Czech Republic’s Ministry Of Justice Proposes Legalizing Cannabis Cultivation
The Ministry of Justice in the Czech Republic is proposing that adults should be able to cultivate up to three plants in their private residences, in addition to possessing up to 25 grams when away from their residences and up to 50 grams in their homes.
“According to the draft of the new criminal regulations, which the ministry sent to the government for consideration, people over the age of 21 could grow cannabis for their own use.” Novinsky stated in its local reporting (translated from Czech to English).
“In this regard, the proposal reevaluates the question of what actions should be criminal at all, and liberalizes today’s regulation, where some of the actions today are considered criminal offenses and then legalizes some actions completely,” the ministry said in its preliminary report.
What is being proposed in Czechia is similar to what was implemented in Germany earlier this year from cultivation plant limit and possession limit standpoints, however, the proposed legal age of 21 years old differs from what Germany adopted and is similar to what is in place in two dozens states in the U.S.
In addition to the ministry’s proposal to legalize adult-use cultivation and possession, the ministry also wants to change Czechia’s laws to set a threshold of five cannabis plants, 100 grams of ‘dry matter when a person has it at home,’ or 50 grams when it is outside their home, as the difference between a lower offense and a crime.
The ministry’s proposal does not appear to include regional adult-use cannabis commerce pilot trials or cultivation associations, at least at this time. Cultivation associations are part of Germany and Malta’s legalization models, and Germany is pursuing the launch of pilot trials. Pilot trails are already operating in the Netherlands and Switzerland.
In July 2024, the International Cannabis Business Conference was provided a leaked document by local activists in Czechia of a policy modernization plan that included regional adult-use cannabis commerce pilot trials and cultivation associations.
“The current prohibition leads to the fact that there are more than a thousand people convicted of cannabis crimes in prisons, which burdens the state budget with costs of over CZK 700 million per year,” emphasized Tomáš Vymazal, a member of the Rational Regulation (RARE) board and chairman of the Safe Cannabis Association, in a press release provided to the International Cannabis Business Conference in July.
The Registered Association Rational Regulation (RARE) was established at the beginning of 2024 with the aim of supporting rational cannabis regulation in the Czech Republic based on scientific knowledge and the best foreign experience. Its founders are the Czech industry cluster CzechHemp, the Legalizace.cz association, and the Safe Cannabis Association, which ‘brings together producers, distributors, and consumers of hemp extracts and hemp products.’
“The new legislation would lead to a significant decrease in the number of persons prosecuted, convicted or imprisoned for possession and cultivation of cannabis, which would result in annual savings of up to 1.2 billion CZK.” Vymazal stated at the time.
A limiting factor in all legalized European nations, which will also presumably prove to be the case in Czechia to some extent, is current European Union agreements. EU policies limit the level of adult-use cannabis commerce that can be conducted within its member nations to cultivation associations and research pilot trials.
According to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), nearly 30% of Czech adults have consumed cannabis at least once in their lifetimes and 11.1% report having consumed cannabis within the last year. The average rate for once-a-year consumption across Europe is 8% according to EMCDDA data.
