Psychomodulation Act: How Will It Affect CBD, HHC, and Kratom Sales?

The government's amendment called the psychomodulation law should remove CBD-type hemp cannabinoids from the so-called "grey" zone, CBG, but also psychoactive cannabis derivatives, such as hexahydrocannabinol HHC. Not even the very popular kratom escapes strict regulation.

Until now, narcotic and addictive substances were either completely prohibited, or their sale was subject to restrictions. The regulation of the state apparatus currently only affects the sale of alcohol and cigarettes in order to prevent its spread and use among minors. In the case of tobacco products, the regulation also applies to marketing activities – advertising of cigarettes and cigars is not allowed.

Selling CBD, HHC and other substances from hemp is basically not subject to any restrictions. However, this should change in January next year, when the psychomodulation law is expected to enter into force, which will define a completely new group of substances in the legal space. It will still be decided where the individual substances will be placed. In professional and political circles, it is assumed that psychoactive substances such as kratom, CBD and HHC will be included in this list. Thanks to the placement on the list of psychomodulating substances, the state could supervise the regulation of the sale of these substances and their eventual enforcement.

The list of compounds is to be established by the upcoming amendment on addictive substances, which, according to the national anti-drug coordinator Jindřich Vobořil, would clearly define the conditions of sale and control of these substances.

Kratom and its regulation

The long-discussed and somewhat controversial commodity called kratom, which comes from the dried leaves of the exotic tree Mitragyna speciosa, will most likely not avoid being placed on the list of psychomodulating substances. However, this is the best possible option, as there was a threat of a complete ban on kratom. Fortunately, the government did not resort to this.

You can find kratom on the Czech market in powder form, capsules or kratom drops. A plant substance called kratom (Thai name) has similar effects to many opioids, but at the same time it also has stimulating effects. According to the claims of residents from Southeast Asia, its use in recommended doses can have many health benefits. Allegedly, thanks to it, you can suppress depression and anxiety, induce euphoric states, but also fight the withdrawal symptoms of many different addictions.

Using kratom at lower doses usually results in a large burst of energy and an increase in heart rate. This effect can be expected especially from green and white kratom. In higher doses, it has the complete opposite effect, i.e. a sedative, which can really suppress you. This is especially characteristic of red kratom.

Kratom regulation should be done as follows:

• No advertising
• Sale 18+ only
• Prohibition of sale in vending machines
• Mandatory informing the customer about dosage and potential risks
• Checking the ingredients of kratom

Regulation of the sale of CBD and HHC

Cannabidiol CBD and hexahydrocannabinol HHC are the two most popular cannabinoids on the domestic market. They are sold in a variety of forms, such as cannabis flowers, drops and oils, vape pens, cartridges, candies and other confections, capsules and other products. Their sales so far have not been limited in any way. However, this is about to change in the case of these cannabinoid substances as well. In this example, it is unfortunately clear that ethical principles are not shared by all sellers, therefore cannabis products often end up in the hands of teenagers, which causes a stir and heated debates in society. The regulation will therefore affect, among other things, the sale of CBD and HHC also "on the streets", where vending machines with these substances should disappear for good.

Buy CBD a HHC products so it will only be possible in specialized registered stores with a live attendant who will supervise the age control of customers. We at Miracle CBD have taken this for granted from the very beginning, and in case of the slightest doubt, we identify our customers even now. In short, children and teenagers will not buy hemp products or kratom here.

Hemp cannabinoid products will continue to be able to be sold online, with the seller required to verify the buyer's age. We already have this service properly established on our e-shop these days. It is possible to verify the age of majority by uploading an identity document, via mojeID, but also with the help of a bank identity. A big advantage for registered users is that verification only needs to be done once, and only an SMS key is required for each subsequent purchase.

This control element is absolutely safe. We do not collect any sensitive personal data about our customers. This is no different in the case of payment using a payment card or other online method. Bank details only travel to a trusted payment gateway provider, where they are shredded after the transaction is completed. The Miracle CBD Shop does not dispose of these data, therefore does not even store them.

According to the latest forecasts, the regulation of the sale of CBD and HHC should look like this:

• No advertising
• Sale 18+ only
• Sale in specialized stores / on the e-shop with a security element of age verification
• Ban on the sale of HHC and CBD in vending machines
• Warnings regarding the safety profile + dosage information must be displayed on the product
• Determination of the maximum content of the active substance CBD / HHC in the product
• Control of product composition

A ban on CBD, HHC or kratom is unlikely to happen, the solution is strict regulation

An absolute ban on CBD products was proposed by the former Minister of Agriculture Zdeněk Nekula (KDU-ČSL). His words were supported by the Minister of Health Vlastimil Válek (TOP 09), who advocated a complete prohibition of kratom, but also of products with a cannabis derivative called HHC. The proposal of the Minister of Health received support from the Police of the Czech Republic, especially in the person of Jakub Frydrych, who declared: "We will ban HHC by the summer." But that did not happen, because our government, headed by Prime Minister Petr Fiala, opposed it.

The national anti-drug coordinator Jindřich Vobořil (ODS) with a team of experts in addictive substances and addiction was tasked with compiling a new list of psychomodulating substances. Mr. Vobořil expressed his ambition to enforce the upcoming amendment at the beginning of 2024 with the words: "The law with the list of psychomodulating substances is prepared in paragraph form and with an explanatory report. We have the fifth version of the amendment.”

In addition to the group of psychomodulating substances, the government coalition plans to create another category of so-called "new" psychoactive substances, which have not yet been thoroughly investigated for their long-term effects on human health. They will therefore be available exclusively for research purposes, not for end customers. So let's hope hexahydrocannabinol HHC doesn't appear on that list.

CBD, HHC and Kratom sales volume

The imposition of an embargo on the legal sale of cannabis products would significantly affect the state treasury, which is currently showing a fairly noticeable deficit. Economic balance selling kratom powder is estimated at around 1 to 1.5 billion crowns per year. The market for cannabis and products made from it is even more voluminous. Approximately 100 tons of dried flowers are traded annually, which, converted to retail prices, equals approximately 10 to 15 billion crowns per year. If, due to the restrictions, this amount of money was transferred to the black market, the state budget would not see a single crown from it. Regardless of the potential increase in crime and costs associated with prosecuting those involved in the distribution of cannabis and kratom, that is not going to go away.

Thanks to the proposed amendments, the state budget should collect hundreds of millions of extra crowns per year. The amendment also takes into account the fact that it will be necessary to invest higher financial sums to supervise the trade in cannabis and kratom than has been the case so far. In any case, the balance of the public budget will improve anyway. In addition, many experts hope for a greater safety guarantee for the sold kratom and cannabis itself from the regulation.

It has not yet been decided whether consumption tax will also be newly imposed on this type of product.

Do you need help?

If anything is not clear to you and/or you want advice on the selection, please write to us below in the comments below the post, via contact form or send us a question by e-mail info@miralecbd.cz. Thank you.