The Czech government has approved the so-called Lex Kratom proposal, jointly submitted by the Ministries of Health and Finance. The amendment significantly tightens the regulation of kratom, with the aim of limiting its availability to children and young people and reducing the health risks associated with its use.
The minimum age for purchase will increase from 18 to 21, online sales will be banned, and stricter rules will apply to specialised shops as well as the composition, quality and monitoring of the products.
The proposal follows the results of the extensive KORUND inspection campaign and introduces further measures concerning psychoactive and nicotine products. It also introduces new taxation of kratom.
Kratom is not a harmless product, and I do not want it to become a regular part of young people’s lives. The current rules have proved insufficient, and we are seeing cases where kratom reaches secondary school students and its use results in intoxication. That is why we are introducing stricter rules that can be effectively enforced in practice. We are raising the age limit to 21, banning online sales and tightening requirements for the safety of the products themselves. This is not a ban on kratom. It is regulation designed to protect children and young people in particular.
Adam Vojtěch, Minister of Health (Czechia).
One of the main measures is to raise the minimum age for purchasing psychomodulatory substances from 18 to 21. The Ministry of Health is responding, among other things, to the situation in secondary schools, where adult students are in daily contact with younger classmates. Restricting the legal availability of kratom to this age group is intended to reduce the risk of the substance being passed on to minors.
Another significant change is a ban on online sales and other forms of distance selling. According to the government, experience has shown that buyers’ ages cannot be verified reliably enough when purchasing online. Kratom will therefore only be sold in specialised physical stores, where age verification will be mandatory.
Stricter rules will also apply to the shops themselves. Their shop windows, windows and entrances will have to be designed to prevent views into the premises, while external signage will be restricted so that it does not have an advertising or promotional character.
The amendment also tightens requirements for the composition, labelling and quality of kratom products. Hygiene requirements will apply throughout the distribution chain, while controls on product batches and their origin, as well as the responsibilities of distributors, will be strengthened. More clearly defined inspection powers and offences are intended to make enforcement more effective. The administrative fee for applying for a permit to handle psychomodulatory substances and the annual fee for maintaining an establishment will also increase.
Changes in taxation
The amendment also introduces new tax rules for kratom. The excise duty will be based on the concentration of active substances and the level of risk. For regular kratom with a lower concentration, the rate will be CZK 2 per gram or millilitre, while concentrated products, particularly kratom extracts, will be taxed at CZK 10 per gram or millilitre. The highest rate, CZK 20 per gram or millilitre, will apply to illegal kratom.
The VAT rate will also change. Products containing kratom will move from the reduced 12% VAT rate to the standard 21% rate and will be required to carry a tax stamp.
The main aim of these measures is not to collect more money in taxes. Above all, we want to establish clear rules, limit the risks associated with kratom use and better protect people’s health, especially that of children and adolescents. The tax system must reflect this as well. It makes no sense for the consumption of an addictive substance to receive the same tax treatment as basic foodstuffs
Alena Schillerová, Minister of Finance (Czechia)
The tax measures are expected to generate approximately CZK 0.5 billion for the state budget in the first year, including CZK 0.3 billion in excise duty and CZK 0.2 billion in VAT.
Lex Kratom follows KORUND inspection findings
The proposal also incorporates measures based on the conclusions of an interdepartmental working group on psychoactive substances, which responded to the results of the extensive KORUND inspection campaign. In addition to kratom, the amendment addresses several practices identified by inspection authorities on the psychoactive substances market.
The enrichment of industrial hemp with other substances, as well as the import and export of such enriched hemp, will be prohibited. The sale of industrial hemp flowers to individuals will also be prohibited. Inspections identified such products as a significant carrier of synthetic drugs. The ban will not apply to commonly processed products containing CBD without THC, such as cosmetics and ointments.
The amendment will also prohibit the processing of CBD and THCA into other chemical substances, except for legitimate therapeutic and scientific purposes.
The powers of inspection authorities to identify illegal products and remove them from the market will also be strengthened. The amendment further tightens the rules governing nicotine pouches and establishes their legal definition and the relevant supervisory powers. This will not ban their sale but will introduce a regulatory framework similar to that already in place for products such as electronic cigarettes.
The register of offences involving addictive substances will also be expanded, while the sale of herbal products intended for smoking through vending machines will be prohibited.
Municipalities will also be able to regulate the location of specialised shops selling psychomodulatory substances through generally binding ordinances.
The proposal will now be submitted to the Parliament of the Czech Republic for consideration.
Pictures: https://vlada.gov.cz/en/vlada/clenove-vlady/adam-vojtech-224131/
https://mf.gov.cz/en/about-ministry/organisation-chart/minister-section/alena-schillerova
