Marijuana, cannabis, weed, ganja, weed. Some associate it with a quiet Friday night playing video games, others see it as an inevitable path to hard drugs, and still others find it helps with chronic pain. In this article, we’ll look at its legal aspects, debunk many myths and present the current developments leading to legalisation.
Drugs and their treatment in our country are mainly regulated by the law on addictive substances. It considers narcotic drugs and psychotropic substances of natural or synthetic origin that have psychoactive effects and are also listed in the list of addictive substances to be addictive substances. It also includes solutions containing those substances, poppy, cannabis and coca bush, with the exception of cannabis, which contains no more than 1 % of substances of the tetrahydrocannabinol (THC) group.
It is therefore clear from the definition that marijuana is considered a drug and an addictive substance , with the exception of cannabis containing no more than 1 % THC. It therefore does not usually apply to the cultivation of industrial hemp, various hemp ointments, tinctures or oils that are used for medical purposes.
The Criminal Code sets out what is prohibited and criminal in the field of drugs. It clearly prohibits the import, export and sale of marijuana. Penalties can reach up to 18 years’ imprisonment in the most serious cases (for example, if the sale is on a large scale and results in serious injury or death).
Tip: We have described everything about imprisonment in our article.
Similarly, it is prohibited to use marijuana for personal use and possession. However, it is only a criminal off ence if you possess “more than a small quantity”.This is roughly equivalent to more than 10 grams of marijuana and can result in a prison sentence of up to one year, a ban on activities or confiscation of property. If you are in possession of a smaller quantity, it is only a misdemeanour. Any quantity is therefore prohibited.
Growing cannabis is also prohibited, and here too it is a criminal offence if you grow more than a small quantity (roughly three cannabis seedlings). This carries a penalty of up to 6 months imprisonment, a fine or forfeiture.
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Marijuana may also be subject to the offence of dissemination of intoxication. This is committed by anyone who entices or encourages another to abuse marijuana or who otherwise encourages or spreads the abuse of marijuana. This offence is punishable by up to three years’ imprisonment or prohibition of activity.
Under these rules, it is not uncommon for offenders to receive a much harsher sentence than they would receive for, say, a violent crime. A concrete example is the case of Matej Černý, who was given 12 years in prison for growing marijuana.
Overall, the laws regarding marijuana are set very strictly in the Czech Republic and long prison sentences are not exceptional. This has been, and is, the case in many other countries, but current developments are moving in the direction of easing penalties and legalisation.
Current developments in the world are moving towards greater openness towards cannabis. This is also linked to decriminalisation, legalisation or at least partial legalisation in many countries. The Netherlands is a typical example. Here, the recreational use of marijuana has been legal since 1976. However, it only applies to marijuana sold in so-called coffee shops, which have a special licence.
However, Malta and Luxembourg are among the European countries with the most liberal approach to cannabis. In Malta, it is legal to carry up to 7 grams of cannabis, keep up to 50 grams at home and grow up to four plants. It is also legal to sell within licensed clubs. In Luxembourg, it is also possible to grow up to four plants and use cannabis recreationally in the privacy of the home.
Germany has also recently joined the ranks of countries allowing recreational use of marijuana, and it’s a really big deal. Since 1 April this year, adults can grow up to three cannabis plants and carry up to 25 grams of dried marijuana. Sales will be possible in licensed clubs.
The legalisation of marijuana in the Czech Republic has passed several important milestones and the development continues to become increasingly open. On 1 January 2010, the possession of small amounts of marijuana for personal use was decriminalised. The Criminal Code established that possession of 15 grams of dried marijuana or 5 plants is only a misdemeanour, no longer a criminal offence. However, the information on the exact weight and quantity was later removed and is now defined as greater than a small amount and is therefore assessed on a case-by-case basis.
In April 2013, the use of marijuana for medicinal purposes was legalized. The law thus allows doctors to prescribe cannabis for patients with serious medical conditions such as multiple sclerosis, cancer, AIDS, and certain types of chronic pain.
In 2022, the law governing the cultivation of cannabis for medicinal purposes was amended. This expanded the possibilities for growing and exporting cannabis abroad. Conditions for the cultivation of technical cannabis were improved and overall the processes relating to the use of cannabis for medicinal purposes and the disposal of technical cannabis were facilitated.
Progress towards legalisation continues. In early May, the Chamber of Deputies passed a law on psychomodulatory substances, which includes low THC cannabis. If all goes according to plan, it should enter into force as early as 1 January 2025. The law should curb the unregulated trade and abuse of psychomodulants. They should be sold by licensed dealers.
Whichever side of the barricade you stand on, it must be acknowledged that each side has its pros and cons. On the one hand, legalisation could reduce crime associated with the black market and organised drug activity. The economic benefits are also considerable. The tax revenue from the sale of legal cannabis would certainly not harm our budget and, in addition, new jobs would be created in the cannabis cultivation and distribution industry.
On the other hand, there are arguments against legalisation, which include health risks, the risk of abuse and addiction, the impact on society and ethical and moral issues. Indeed, regular cannabis use carries negative mental health implications, including increased risk of anxiety, depression and psychosis. Long-term use can also adversely affect cognitive function, particularly in young people. Legalisation could lead to an increase in regular cannabis users, addiction , etc.
Another important factor is the impact on society. Increased availability of cannabis may lead to more accidents caused by drivers under the influence of cannabis. The social and economic costs associated with addiction treatment and its consequences may then outweigh the economic benefits from taxation.
The legalisation of marijuana in the Czech Republic is a topic that has generated much debate and has its supporters and opponents. Current laws are strict and criminalise the cultivation, possession and sale of marijuana. Although a number of European countries have already moved towards liberalisation, the Czech Republic has so far proceeded more cautiously. However, the new law on psychomodulants, which could come into force in 2025, is a significant step towards greater openness towards recreational cannabis use.
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