What legalization won't bring: Most common myths about the amendment to the Criminal Code
From January 2026 the long-awaited amendment to the law regulating the rules for growing and possessing annual plants will come into effect. Although tabloid headlines often speak of legalization, the actual form of the amendment is not that revolutionary and much will still remain outside the law. In the following lines you will learn how to grow legally and what to watch out for.
Myth 1: From January 2026 I can buy it in every shop
No. The law does not allow the sale of annual plants or products derived from them with THC content over 1%. Legally you can therefore still obtain them only by prescription at a pharmacy – not at the corner shop or in dubious specialty shops. The amendment legalizes only limited home cultivation and possession for personal use.
Myth 2: Every adult can grow whatever they want wherever they want
By no means. Under the new laws only persons over 21 years old will be allowed to legally grow them, and only up to three plants. Moreover, only in a property to which the grower has a legal relationship (e.g. ownership or tenancy). If the police find more than five plants at your place, it is no longer a misdemeanor but a criminal offense.
Myth 3: If I grow three plants I face no penalty
Growing three plants will be permitted, but the yield from them may be illegal. The new laws allow possession of a maximum of 100 grams of harvested plant material in a dwelling (25 grams outside it). If you harvest more than 200 grams from your three plants, it will still be a criminal offense.
Myth 4: Growing "for a friend" is fine
Wrong. The new legislation allows only cultivation for personal use. Any transfer, whether by sale, gift or just "to try", remains a criminal offense. Likewise, it will be illegal to grow for another person or if it can be shown that you assisted another person with cultivation.
Myth 5: The police will no longer be interested in growers
Not entirely. The police and prosecuting authorities will be given clearly defined boundaries and legal tools to sanction unauthorized handling of annual plants, in the form of a new paragraph 283a. The number of plants, weight, processing methods, offences and criminal acts will be easily provable and closely scrutinized. It is naive to think the police will avoid these cases.
Now you know how to grow safely and what to avoid. And what equipment will you need for that? Useful tips and guides on indoor and outdoor cultivation can be found on our Higarden blog.