Czech govt defines rules of hallucinogenic plants growing

By chillinwill · Dec 8, 2009 · ·
  1. chillinwill
    The Czech government today approved the list of hallucinogenic plants and mushrooms, including hemp, coca, mescaline cactus and magic mushrooms, and decided that people would be allowed to grow up to five pieces of such plants and keep 40 magic mushrooms at home, a CTK source said.

    The cabinet was today also expected to discuss artificial drugs and a permitted amount of these drugs in people's possession.

    However, it postponed the debate for two weeks, the source said.

    The new Penal Code, which will take effect on January 1, is designed to specify the government's directive. It contains a special provision on the growth of hemp and magic mushrooms.

    The government today also approved a directive on the use of anabolics and the list of diseases that will be considered congenial, according to the criminal law.

    The law distinguishes between the possession of marijuana and hashish for people's personal needs, for which they will face up to one year in prison, from the possession of other drugs for which they can receive up to two years in prison.

    According to the Justice Ministry's proposal that the government did not approve today, the possession of over 15 grammes of dried marijuana or over two grammes of methamphetamine (pervitine), cocaine and heroin will be punishable.

    The tolerated amount of drugs in people's possession is at present defined by police internal directives. No one thus knows precisely what amount is considered an amount "larger than a small amount of drug," the possession of which is punishable by the law.

    If the government approves the ministry's proposal without changes in two weeks, people will be able to have four pills of ecstasy in their possession and up to five grammes of hashish.

    December 7, 2009
    CESKE Noviny

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  1. ianzombie

    Swim thinks this is a very mature an sensible approach to drugs. Swim believes that if people are treated as adults and are allowed to grow their own that they will in turn behave more sensibly and treat these plants with greater respect.
    Swim hopes that this approach by the zech Government will work well and hopefully other Governments will look on this as a good idea and try the same.

    Thank you for posting this report, it gives Swim hope that things are changing for the better:thumbsup:
  2. chillinwill
    Czech Govt Allows 5 Cannabis Plants For Personal Use From 2010

    The interim Czech government, led by chief statistician-turned-Prime Minister Jan Fischer, Monday took another step towards making casual marijuana smoking a worry-free affair.

    Fischer’s cabinet defined what constitutes “small amounts” of cannabis for personal use, clarifying the country’s new penal code that from next year decriminalizes cultivation and possession of the plant by individuals.

    As of Jan. 1 ordinary Czechs can grow up to five marijuana plants or have several marijuana cigarettes in their pockets without fear of criminal prosecution. Previously what constituted a small amount was not specified and the police and courts loosely interpreted the penal code case by case, often resulting in incarceration of home growers.

    See story on the cannabis decision from Czech news agency CTK.

    The government’s approval of a table specifying what amounts of drugs are permissible is a vital part of the country’s new penal code that was last year approved by both houses of parliament and in January of this year was signed into law by President Vaclav Klaus. Without the just-approved table of amounts that will be used by Czech police, the January decriminalization of the drug would be difficult to judge by courts and investigators.

    The plant still remains illegal, however, though from the new year possession of five or less plants is merely a misdemeanour, and fines for possession will be on par with penalties for parking violations.

    The Czech decision is in sync with the country’s liberal, Dutch-like social attitudes and laissez-faire approach to civil liberties.

    There is also an interesting lifestyle footnote: Czechs are Europe’s biggest drinkers of hops-infused beer and are also the continent’s leaders in smoking pot.

    Czechs consume 320 pints of the golden brew per person annually. Also 22% of Czechs between the age of 16 and 34 smoke cannabis at least once a year, according to a recent report by the European Monitoring Centre for Drugs and Drug Addiction.

    There may be a botanical reason behind the Czech enthusiasm for the vices.

    Hops, a thumb-sized, bulbous, leafy green flower which is used to give beer its bitter taste, and the similarly shaped, sized and colored cannabis flower are the two sole members of the Cannabaceae family of plants.

    Czech decriminalization of small amounts of cannabis possession does not, however provide greater clarity to the country’s policy on medical marijuana, an issue which is gaining momentum both in Europe, in North America and elsewhere around the globe.

    “Konopi Je Lek”, a Czech non-profit organization promoting medical marijuana recently co-founded the country’s first marijuana dispensary in Prague despite there being no medical marijuana laws on the country’s books.

    The grand opening of the dispensary on Sept. 28 (The Day of Czech Statehood and the holiday of the country’s patron Saint Vaclav, or Wenceslas), was attended by Prague’s Mayor Dr. Pavel Bem, who is also a physician and proponent of sensible use of the herb.

    However since the dispensary opened, Prague police have raided it, hauling away the cannabis meant for patients, and the dispensary is now looking for growers to help restock its supply.

    Some Czech courts in some cases make exemptions to current law to allow for medical use and cultivation of cannabis, sparking legal battles.

    The murky state of medical marijuana in the Czech Republic is akin to the legal limbo of the plant’s medicinal uses elsewhere in Europe.

    By Sean Carney
    December 8, 2009
    Wall Street Journal Blog
  3. Euphoric
    Incredible news. Would this make the Czech Republic the most drug liberal country in the world? Anyone know Czech laws on RCs or what the headshop/legal high scene is like there?
  4. Benga
    Coca ? now's that's pretty much a first outside traditional cultivation areas since the 1961 single convention mentioned the coca plant and leaf....
    anyone have the full list of plants now authorized ?


  5. Alfa
    I wonder how long it will take until collective grow ops will be legal.
  6. papel
    Packing up swim is moving to this country!
  7. chillinwill
    Czech Republic decrimalises all drugs

    The Czech Republic has followed in Portugal’s footsteps, becoming the second European country to formally decriminalise drug possession last week. The country announced specific quantities beneath which users will not be prosecuted. Under the new laws (which come into force on January 1st, 2010) Czech people will be allowed to possess up to four ecstasy tablets, 15 grams (half an ounce) of marijuana, five grams of hash and one gram of cocaine, although the threat of prison sentences is still in place for those in possession of more.

    Czech club promoter Ales Bleha told Skrufff he’s delighted about the new laws, though said he expects them to have minimal impact on Czech people. “Few people have any problems with drugs here already, unless they deliberately provoke the police or do stupid things, and people who already smoke marijuana or use hard drugs will do so the same as before,” he predicted. “The Czech Republic is already sometimes called the second Amsterdam or Amsterdam of the East.”

    “But what’s really important about these new laws is that they represent genuine decriminalisation, which is an important next step towards full legalisation, which I believe is the only possible solution for dealing with drugs and reducing the damage associated with them,” he continued. “I don’t consider drug users as a problem, the problems come from the criminals and mafias involved in selling them. I think the quantities they’ve set are OK too,” Ales explained. “At least speaking from my own personal experience, I only smoke marijuana so I can’t really speak about the other drugs, but I’d certainly never have more than five grams on me.”

    “I hope that drugs will be legalised in the whole [of] Europe within the next decade or two,” he added. “It is the best way [get] this problem under control, because as I already said – the real problem is that presented by drug dealers and drug mafia, not about users. And when drugs are forbidden prices go up and they become more attractive for young people.”

    December 21, 2009
    In The Mix
  8. DarkDead
    As I understand it's not really authorized, but decriminalised: swiy would still pay a fine if caught growing them.

    Anyway, as Benga, I would like to know more details such as the plant's list and if it is really 5 pieces for everything but mushrooms. Google proved fruitless in finding new information.
    Is there any Czech around here that could translate this part of the new law? I'm also quite intrigued about how they list the species: by their name or by active compound?
  9. Sushi
    As far as I know (learned most of it form the main Polish drug site and forum where the subject is understandably hot now) cultivating of 5 plants of cannabis and 40 psilocybin mushrooms will not be fined or penalised in any way - it's perfectly legal now to grow them for personal use.

    What's more anyone is allowed to possess:
    - 15g of marijuana
    - 5g of hash
    - 1.5g of heroin
    - 1g of cocaine
    - 2g of amphetamine (and meth too, although I'm not 100% sure of it)
    - 4 Ecstasy tablets
    - 5 LSD blotters

    No criminal charges anymore for any of the above. If one possess more sentences are 1 year for weed/hash and 2 years for the others. I admit, I can't speak Czech and all this is based on Polish media coverage, but I will try to verify it and add more info.

    Oh, and this tidbit:
    Allegedly Czechs are on the first place for consumption of marijuana. In 2004 1 in 10 Europeans smoked weed and 1 in 5 Czechs.
  10. DarkDead
    Are you sure about this? From the articles above this Czech law seems similar to the Portuguese one.
    Meaning that a person caught growing or transporting an amount of drugs under the limits will see them apprehended and then will have to stand before a comission, like happens in Portugal. That comission will then decide the action (if any) to take, like imposing a fine or sending the person to rehab.
  11. CrystalDextro
    Swim was looking at the countrys in the most debt and found Czech is not on the list, but the UK and USA are.... Swim is seriously considering moving now.... =D
  12. Sushi
    I stressed it in the beginning of my post that my knowledge comes from media reports only, so, no, I'm not sure. Anyway, I've read them once again and can't find any other mention of fines for cultivation or possession of anything within the (now precisely defined) limits. This article seems to be the only one mentioning any fines or possibility of persecution:

    Here are the links to articles in Polish press. None of them mentions any fines either and all of them are unequivocal: no persecution of any kind for cultivation or possession of specified substances as long as their amount is within the set limit:,75478,7403754,Marycha_na_moscie_w_Cieszynie.html,75480,7426247.html,11,polacy_ruszaja_na_narkoturystyke,item.html

    Now I would like to ask, do you have anything to back it up? :laugh:
    Anyway, I know we have Czech members on board, could one of them be so kind and settle the dispute authoritatively?
  13. DarkDead
    Nope. I've got nothing backup my idea. Like you the only information I can access is what comes from the media. [We all know how much trust we can give to what's written in media, specially about drugs.] I was inferring it from the following paragraph that I also quoted in the post above present in the 2nd article posted by chillinwill.
    It sounds exactly like what happens in Portugal.

    [Czech members where are you? A plain translation of the new law would be such an addition to this thread.]
  14. Sushi
    Oh lol, exactely what I've been thinking myself.
    Sadly, not much trust can be given to the media, many journalists diligently earned their reputation of sensationalists, ignorants and conformists...

    Yes, I know, that's the one, coming from the The Wall Street Journal blog. Couldn't find anywhere else anything that would confirm it or support it. Sure, it's not a move that could be legitimately called a "legalisation". I would suppose anyone exceeding those limits set by a new law could actually face criminal charges. But what happens if a person gets detained with an amount of a substance within the limit? Accounts in the Polish media linked above describe dope being openely smoked in Czech pubs, etc, no one being afraid of anything.

    Come out and tell us what's the actual legal situation behind the border.
    Cheep, cheep! We have cookies and good rep for ya! :vibes:
  15. Věnec
    Czech member right here :D...what's posted on the top is absolutelly right...15 gs of weed, u can grow 5 plants of marijuana and 40 mushrooms. U can also cultivate some of the mescaline cacti (don't know the exact ammount of plants, probably 5), u can have 4 XTC pills or capsules (don't know how PILL or CAPSULE is defined for the cops, cos SWIM has one 1g capsule full of MDMA, does SWIM break the law?? :D ), u can also have 2 g of meth, coke...don't know about heroin, its none of my concern (probably 1g of this shit)...
    So lads and gents come to CR, we gonna get high high :)...if u have any questions on topics i didn't mention just ask... :)
  16. Sushi
    Now tell us what would happen if a hypothetical person gets detained and has in his or her possession an amount of a substance (let's say it's marijuana) that is within the limit (i.e. less than 15g)? Or if a plantation of 5 or less cannabis plants is discovered by the law?

    Will it be punished in any way (even if with just a mandatory fine) or is it completely legal and safe and no one can do anything to such person?
  17. Věnec
    In the Czech Republic is defined an amount called ''less than small'' Swim has posted before, those amount were limits for each drug and it is a ''small'' amount...when you pass over that litit you're punishable by law etc, blo blo... when you have a ''small'' amount of a drug and you're caught by cops, u can be punished for misdeameanour...never expierienced with it, but you would probably have to pay some money...these are official restrictions...but cops in here are like: Give me everything you got and then I let you go...maybe.However it depends on which sucker caught you :)

    Hope this will help a bit at least... :)
  18. DarkDead
    I've found a new source with loads of information and downloadable pdfs including the English translation of the new amendments to the Czech law. They confirm Věnec's statements above. The Legal Eagles can now stick their heads into this and share any insights with us.

    Czech Drug-related Legislation (2010) - summary of relevant information and full texts

    Changes in the Czech drug-related legislation (2010)

  19. stryke
    I will tell you my experiences with weed. Growing of maximally 5 plants can theoretically lead to fine around € 60 (5x 300 CZK). But for last 2 years i did not hear anything about such a case, when somebody was fined (our media are very sensitive to this topic and loudly reports this attitude of police and police is affraid of such a negative picture of themselves). There was one case in 2011 when some guy has 600 weed plants and produced salves for ill people. There was the trial which resulted in confiscation of plants and fine. There were also other case of trials with old people growing weed (more then 5) which resulted in some low fines. This cases resulted in law proposal for medical use of marijuana and medical marijuana is going to enter czech pharmacies in the beginning of 2013.

    From my experience smoking of marijuana is widely tolerated, even in midday on square full of people, but they will look on you as to a junkie, because it is generally seen as rude to do it such a publicly. But you can also in some rare cases, when smoking on public places, meet cops, which do not like the attitude of our gowernment, and they will do problems to you, such a presenting your ID cards, not believing that this is you, bringing you to police station and leaving you 3 hrs later to go. Unhurt, but pissed.

    I should also say, that mass production of weed for trade is heavily punished and possessing around 100 flowers can easily lead you to prison for five years or more. 1 kg of pervitin (meth) will give you accomodation in prison for 12 years.

    As a general comment my monkey says, that she lost fear of possessing and growing of weed for her own need before many years as police does not and did not care about tiny amount holders anymore.
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