In brief
On 1 January 2026, an amendment to Act No. 167/1998 Coll., on addictive substances came into effect, introducing the category of psychomodulatory substances (PML) and placing kratom (Mitragyna speciosa) and its main alkaloids in it. This article summarises the wording of the amendment and its basic effects on the market and consumers as described by the current legislation.
Background to the amendment
Before the amendment, kratom was not classified as an addictive substance in the Czech Republic either under Act No. 167/1998 Coll., on addictive substances, or under Government Regulation No. 463/2013 Coll. The market operated under a general consumer-regulation regime - without a specific licence, without an age limit stated in legislation, and without special oversight by state authorities.
During 2022-2025, a debate took place in the Czech Parliament on a regulatory framework for a group of plant and synthetic substances that do not meet the criteria of classic addictive substances but, according to the available pharmacological data, have a psychotropic effect. The result is an amendment to Act No. 167/1998 Coll., passed in 2025 and effective from 1 January 2026.
The amendment defines a new category of psychomodulatory substances (PML) as parallel to the existing categories of addictive substances.
Key changes from 1 January 2026
- Classification of kratom as PML. The amendment places kratom and its main alkaloids (mitragynine, 7-hydroxymitragynine) on the PML list.
- Licensing regime for distribution. Sale, import and wholesale are subject to a licence to handle PML, issued by the Czech Ministry of Health.
- Age restriction. The law sets a minimum buyer age of 18 years.
- Labelling and packaging requirements. The packaging must contain information on the content of the main alkaloids, the dose per unit of product, and information on the restriction for minors.
- Advertising restrictions. Advertising aimed at minors is prohibited; general advertising is subject to the rules under Act No. 40/1995 Coll., on the regulation of advertising.
- Sanctions. Breach of a distributor's obligation is punishable by a fine; unlawful distribution without a licence is a criminal offence.
What the change means for distribution and sale
Distributors, importers and retailers of kratom are obliged under the new wording of the law to:
- obtain a licence to handle PML before commencing activity,
- keep records of stock and sales in the structure prescribed by an implementing decree,
- retain certificates of analysis (COA) for each batch,
- verify the buyer's age at the point of sale.
Detailed procedural rules are described by implementing decrees issued by the Czech Ministry of Health.
What the change means for the consumer (for information)
From the consumer's standpoint the amendment brings three main changes:
- kratom is available only from sellers with a valid PML licence,
- sale to persons under 18 is prohibited,
- the packaging contains information on the content of the main alkaloids and on the restrictions.
As regards personal possession, the law does not introduce a quantitative limit for the consumer that differs from the general provisions on addictive substances. In more detail in the article The legal status of kratom in the Czech Republic.
Implementation timeline
- 1 Jan 2026 - the basic amendment (the PML regime) takes effect.
- 1 Jul 2026 - the expected effective date of the Ministry of Health's implementing decree; the exact wording was still being finalised at the time this article was prepared.
- by the end of 2026 - a transitional period for existing sellers to obtain a PML licence (the exact wording of the transitional provisions is in the implementing decree).
Frequently asked questions
From exactly when does the amendment apply?
The basic part of the amendment is effective from 1 January 2026. Some provisions (especially in the area of record-keeping and labelling) are implemented by a decree whose effective date is set for 1 July 2026.
Does kratom's status change from free sale to PML?
Yes. Before 1 January 2026 the general consumer regime applied; from 1 January 2026 kratom is classified among psychomodulatory substances under 167/1998 Coll.
What is an implementing decree and when does it take effect?
An implementing decree is a secondary legal act that specifies the technical requirements of the amendment (labelling, records, procedures). The decree to amendment 167/1998 Coll. takes effect from 1 July 2026.
Does the amendment also cover extracts and concentrates?
Yes. The law classifies as PML both Mitragyna speciosa and preparations containing its main alkaloids (mitragynine, 7-hydroxymitragynine), i.e. extracts and concentrates as well.
References
- Act No. 167/1998 Coll., on addictive substances, as amended (amendment effective from 1 January 2026).
- Collection of Laws of the Czech Republic - Collection of International Treaties, year 2025.
- Explanatory memorandum to the amendment of Act No. 167/1998 Coll. (Chamber of Deputies of the Parliament of the Czech Republic).
