In brief
Under the amendment to Act No. 167/1998 Coll., on addictive substances, effective from 1 January 2026, the law sets the minimum age of a kratom buyer at 18 years. Sale to persons under 18 is prohibited and sanctioned as an administrative offence. The rules for age verification are set out in Section 24 of the Act and in an implementing decree.
The statutory limit of 18 for PML
The age restriction of 18 applies in general to the entire category of psychomodulatory substances (PML). The same limit is used in Czech law for alcoholic beverages (Act No. 65/2017 Coll., on the protection of health from the harmful effects of addictive substances) and for tobacco products.
The law expressly prohibits:
- the sale of kratom to a person under 18,
- the provision of kratom to a person under 18 (including free of charge),
- offering kratom through advertising aimed at minors.
How it is verified at sale
Brick-and-mortar shops
A seller with a PML licence is obliged, at the point of sale, to verify the buyer's age by an identity document (identity card, passport, driving licence). If there is doubt about the age, the law imposes an obligation to request the document - without it, the sale is not possible. This procedure is analogous to the sale of alcohol or tobacco.
Online sale
For the online sale of PML, the law requires the use of one of the following age-verification mechanisms:
- verification via Bank ID or another qualified means of electronic identification,
- verification via a payment method that itself requires adulthood (typically a payment card issued in the person's name),
- delivery requiring presentation of a document to the courier.
A mere self-declared tick-box "I am 18" is not considered sufficient verification by the law. The specific technical requirements are governed by an implementing decree.
Sanctions for sale to minors
Selling kratom to a person under 18 is an administrative offence under Act No. 167/1998 Coll. The sanctions include:
- a fine on the order of tens of thousands to low hundreds of thousands of crowns (the exact range is in the Act),
- revocation of the PML licence on repeated violation,
- in the case of a sale with knowledge of the buyer's minority, liability under Act No. 40/2009 Coll., the Criminal Code (endangering the upbringing of a child).
The sanctions apply primarily to the seller; a consumer under 18 who has obtained kratom is not sanctioned by the law in the sense of criminal liability, but their conduct may be addressed within parental responsibility or by the child-protection authority.
International comparison of limits
- USA (states with KCPA regulation) - typically 18 or 21, depending on the state.
- Thailand - since the 2021 decriminalisation, an age limit of 18 applies to commercial sale.
- Poland - kratom is banned regardless of age.
- Germany - no specific age regulation for kratom; general civil-law rules.
The limit of 18 is the most common in the international context.
Frequently asked questions
What if the buyer is 17?
The sale is prohibited. A seller with a PML licence is obliged to verify the age and, in the case of a minor, to refuse the sale.
Can kratom be obtained through a parent?
The law prohibits not only the sale but also the provision of kratom to a person under 18, including free of charge. A parent who provides kratom to a minor commits an administrative offence.
What is the sanction for sale to a minor?
A fine under the law on administrative offences; revocation of the licence on repeated violation. The exact rates are in the Act and are updated by amendments.
Does the 18 limit also apply to self-harvesting or gifting?
Yes. The law does not distinguish the form in which kratom is provided. Provision to a person under 18 is prohibited.
References
- Section 24 of Act No. 167/1998 Coll., on addictive substances, as amended.
- Act No. 65/2017 Coll., on the protection of health from the harmful effects of addictive substances.
- Act No. 40/2009 Coll., the Criminal Code, as amended.
