Legal cultivation from January 1, 2026: Overview of laws and regulations

Like other cultivation enthusiasts, we at Higarden can’t wait for the amendment to the Criminal Code that will radically change our state’s approach to plants grown in controlled environments. But before the green fever breaks out, we have carefully studied the new laws and bring you a selection of the most important points.

We can undoubtedly say that over the last decades these plants have built a considerable tradition here. They have been and are grown in many a garden, greenhouse, balcony or closet. The truth is that many such daredevils ran into legal trouble and left court with long sentences. Fortunately times are changing and after the president’s signature we can already be sure that from January 2026 cultivation will be legal. How not to step into the minefield of Czech laws you will learn in the following lines.

Who and where will be allowed to cultivate from the new year

The first condition for every aspiring grower will be an age limit. From the new year only persons over 21 will be legally allowed to cultivate plants grown in controlled environments with THC content above 1%. You also can’t plant them just anywhere you please. Cultivation will only be permitted on your own property, or in rented property. The laws do not require any security measures for the grow space, as is the case in some other countries, nor do they define a prescribed method, so the plants may be grown indoor under artificial lighting, outdoors or in a greenhouse.

• persons over 21 years
• own property, rental or other legal relationship
• indoor and outdoor

What cultivation will look like within the law

Whether you decide to grow outdoors or indoors, keep in mind that you must stay within the state-set limits on the number of plants and the weight of harvested material. From the new year it will be permitted to cultivate and process at the same time a maximum of 3 plants grown in controlled environments with THC content above 1%. At the same time, at any one time there may be no more than 100 grams of plant material of plants grown in controlled environments with THC content above 1% in your dwelling.

Experienced growers will surely have noticed that the permitted amounts of held and processed material do not fully correspond to biological reality. Simply put, it can easily happen that your plants produce more than would be legal to harvest. It can be expected that choosing the right cultivation method and a suitable variety will be important. While indoor cultivation under artificial lighting makes it relatively easy to keep plants under control, for legal outdoor cultivation autoflowering varieties or cultivars with low yields will probably be best.

• at most 3 plants
• maximum 100 grams of plant material in the dwelling

The amendment to the Criminal Code will not affect only growers, but will adjust the rules for possession and penalties for unlawful handling of these plants. Adults will now be allowed to carry up to 25 grams of these plants outside the dwelling. If police find more than 50 grams of these plants on you, an offence punishable by a fine up to 50,000 becomes a criminal act. Penalties for unlawful handling (sale, providing to a third person, amounts above the limit, endangering youth and the health of others, and more) are graduated in the newly created paragraph 283a of the Criminal Code. Although penalties for minor breaches have been lowered, for serious offences it is still possible to receive many years behind bars in connection with these plants.

• 5 plants and more — criminal offence
• more than 200 grams of plant material in the dwelling — criminal offence
• more than 50 grams outside the dwelling — criminal offence

Finally, allow us to briefly step away from the topic of cultivation and thank everyone who advocated for the rationalization of the laws on these plants. At Higarden we know that preparing and lobbying for changes in the law was not a walk in the park and we appreciate everyone who did not give up for years. Thanks go not only to activists for these plants, experts and journalists, but above all to each member of our large green family. Brighter times are ahead and we are glad to be part of it.

Interested in news from the world of growing and expert tips for indoor and outdoor growers? Follow our Higarden blog, where we prepare lots of new content tailored to growers of these plants!