permits for brick-and-mortar retail
January 30, 2026 Beginning of issuance of permits for internet retail

License Requirements: Who May Sell Kratom

Permit from the Ministry of Health

As of November 12, 2025, only entities with a valid permit issued by the Czech Ministry of Health may legally handle kratom. The permit is non-transferable and applies only to specific activities listed in the decision – manufacturing, importation, distribution, storage, brick-and-mortar retail, and internet retail are each assessed and permitted separately.

License Fees

The licensing regime is financially burdensome, which was one of the key topics of industry discussion:

Type of Activity Administrative Fee for Application Annual Maintenance Fee
E-shop / Distribution / Importation 200,000 CZK 200,000 CZK/year
Brick-and-mortar Store 20,000 CZK per outlet 20,000 CZK/year per outlet
Additional Website or Application 200,000 CZK each –

An operator with one brick-and-mortar store and an e-shop thus pays a minimum of 220,000 CZK in initial fees and over 220,000 CZK again in annual maintenance fees. This burden effectively excluded most small entrepreneurs from the market.

Market Impact

Before regulation was introduced, there were hundreds of kratom sellers in the Czech Republic – from specialized shops to convenience stores and vending machines. As of March 2026, the Ministry of Health registers only several dozen licensed retail outlets. Part of the market consolidated, part ceased operations, and there is a real risk of migration to the gray economy – i.e., sales without a permit and without any quality control.


E-shop Rules: End of Free Online Sales

Internet sales of kratom undergo some of the most fundamental changes in the entire regulation:

  1. E-shop must be exclusively specialized – the law does not allow selling kratom as part of a general multi-commodity e-shop. The website must be focused exclusively on psychomodulatory substances and sortiment directly related to them.

  2. Requirement for a brick-and-mortar outlet – online sales are permitted only in combination with a licensed brick-and-mortar outlet. A purely internet-based model without a physical location is not permitted by law.

  3. Two-step age verification – the seller must verify the buyer's age in two stages: when placing the order and again when physically receiving the shipment.

  4. Ban on vending machine sales – selling kratom through self-service vending machines, which was fairly widespread before regulation, is completely banned.

These requirements significantly increase the logistical and financial burden of operating a kratom e-shop in practice. No permits for internet sales had been issued by the end of January 2026 – the first began to be granted only from January 30, 2026.


Age Limit and Protection of Minors

The law establishes an absolute ban on selling kratom to persons under 18 years of age. The accessibility of kratom to minors before regulation – for example through vending machines – was one of the main arguments for adopting stricter rules.

Seller Obligations

  • Brick-and-mortar stores: Entry by minors is prohibited. The seller is obligated to actively verify the buyer's age with a valid identification document (national ID card, driver's license).
  • E-shops: Age must be verified twice – when placing the order and when physically receiving the shipment.
  • Penalties: Repeated sale or provision of a psychomodulatory substance to a person under 18 years old is classified as a criminal offense, analogous to selling alcohol to minors.

Quality Requirements: Packaging, Labeling, Limits

Regulation No. 448/2025 Coll. establishes binding technical requirements that every legally sold kratom product must meet.

Packaging

  • Kratom may be placed on the market exclusively in pre-packaged units with fixed quantities – sales by weight without unit packaging are not permitted.
  • The law specifies maximum permitted quantities in one package.
  • Maximum concentrations of active alkaloids are defined (mitragynine, 7-hydroxymitragynine).

Labeling

Every unit and outer package must mandatorily state:

  • Consumer information – composition, content of active substances, and recommended method of use.
  • Safety warnings – notice prohibiting use by persons under 18 years old.
  • Health warnings – comparable to warnings on tobacco products.
  • Prohibition on any presentation as a food, dietary supplement, or medicinal product.

Quality

  • Kratom must not contain foreign substances – binding limits apply to chemical and microbiological parameters.
  • Each batch must undergo laboratory testing by an accredited laboratory.
  • Traceability of the product throughout the entire supply chain is required – from producer to consumer.

Advertising Ban

The law introduces a blanket and categorical ban on advertising psychomodulatory substances in all media and communication channels, including:

  • print media,
  • online media and social networks,
  • radio and television broadcasts,
  • leaflets, billboards, and outdoor advertising,
  • store windows and external signage of outlets,
  • sponsorship of events or public figures,

Kratom cannot be presented as a medicine, dietary supplement, or food. These restrictions are in scope comparable to tobacco product advertising regulation. Licensed sellers can thus inform the public of their existence and offerings practically only through their own specialized websites – and even there only within clearly defined limits.


Penalties for Violations

Handling kratom without a valid permit or violating regulatory conditions is punished as:

  • Administrative offense – for less serious violations, such as missing labeling on packaging or inadequate age verification of a buyer.
  • Criminal offense – for serious violations, particularly when repeatedly selling to minors or handling without authorization on a larger scale.

Compliance with regulations is monitored by the Ministry of Health of the Czech Republic, the Customs Administration of the Czech Republic, and the State Agricultural and Food Inspection (SZPI).


Comparison with Other European Countries

No unified legislation on kratom exists in Europe – each country regulates it independently. The Czech Republic is the first country to have chosen a model of regulated access through a specific category of psychomodulatory substances.

Country Kratom Status (2026)
Czech Republic Legal, regulated as psychomodulatory substance (permits, 18+, advertising ban)
Netherlands Legal, freely sold in smart shops
Austria Legal, sold as botanical product (not as food or medicine)
Spain Not classified as a drug, no specific regulation
Germany Sales without permit banned (OLG Köln decision, 2025)
Portugal Personal possession decriminalized, distribution banned
United Kingdom Banned since 2016 (Psychoactive Substances Act)
France Banned since 2020
Sweden Classified as narcotic since March 2025
Poland Banned as narcotic substance
Romania Banned since 2023
Belgium Banned by FAGG (Federal Drug Agency) decision

Role of European Kratom Alliance (EKA)

The European Kratom Alliance is a non-profit organization based in the Netherlands that has long advocated for regulation as an alternative to prohibition. The EKA actively participated in shaping the concept of psychomodulatory substances and lobbies for adoption of a similar approach in other European countries. The organization's strategy is built on a country-by-country approach – it considers efforts at EU-wide harmonization unrealistic in the short term.

The Czech model is thus in many ways a pilot project. Its results – particularly the impact on public health, market functioning, and the extent of illegal sales – will be closely monitored by other European countries in the coming years.


What This Means in Practice for Consumers

Where to Buy Kratom

  • Licensed brick-and-mortar stores – the current list is publicly available on the website of the Czech Ministry of Health.
  • Specialized e-shops – permits are being issued from January 30, 2026, but only to operators connected to a licensed brick-and-mortar outlet.

What You Will Need

  • Valid identification document – national ID card or driver's license to verify age (18+).
  • When ordering online: age verification both when placing the order and when physically receiving the shipment.

What to Watch Out For

  • Buy exclusively from licensed sellers. Illegal sales – through convenience stores, vending machines, or unregistered e-shops – involve products without laboratory tests and without any guarantee of composition.
  • Check the packaging. Legal kratom must bear proper labeling: composition, content of active substances, health warning, and manufacturer identification. Missing or incomplete labeling is a warning sign.
  • Be careful when purchasing from abroad. Importing kratom into the Czech Republic is subject to the licensing regime – ordering from an unregulated foreign source may violate current legislation.

Frequently Asked Questions (FAQ)

Yes, kratom is legal in the Czech Republic. It is neither banned nor classified as a narcotic. Since November 12, 2025, it has been regulated as a psychomodulatory substance, with its sale, distribution, and importation subject to a licensing regime administered by the Ministry of Health.

Can I Buy Kratom Online?

Yes, but only from a licensed e-shop connected to a brick-and-mortar outlet with a valid permit from the Ministry of Health. General e-shops with diverse product ranges are not permitted to sell kratom. Permits for internet sales are being issued from January 30, 2026.

How Old Must I Be to Buy Kratom?

The minimum age to purchase kratom is 18 years old. The seller is obligated to verify age with a valid identification document – without exception.

Can I Grow Kratom at Home?

Law No. 321/2024 Coll. regulates handling of psychomodulatory substances – that is, manufacturing, importation, distribution, storage, and sales. Home cultivation of Mitragyna speciosa as an ornamental plant is not explicitly addressed by the law. However, any processing or placing on the market without a permit is clearly prohibited.

What Are the Penalties for Illegal Sales?

Sales without a permit are classified as an administrative offense or criminal offense depending on severity. Repeated sales or provision of a psychomodulatory substance to a person under 18 years old constitutes a criminal offense.

Will Anything Else Change During 2026?

The legislation is relatively new and implementing regulations are being progressively clarified. It cannot be ruled out that additional substances will be added to the list of psychomodulatory substances. We recommend regularly monitoring current information on the website of the Czech Ministry of Health.

Does the Regulation of Kratom Extract Differ from That of Classic Kratom?

Government Regulation No. 456/2025 Coll. placed both kratom and kratom extract on the PML list – both are subject to the same regulatory regime. However, Regulation No. 448/2025 Coll. establishes specific maximum concentrations of active alkaloids, with these values naturally differing between extracts and dried leaves.


Summary

The Czech Republic chose a unique approach to the kratom question in European and global terms: instead of a blanket ban, it introduced a system of regulated access through a new category of psychomodulatory substances. The regulation brings measurable benefits – protection of minors, binding quality standards, product traceability throughout the supply chain, and overall market professionalization.

On the other hand, high licensing fees, a blanket advertising ban, and strict conditions for online sales have significantly reduced the number of active sellers and increased prices for end consumers. There remains a real risk of market migration to the gray economy, where none of these standards apply.

For kratom users, one key recommendation applies: buy exclusively from licensed sellers. Only this way can you be sure you are purchasing a tested product compliant with current regulations.

The results of the Czech model will be carefully monitored in the coming years not only in Europe but also overseas. If the regulated approach proves to be a functional alternative to prohibition, Czech law could become a precedent for other countries seeking a balance between protecting public health and respecting the autonomy of adult users.


This article is based on publicly available sources: Law No. 321/2024 Coll., Government Regulation No. 456/2025 Coll., Regulation No. 448/2025 Coll., and information from the Czech Ministry of Health, the Customs Administration of the Czech Republic, and the Ministry of Industry and Trade.