Cultivating Europe: Poland's Legal Cannabis Industry

Poland's cannabis legislation presents a multifaceted picture, encompassing medical access, ongoing debates surrounding recreational use, a thriving industrial hemp sector, and a developing market for CBD products.

Understanding Poland’s Cannabis Regulations

Medical Use

• THC Threshold:
  • Polish law differentiates between "Non-Fibrous Cannabis" (containing more than 0.3% THC in flowering or fruiting tops) and "Fibrous Hemp" (industrial hemp). The 0.3% THC threshold was increased from 0.2% on May 7, 2022.
• Cultivation for Medical Purposes:
  • Research institutes can cultivate Non-Fibrous Cannabis for pharmaceutical raw materials with a permit from the Chief Pharmaceutical Inspector (CPI).
  • Scientific entities can also grow Non-Fibrous Cannabis for scientific purposes with a CPI permit.
• Import and Sale:
  • Import and sale of Non-Fibrous Cannabis for medical use as a pharmaceutical raw material is permitted.
  • Non-Fibrous Cannabis herb, tinctures, resin, and extracts can become pharmaceutical raw materials after obtaining a marketing authorization from the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products.
• Distribution to Patients:
  • Medical cannabis is distributed to patients through pharmacies as prescription medicine, prepared based on a doctor's prescription.
• Legal Consequences:
  • Violations of Non-Fibrous Cannabis laws are criminal offenses, punishable by fines or imprisonment.
• Prescription regulations:
  • On 2 August 2023, legislation came into force that requires a doctor to verify a patient's prescription history before prescribing medical cannabis.
  • A prescription necessary for the continuation of treatment can be issued if no more than three months have elapsed since the patient was last examined.
  • From 1 November 2023, prescriptions for medical cannabis can only be issued in electronic form.

Recreational Use

• Prohibition:
  • The production, import, and sale of recreational Non-Fibrous Cannabis are strictly forbidden in Poland.

Industrial Use (Fibrous Hemp):

• Permitted Uses:
  • The law does not provide an exhaustive list of permitted uses.
  • Since May 7, 2022, permitted cultivation sectors include:
    • Textile, chemical, pulp and paper, cosmetics, pharmaceutical, and energy industries.
    • Seed industries and scientific research.
    • Breeding hemp varieties, land rehabilitation, and remediation.
    • Food, veterinary, fodder, beekeeping, fertilizer, and insulation purposes.
    • Production of composite materials, building materials, and natural plant protection products.
• Cultivation for Own Use:
  • Since May 7, 2022, Fibrous Hemp can be grown for own use in: food, veterinary, fodder, beekeeping, fertilizer, insulation, textile, energy industries, land rehabilitation, remediation, and production of composite materials, building materials, and natural plant protection products.
  • Cultivation for own use is limited to 1 hectare per year.
• Registration:
  • All producers and collectors of Fibrous Hemp must register with the National Agriculture Support Centre (KOWR).

CBD

• Legal Status:
  • Poland lacks specific CBD regulations.
  • The law distinguishes between Non-Fibrous Cannabis and Fibrous Hemp based on THC content.
  • CBD derived from hemp with less than 0.3% THC is not a controlled substance.
  • CBD is increasingly popular in food and cosmetics.

Patentability

• General Patent Law:
  • Cannabis-based products can generally be patented in Poland, as industrial property law has no specific restrictions.
  • Patents are not granted for inventions contrary to public order or decency, but legal prohibitions alone do not constitute a violation of public order.

Key Dates in Polish Cannabis Legislation:

• 1997: Criminalization of narcotic possession, including cannabis.
• 2011: Discretion for prosecutors to drop charges for small-scale personal possession.
• July 2018: Legalization of medical cannabis.
• November 2018: Medical cannabis law takes effect.
• May 2022: Regulations permit cultivation of non-fibrous cannabis for pharmaceutical raw materials.

We will be following up with an article on current opportunities in Poland's dynamic cannabis industry. If you’re considering a career in this field, stay informed about the latest legislative changes and industry trends. The coexistence of medical cannabis, decriminalization debates, industrial hemp, and a growing CBD market highlights the complexity of Poland's regulations.

See you in the next article!

In the previous article of this series, we delved into Malta's legal cannabis landscape and the job opportunities it offers. Here’s the link if you’d like to read it: Cultivating Europe: Malta's Legal Cannabis Industry