Changes in the Czech drug-related legislation (2010)

Joint statement

• Unauthorised possession of drugs for personal use is illegal and subject to legal sanctions at all times: if the drug is in a small quantity, the sanction is defined under the Act on Misdemeanours; in a quantity greater than small, under the Criminal Code. The law defines those entities authorised to possess drugs (among these are, e.g., medical facilities, pharmacies, laboratories etc.). It is therefore always an illegal act for a drug user or an addict (or anyone) to possess any amount of drugs.
• For unauthorised possession of a small quantity of any drug for personal use a fine of up to CZK 15,000 may be imposed in misdemeanour proceedings.
• For unauthorised possession of cannabis-based drugs for personal use in a quantity greater than small, penalties may be imposed of imprisonment for a term of up to one year, of prohibition of business activity, or of forfeiture of an item of property or other asset.
• For unauthorised possession of a narcotic or psychotropic substance other than a cannabis-based drug in a quantity greater than small penalties may be imposed of imprisonment for a term of up to two years, of prohibition of business activity, or of forfeiture of an item of property or other asset.
• Unauthorised cultivation of plants or mushrooms containing drugs for personal use is unlawful and subject to legal sanctions at all times: in a small quantity, under the Act on Misdemeanours; in a quantity greater than small, under the Criminal Code.
• For unauthorised cultivation of plants or mushrooms containing drugs for personal use in a small quantity a fine of up to CZK 15,000 may be imposed in misdemeanour proceedings.
• For unauthorised cultivation of the cannabis plant for personal use in a quantity greater than small, penalties may be imposed of imprisonment for a term of up to six months, of a fine, or of forfeiture of an item of property or other asset.
• For unauthorised cultivation of a mushroom or plant other than cannabis for personal use in a quantity greater than small, penalties may be imposed of imprisonment for a longer term - up to one year - of a fine, or of forfeiture of an item of property or other asset.
• The law applies the discrimination between cannabis-based drugs and other drugs, or, as the case may be, between cannabis plants and other plants and mushrooms containing drugs only in cases of possession and cultivation for personal use in a quantity greater than small. All other forms of unauthorised handling of drugs (e.g. sale, import, export) are punished without consideration to the type of drug.
• also stipulates those plants or mushrooms containing drugs in connection with cultivation for personal use. The government decrees have the same binding effect for all persons without exception as the Criminal Code, i.e. also for criminal justice authorities, including courts.

Detailed information

• National Monitoring Centre for Drugs and Drug Addiction: MUDr. Viktor Mravčík (e-mail: mravcik.viktor@vlada.cz , tel. +420 724 192 017),
• Center for Addictology: MUDr. Tomáš Zábranský, Ph.D. (email: twz@adiktologie.cz ) and Mgr. Hana Gajdošíková (e-mail: gajdosikova@adiktologie.cz , tel. +420 224 965 098),
• National Drug Squad of the Criminal Police and Investigation Service of the Czech Police: Col. Mgr. Jakub Frydrych and Cpt. Bc. Michal Hammer (e-mail: npdc@mvcr.cz , tel. +420 974 836 531).

Other information on the web

Full texts may be downloaded from the website Portál veřejné správy (Czech only), under the menu Zákony . For searching please copy the number of the act or government order (i.e. 467/2009) into the menu Číslo předpisu. For direct link to the above mentioned acts (in Czech only) please use the short links: http://portal.gov.cz/zakon/40/2009 and http://portal.gov.cz/zakon/200/1990