What are the penalties for possessing marijuana in Poland 2026 (FAQ)
What are the consequences of possessing marijuana in Poland 2026: answers to the most common questions and what studies say. u Bucha.
Possessing marijuana in Poland is a crime - not an offense, not an administrative violation, but a crime punishable by up to 3 years of imprisonment under Article 62 of the Act on Counteracting Drug Addiction (Journal of Laws of 2023, item 1939). At the same time, Polish law gives prosecutors a discretionary tool - Article 62a - allowing them to dismiss cases for minor amounts. In practice, this means that two people caught with similar amounts may face completely different consequences. This article explains what the law says, what the undefined terms mean, and what rights you have after an arrest. It is not legal advice.
KEY INFORMATION
• Possessing marijuana in Poland carries a penalty of up to 3 years of imprisonment (Article 62, paragraph 1 of the Act on Counteracting Drug Addiction, Dz.U. 2023 poz. 1939).
• Article 62a of the UPN gives the prosecutor the ability to dismiss for minor amounts for personal use - this is a right, not an obligation.
• "Minor amount" and "significant amount" are undefined terms - defined by court jurisprudence, not by the law.
• CBD products with THC below 0.3% are legal - keep the certificate of composition (CoA) with the product.
Article 62 of the UPN - legal basis and penalty threat
The Act on Counteracting Drug Addiction from 2005 (repeatedly amended, consolidated text: Journal of Laws of 2023, item 1939) regulates the issue of possession of narcotic substances in Poland. Key provisions for possessing marijuana:
Article 62, paragraph 1 of the Act on Counteracting Drug Addiction: Anyone who, contrary to the provisions of the law, possesses narcotic substances or psychotropic substances is subject to imprisonment for up to 3 years. Marijuana (Cannabis sativa, cannabis resin, THC) is listed in the catalog of narcotic substances of groups I-N and IV-N.
Article 62, paragraph 2 of the Act on Counteracting Drug Addiction: If the act involves a significant amount of narcotic substances, the perpetrator is subject to imprisonment from 1 to 10 years. The penalty in this provision is absolute at the lower limit - a lower sentence cannot be imposed without extraordinary mitigation.
Article 62, paragraph 3 of the Act on Counteracting Drug Addiction: In the case of lesser severity, the perpetrator is subject to a fine, restriction of freedom, or imprisonment for up to 1 year. This gives the court flexibility in minor cases, although still within the framework of criminal responsibility.
| Provision | Factual state | Penalty threat |
|---|---|---|
| Article 62, paragraph 1 of the Act on Counteracting Drug Addiction | Possession of marijuana (any amount) | Up to 3 years of imprisonment |
| Article 62, paragraph 2 of the Act on Counteracting Drug Addiction | Possessing a "significant amount" | From 1 year to 10 years of imprisonment |
| Article 62, paragraph 3 of the Act on Counteracting Drug Addiction | Case of lesser severity | Fine, restriction, or up to 1 year of imprisonment |
| Article 62a of the Act on Counteracting Drug Addiction | Minor amount, personal use (prosecutor's decision) | Dismissal of proceedings - without a verdict, without a criminal record. |
| Art. 72 UPN | Cultivation of cannabis (even for personal use) | Up to 3 years of imprisonment |
Data update: May 4, 2026
Art. 62a UPN - czym jest i co daje w praktyce?
Article 62a of the Act, added by amendment in 2011, states: "If the subject of the act referred to in Article 62, paragraphs 1 or 3, involves narcotic drugs or psychotropic substances in a minor amount, intended for the perpetrator's personal use, the proceedings may also be dismissed before the issuance of a decision to initiate an investigation or inquiry, if a ruling against the perpetrator would be purposeless due to the circumstances of the act and the degree of its social harmfulness."
Key word: "may". This is the prosecutor's discretion, not their obligation. In practice, the application of Article 62a is very uneven in Poland - it depends on the region, specific prosecutor's office, and even the specific prosecutor. Data from reports by the National Center for Counteracting Addiction indicate that in some prosecutor's offices, Article 62a is applied regularly, while in others - sporadically.
It is worth knowing that dismissal under Article 62a is not the only option for small amounts. The court may also apply conditional dismissal of proceedings (Articles 66-68 of the Penal Code) - requiring an admission of guilt, but not resulting in a record in the National Criminal Register after a successful probation period. The difference is significant: Article 62a dismisses at the prosecutorial stage (without going to court), while conditional dismissal is a court ruling with conditions. In both cases, you avoid a conviction and a record in the National Criminal Register.
Undefined terms: "minor amount" and "significant amount"
The Act on Counteracting Drug Addiction does not numerically define either "minor amount" or "significant amount". These are undefined concepts, filled by court jurisprudence. This lack of precision is one of the main legal problems of the UPN - it causes legal uncertainty and unequal treatment of similar cases in different regions.
For "significant amount," the Supreme Court has developed a line of jurisprudence indicating that it refers to an amount sufficient for "one-time intoxication of at least several dozen people" (Supreme Court resolution from 2005). In practice, for marijuana, courts usually accept a boundary of several dozen to several hundred grams - but this is not a rigid and unconditional boundary.
For "minor amount," the jurisprudence is more varied. Generally, it refers to an amount sufficient for several uses by one person - in practice, prosecutors refer to a few grams. However, this boundary can range from 1 to several grams depending on the prosecutor's office.
Konopie CBD a prawo - kiedy jest legalnie?
Products from industrial hemp containing less than 0.3% THC - including CBD flower - are legal in Poland as products from industrial hemp. Legal basis: Act of November 29, 2000, on organic farming (as amended) and the Regulation of the Minister of Agriculture and Rural Development regarding the list of cultivated plants (Journal of Laws 2022, item 2556), which allows the cultivation of varieties of hemp from the EU catalog of plants - the same ones from which legal CBD flower is produced.
The 0.3% THC limit comes from EU law: Regulation 1307/2013 (EUR-Lex 32013R1307) establishes this limit for industrial hemp eligible for agricultural subsidies. In practice, this means that CBD flower with a CoA certificate confirming THC content below 0.3% is a legal product in Poland.
Practical advice: if you possess CBD flower or other hemp products, always keep a current CoA certificate from an independent laboratory with you or with the product. Police officers may not be familiar with the details distinguishing legal CBD flower from illegal marijuana.
Frequently Asked Questions
What are the penalties for possessing marijuana in Poland in 2026?
Possessing marijuana is a crime under Article 62 of the Act on Counteracting Drug Addiction (Journal of Laws 2023, item 1939). The penalty is up to 3 years of imprisonment for possession, from 1 year to 10 years for possession of a "significant amount." The prosecutor may dismiss proceedings for minor amounts for personal use (Article 62a) - but this is a discretionary instrument, not a subjective right.
What does "minor amount" mean in Polish drug law?
The law does not define the number of grams - this is an undefined concept interpreted by prosecutors and courts. Generally, it refers to an amount intended solely for several uses by the possessor. In practice, prosecutors accept a boundary of a few to several grams, but each case is assessed individually. The lack of legal certainty regarding this boundary is one of the main problems of the UPN.
Does Article 62a UPN guarantee discontinuation for small amounts?
No. Article 62a is the prosecutor's discretion, not an obligation. They may, but do not have to dismiss. The decision depends on the amount, circumstances, the suspect's attitude, previous criminal record, and the practices of the specific prosecutor's office. The application of Article 62a is uneven in Poland - it cannot be relied upon as a certain means of avoiding responsibility.
What is a "significant amount" and what penalty does it carry?
The Supreme Court interprets "significant amount" as sufficient for "one-time intoxication of at least several dozen people." For marijuana, it is generally estimated to be above 100-200 g, although the boundary is not rigid. Possessing a significant amount carries a penalty of 1 to 10 years of imprisonment (Article 62, paragraph 2 of the UPN).
Is possession of CBD (hemp flowers) legal in Poland?
Products made from industrial hemp containing less than 0.3% THC are legal. This limit arises from EU regulations on industrial hemp (EUR-Lex 32013R1307). Keep the certificate of composition (CoA) with the product - confirmation of legal THC content may be crucial in case of inspection.
Does possession of marijuana affect the criminal record?
A conviction under art. 62 UPN results in an entry in the National Criminal Register. Consequences include difficulties in applying for jobs that require a clean record and visa issues in some countries. Conditional discontinuation of proceedings by the court or discontinuation by the prosecutor (art. 62a) does not result in an entry in the National Criminal Register.
What to do after being detained for possession of marijuana?
Upon detention, you have the right to remain silent (Article 175 of the Code of Criminal Procedure) and the right to a defender (Article 6 of the Code of Criminal Procedure). You do not have to sign anything without a lawyer. Do not admit guilt without consulting an attorney. Contact a lawyer specializing in criminal law as soon as possible. This information is educational in nature - each situation requires individual assessment by a lawyer.
This article is for informational and educational purposes and does not constitute legal advice. The legal status described in the article is valid as of the publication date - regulations regarding cannabis may change. Consult a lawyer or current legal acts before making decisions.
Author: Michał Waluk · Published: 2026-05-04 · Updated: 2026-05-04
