In brief
The legal status of kratom in the Czech Republic changes fundamentally on 1 January 2026. Until then, the plant and its preparations were in a free-sale regime without specific regulation; from 1 January 2026 the law classifies kratom among psychomodulatory substances (PML) under the amendment to Act No. 167/1998 Coll., on addictive substances.
Status until 1 January 2026 (free sale)
Before the amendment took effect, a general consumer regime applied to kratom under:
- Act No. 634/1992 Coll., on consumer protection,
- Act No. 110/1997 Coll., on foodstuffs and tobacco products (for labelling and declaration),
- Act No. 40/1995 Coll., on the regulation of advertising.
Kratom was not explicitly regulated as an addictive substance, had no licensing regime, and no minimum buyer age was stated in legislation. Some shops voluntarily restricted sale to persons over 18, but this was a contractual rule, not a statutory obligation.
Status from 1 January 2026 (PML)
With the amendment taking effect, kratom moves into a new legal regime. The key points are described in the separate article The new regulation of kratom in the Czech Republic from 2026; in brief:
- distribution, import and wholesale are subject to a licence to handle PML,
- sale to persons under 18 is prohibited,
- the packaging must contain information on the content of the main alkaloids,
- advertising aimed at minors is prohibited.
What changes in practice
For distributors and sellers
Entities trading in kratom are obliged by law to obtain a PML licence, keep records of stock and sales, and retain certificates of analysis. The specific procedural requirements are specified by an implementing decree effective from 1 July 2026; until then a transitional period runs for existing entities.
For importers
Import of kratom from third countries is subject to a notification obligation to the Ministry of Health and to general customs regulations. In detail in the article Import of kratom into the Czech Republic.
For consumers
As regards possession and personal use, the law does not introduce a quantitative limit that differs from the general provisions. The main change for the consumer is availability only from sellers with a PML licence and mandatory 18+ age verification.
Sanctions for violations
The law distinguishes:
- An administrative offence by a distributor - breach of the obligation to keep records, to label packaging properly, or to restrict sale to minors. The sanction is a fine under the law on administrative offences.
- The criminal offence of unlawful distribution - placing PML on the market without a licence. The sanction is imprisonment, a monetary penalty and the possibility of forfeiture of the item.
- Sale to persons under 18 - an administrative offence with a fine; a repeated violation may lead to the revocation of the licence.
The specific levels of the fines are in the law and are updated by amendments to the law on administrative offences.
Frequently asked questions
Is kratom legal today (as of 1 June 2026)?
Yes, but under a specific legal regime. Distribution requires a PML licence, sale is restricted to persons 18+, and it is subject to information obligations under 167/1998 Coll.
Is it a drug?
Within the meaning of the law, kratom is not an addictive substance under Section 2 of Act 167/1998 Coll. It is a psychomodulatory substance (PML), which is a separate category introduced by the amendment.
What does "PML" mean?
Psychomodulatory substance. A detailed definition is in the article Psychomodulatory substances (PML) under 167/1998 Coll.
Does the PML regime also cover extracts?
Yes. The law classifies as PML Mitragyna speciosa and its main alkaloids, i.e. also preparations containing concentrated mitragynine or 7-hydroxymitragynine.
References
- Act No. 167/1998 Coll., on addictive substances, as amended.
- Act No. 634/1992 Coll., on consumer protection, as amended.
- Explanatory memorandum to the amendment of Act No. 167/1998 Coll. (Chamber of Deputies of the Parliament of the Czech Republic, 2025).
