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The long-awaited submission of a Czech government draft bill for the regulation of recreational cannabis was not received favourably by conservative representatives, leading to a discussion focused on self-cultivation only.
The draft bill of the Cannabis Management Act, which was submitted in the first half of July, revolved around three pillars, namely self-cultivation, a distribution system based on cannabis associations, and a more innovative regulated market based on a licensing system and a seed-to-sale tracking mechanism.
Not all the pillars of the bill, though, are likely to be pushed forward by its promoters due to fierce opposition from some political representatives of the country’s leading coalition parties.
Lukáš Hurt, co-founder of cannabis non-governmental organisation Rational Regulation (RARE), told CannIntelligence: “The draft bill, including the three pillars of home growing, regulated market and social clubs, has been refused by the Christian Democrats, but that was not surprising at all.
“So the current discussion is around allowing home growing only, because that’s the only pillar Christian Democrats seem to be willing to accept.”
Relying on the Pirates
Hurt said that RARE, an umbrella of cannabis organisations advocating for the adoption of the bill, and other stakeholders are still pushing for the draft to be discussed and submitted as a whole.
“We are still very hopeful that the regulation can still be pushed forward,” he said. “We only need to either persuade the Christian Democrats to withdraw their objections, which are not based on science anyway, or convince the prime minister to bypass them or force them to accept the complete bill.”
Hurt said that RARE and other advocates for the adoption of a comprehensive adult-use cannabis regulation law are lobbying with the liberal progressive Czech Pirate Party, which, while being a minority force within the otherwise centre-right leading coalition, still has a say in government discussions.
“We are also very closely working with the Pirate Party to object to any bill that would omit a regulated market,” he said.
“There is still time to pass the law that includes the regulated market,” he added, referring to a legal market model for recreational cannabis which the country was expected to introduce as the first of its kind in Europe before a new, scaled-down proposal was released at the beginning of this year.
Vobořil’s legacy
Both the proposal, which mentioned self-cultivation and social clubs, and the more recent draft bill were promoted by exiting national anti-drug coordinator Jindřich Vobořil, who stepped down in July and whose resignation will be effective starting from the end of August.
Vobořil, regarded as an ally by cannabis legalisation advocates, will still work as expert adviser to the government after that.
Based on Vobořil’s latest bill, anyone who cultivates cannabis, be it for private use, within a cannabis association context or within a dispensary system, will have to register with the government and operate under a licence.
Users would also have to register for a permit with the Office of the Government of the Czech Republic based on the activity they want to participate in – self-cultivation, becoming a member of a cannabis association, or being a customer of a cannabis establishment. The permit would be valid for an indefinite period of time.
Not seen as enough for now
The draft bill does not provide much more detail on how the regulated market would operate, but it mentions the licensing of “cannabis establishments”, which are likely akin to dispensaries. Vobořil told CannIntelligence in May 2023 that he hoped cannabis would be distributed through pharmacies as non-prescription drugs, though this detail was not included in the draft bill.
In addition, possession of up to 10 g of cannabis for personal use would be decriminalised, whilst home growers would see their limit of allowed possession increased to 30 g in public and 1,500 g at home, with a cultivation area cap of 3 sq m.
Self-cultivation, though, while the only point of the bill currently being considered for discussion, is regarded as insufficient by the cannabis sector as the focus of a regulation.
RARE chairman Robert Veverka said: “Although the intention of the government coalition to allow adults to grow their own cannabis may be positive, it is also half-hearted and definitely insufficient.
“Only a comprehensive regulation of cannabis which, in addition to the rights of the individual, will allow adults to delegate this right to another person or to buy cannabis in the appropriate consumer good quality from a specialised store will ensure the desired goals.”
Achieving less than Germany
Up until less than a year ago, a race between the Czech Republic and its prominent neighbour Germany for the enforcement of the first wide-scale regulation of recreational cannabis in Europe had analysts wondering whether either country would actually fulfil its promise to introduce a regulated market.
When Germany enforced its first regulation partially legalising recreational cannabis in April this year, it failed to introduced a wider legalisation model but still implemented a distribution system based on cannabis clubs.
While German cannabis clubs, officially allowed to operate since July this year, are struggling to meet unrealistic bureaucratic requirements and costs to be able to get underway, the Czech Republic, which was expected to follow in its neighbour’s footsteps, is currently not even discussing this proposed model of distribution.
It is still not clear whether pressures from the Czech cannabis sector, the country’s exiting anti-drug coordinator and allies in minor parts of the leading coalition will be enough to widen the legal debate over the content of the upcoming cannabis regulation.
– Tiziana Cauli CannIntelligence staff
Photo: Nastya Dulhiier
