On January 1, an amendment to the Criminal Code will come into effect that will also affect the rules for growing and possessing cannabis. We are bringing you a summary of the most important changes in cannabis laws, with advices on how to handle cannabis legally and warnings on what to avoid.
Although at first glance it may seem that the Czech Republic has legalized cannabis, the interpretation of some provisions remains unclear. Legal experts are therefore warning against excessive euphoria.
The new laws contain a number of pitfalls that could get careless growers and users into trouble. The new legislation allows home cultivation and introduces rules for the legal possession of cannabis for personal use in limited quantities.
What to watch out for
To ensure that your cannabis garden is legal, you must meet several conditions. Growing cannabis with a THC content of more than 1% will be permitted only to persons over the age of 21, in a property where they live or have a legal relationship (e.g., lease). You can grow indoors or outdoors, but remember that you must not disturb your neighbors with smell or noise.
The new laws allow you to legally grow up to three cannabis plants; five or more is a misdemeanor. If the police find more than five cannabis plants on your property, the offense becomes a felony punishable by a fine of up to $50,000.
Even though cannabis laws have been relaxed, keep in mind that it is still possible to get a long prison sentence for cannabis.
Lawmakers have also set weight limits for cannabis possession. These are 100 grams inside the home (up to 200 grams is a misdemeanor) and 25 grams outside the home (up to 50 grams is a misdemeanor). In the case of growers, it is unclear when cannabis plants become dried “marijuana” according to the law. It is also unclear how authorities will handle cases where the weight of grown or harvested plants exceeds the established limits, even though wet biomass (i.e., buds) obviously weighs many times more than dried biomass.
We do not yet know how law enforcement authorities will act if they find plants whose expected yield clearly exceeds the permitted amount. According to legal experts, the authorities’ practice in this area is already inconsistent, and these questions will only be answered by the first court verdicts.
Will the production of ointments be legal?
A very common reason for growing cannabis, especially among the older population, is the production of ointments. However, lawyer and cannabis law specialist Jan Poláček urges caution. The laws in this area are still opaque and interpretations may vary from one department to another.
The laws strictly distinguish between processing, which is permitted, and production, which is punishable when without the appropriate license. Harvesting, drying, and trimming the tops can be safely considered processing. According to Poláček, it is also unlikely that the production of cannabis ointments would be considered illegal by the authorities. However, scraping resin for hashish may be a problem and will depend on the interpretation of the state authorities.
The processing of cannabis into ice hash, pressed rosin, BHO (hash concentrate produced using butane gas) or “Phoenix tears”, for example, is likely to remain illegal.
“These will probably not be considered ‘processing’ products. They will continue to be considered ‘production’ as a more complex technological process. Without the appropriate permit, this will be prohibited by law, just as it is today,” explains Poláček. At least the rates in this new paragraph are significantly lower than they have been so far.
How much cannabis can I have on me?
The new legislation should eliminate the differences between possession of dried cannabis and other more concentrated forms, but according to legal experts, it is unlikely that the police will treat 200 grams of cannabis buds and 200 grams of hashish in the same way.
If the police find more than five cannabis plants in your possession, the offense becomes a criminal offense punishable by a fine of up to $50,000.
It can be assumed that law enforcement agencies will try to follow the existing regulations from the past and abide by the well-known decision of the Supreme Court of the Czech Republic, file no. Tpjn 301/2013. They will derive the relevant threshold for illegal quantities from the active ingredient, i.e. THC, and “recalculate” the permitted quantity of the substance according to the amount of THC.
Despite the relaxation of cannabis laws, it is still possible to be imprisoned for many years when growing cannabis. The sale, free transfer, distribution, or transport of cannabis abroad remains a criminal offense.
Editor’s note: We will cover this groundbreaking decriminalization in detail in the next issue of Konopí magazine (No. 35), which will be on sale from October 10!
Author: Filip Ostrowski
