Legality of CBD purchases in Poland: safe online shopping 2026

Purchasing industrial hemp products online is legal in Poland, and doubts arise not from the law itself, but from the category in which the seller places the product. Cannabidiol is not listed in the controlled substances registry, the trade of plants and products from industrial hemp is permitted, but the food status of extracts remains unresolved in the European Union. This article clarifies three things at once: how the 0.3% threshold is calculated and where it comes from, why CBD extracts are considered novel food and what that means for labeling, and what rights the consumer has when the shipment does not match the description. Some regulations regarding complaints changed in 2023 and are still sometimes described in the old way.

KEY INFORMATION
• Cannabidiol is not listed in the controlled substances registry, and products from industrial hemp can be sold, including by mail.
• The 0.3% threshold is calculated as the sum of delta-9-THC and THCA based on dry weight, rounded to one decimal place (Article 4 point 5 of the Act on Counteracting Drug Addiction).
• The basis of the threshold is Dz.U. 2022 poz. 763, effective from May 7, 2022; the national threshold corresponds to the EU one, but it does not derive from it.
• CBD extracts are treated as novel food in the EU without authorization; notification of sanitary authorization does not replace it.
• From January 1, 2023, consumer complaints are handled according to the regulations on non-compliance of goods with the contract, not according to the warranty from the Civil Code.

What is the legal status of CBD in Poland in 2026?

Cannabidiol is legal in Poland because it is not listed in any of the controlled substances lists. The trade in products from industrial hemp, i.e., varieties of Cannabis sativa L. that fall within the statutory THC content threshold, is also legal. The mail-order sale of such products to adults does not require a separate permit.

The basis is the Act of July 29, 2005, on counteracting drug addiction (t.j. Dz.U. 2023 poz. 1939). The definition of industrial hemp in Article 4 point 5 of this act received its current wording from the Act of March 24, 2022 (Dz.U. 2022 poz. 763), effective from May 7, 2022. This act raised the threshold from 0.20% to 0.3%, not the law published on the same day with position number 764, which concerns registers and cultivation purposes.

The distinction is not a mere editorial formality. Both acts are from March 24, 2022, both were published on April 6, and both came into force on May 7, so they are often confused, and referring to the wrong one leads the reader to a provision where the threshold is not mentioned at all. It is also worth using the service eli.gov.pl instead of the older ISAP portal, as the latter is subject to an anti-bot barrier and does not show the content of the act.

What does this mean for the buyer? Cosmetics with cannabidiol, dried industrial hemp, vaporization products, and oils sold outside the food category have a clear legal basis. The area that remains unresolved includes dietary supplements and food with CBD extract, which formally require authorization as novel food. Products exceeding the threshold and those assigned therapeutic effects without registration as medicinal products are illegal.

The legality of cannabidiol does not extend to all substances sold in cannabis shops. Hexahydrocannabinol, abbreviated as HHC, is a controlled substance in Poland, and its trade remains prohibited, regardless of how the product is labeled on the product card. An offer containing such an item signals that the seller is not keeping track of changes in the lists, which undermines the credibility of the entire assortment. The distinctions between individual cannabinoids are organized in a summary about what is legal among HHC, HHC-O, and THCP.

What exactly does the 0.3% THC threshold mean?

The 0.3% threshold refers to the sum of two compounds, not just one. The law speaks of the total content of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid (THCA) in flowering or fruiting tops of plants from which the resin has not been removed, calculated on a dry weight basis. The sum is rounded to one decimal place.

This distinction changes the result of the laboratory test. THCA is the acidic precursor form that, under the influence of temperature, converts to delta-9-THC, and in fresh plant material, it usually constitutes the majority of the pool. Therefore, measuring only delta-9-THC would show a value significantly lower than that examined by the control body. A certificate that only states delta-9-THC does not answer the question of compliance with the threshold.

The national threshold corresponds to the EU threshold, but it does not derive from it. The Regulation of the European Parliament and Council (EU) 2021/2115 allows, from January 1, 2023, cannabis varieties with THC content up to 0.3% within the Common Agricultural Policy. The previous regulation 1307/2013 established 0.2% and has been repealed. These are two separate regulations with the same numerical value, and the Polish law does not cite the EU regulation as its basis. The history of the threshold itself is elaborated in a separate text about where the 0.3% THC limit came from.

The method of measurement directly results from this definition. Laboratories measure cannabinoids using liquid chromatography, which allows separating the acidic form from the decarboxylated one and counting both separately, or gas chromatography, in which the high temperature of the injector converts THCA into delta-9-THC even before measurement. Thus, the method changes what is visible in the result table, and therefore the certificate should state the applied technique alongside the numbers.

It is also worth knowing what the threshold does not cover. It refers to plant material, not to the finished product, and does not replace separate limits for food from hemp seeds. For the latter, the Commission Regulation (EU) 2023/915 sets weight values: 3.0 mg/kg for seeds and products processed from them and 7.5 mg/kg for hemp seed oil.

Why is CBD considered novel food and what does it mean in 2026?

In January 2019, the European Commission updated the novel food catalog and included extracts from hemp containing cannabidiol. The consequence is clear: before such an extract can be marketed as food or a dietary supplement ingredient, it needs EU authorization. Without it, it remains outside the legal food circulation, although it does not cease to be legal in other categories.

The scientific assessment is the responsibility of the European Food Safety Authority. In 2022, EFSA stated that based on the available data, it could not conclude the safety assessment of cannabidiol as novel food, and pointed out gaps concerning the liver, gastrointestinal tract, nervous system, hormonal system, and reproductive and genotoxicity. At the time of issuing the position, 19 applications were being considered (EFSA, 2022).

The most common misunderstanding concerns the role of the sanitary inspection. Notification of the introduction of a food product to the Main Sanitary Inspectorate is a notification, not a permit. It does not determine the status of the ingredient, does not replace the authorization of novel food, and does not protect against later questioning of the product. The statement "product reported to GIS" on the product card does not mean what it suggests.

This is where the terminology comes from, which at first glance seems evasive. Descriptions such as "collector's product," "aromatic extract," or "oil for external use" are not marketing tricks, but a consequence of the fact that the food category remains closed until authorization. A seller who still calls the extract a dietary supplement takes on the risk of a dispute with the control body, along with the risk of recalling the batch from sale.

For the buyer, the conclusion is practical. A product described as hemp oil, an extract for external use, or a cosmetic has a simpler legal status than the same composition labeled as a dietary supplement. This does not change the contents of the bottle, but it does change the risk that the batch will be withdrawn from the market. This topic is further developed in a text about the regulation of CBD products.

What should you check before buying CBD online?

Before making a purchase, it is worth checking four things: the seller's registration data, the terms and conditions, the product description, and the batch analysis certificate. All are public and available without contacting customer service, and their absence is as valuable information as their content.

The registration data comes first because it determines whether there will be someone to contact. A legally operating store provides the company name, registered office address, tax identification number, and REGON number in the footer, and the company additionally provides a number in the National Court Register. You can check the data of a natural person running a business in CEIDG, a company in the KRS search engine, and the taxpayer status in the list maintained by the Ministry of Finance. Fabricated data will not survive a minute of such scrutiny.

The terms and conditions come second and should be read selectively, not in full. Look for provisions on withdrawal from the contract within 14 days, the complaint procedure, the costs of returning the goods, and the processing of personal data. A general or copied terms and conditions from another store, with someone else's name left in the content, tells you more about the seller than assurances on the homepage.

The product description should provide the concentration, type of extract, capacity, carrier oil, and source of the raw material. The certificate of analysis should be available with the product card, not "upon request after purchase." Reversing this order is convenient only for the seller: the document you receive after payment is no longer useful for making a decision.

Also check how the store describes the product's effects. Claims about treating specific diseases are prohibited without registering the product as a medicinal product, and their presence indicates the seller's willingness to circumvent regulations in other areas as well. A reliable description discusses the composition and method of use, indicates the limitations of scientific data, and does not promise therapeutic outcomes.

The last thing is to verify age and delivery rules. A store selling products intended for adults should have this written in its regulations, not just as a message upon entering the site. In the delivery rules, look for the declared shipping date, list of carriers, and information on what happens to the order when the product is temporarily unavailable.

How to read the CBD product certificate of analysis?

The certificate of analysis is effective in four areas. The header should include the name of the laboratory along with the accreditation number according to ISO/IEC 17025 standards. Accreditation ensures the repeatability of results and the reproducibility of measurement standards. A document without this number is a report that has not been verified by anyone external.

The second section is the sample identification: product name, batch number, production date, and testing date. The batch number must match the labeling on the package you hold. A general certificate "for the product," the same regardless of the series, does not correspond to how quality control looks, as the composition of the plant material changes between harvests.

The third section provides the cannabinoid profile in milligrams per gram or as a percentage. Compare the cannabidiol content with the declaration on the label and check the THC position. With purified extracts, you will see a result described as not detected or reported below the limit of quantification, which is significant for individuals undergoing tests for psychoactive substances.

The fourth section covers contaminants: heavy metals, pesticide residues, residual solvents from extraction, and microbiological testing. Cannabis absorbs metals from the soil exceptionally effectively, so this part is not an addition. A certificate stating only the percentage of cannabidiol, without testing for contaminants, describes less than half of what is worth knowing about the batch.

The way the document is made available also says something. The best solution is a link to the file directly on the product card or a QR code on the packaging leading to the current test result of that series. Providing the certificate only after contacting customer service is not a violation of regulations, but it takes away the document's function, as it ceases to be a tool for comparing offers before purchase.

It also happens that the certificate is genuine but does not pertain to what you are buying. The document may come from the raw material producer, not from the manufacturer of the finished product, and may describe the extract before dilution in carrier oil. The result will then be many times higher than the declaration on the bottle, which can be misleadingly interpreted as proof of exceptional quality. Check whether the tested sample is the final product.

What rights does a consumer have when purchasing remotely?

A consumer has 14 days to withdraw from a distance contract without giving a reason. The period runs from the day the item is taken into possession, not from the day the order is placed. The seller has 14 days to refund the payment, counted from receiving the withdrawal statement. The basis is the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827).

Withdrawal has exceptions listed in the law. These include items delivered in sealed packaging, which cannot be returned once opened due to health or hygiene protection. Unopened oil falls within the right to withdraw without discussion; for unsealed packaging, the seller may invoke this exception, although many stores accept returns nonetheless.

The second path is a complaint, and here many guides describe an outdated state. Since January 1, 2023, liability towards the consumer is based on regulations regarding the non-conformity of goods with the contract, transferred to the Consumer Rights Act by the Act of November 4, 2022 (Dz.U. 2022 poz. 2337). The warranty from the Civil Code remains for non-consumer purchases. The seller is responsible for non-conformity revealed within two years from the delivery of the goods.

The practical difference between these paths is simple. Withdrawal does not require justification, but is limited to 14 days and applies to unused goods. A complaint regarding non-conformity lasts for two years and includes opened products, but requires demonstrating that the goods do not conform to the contract, such as the declared concentration. When disputing the composition, it is this second path that is appropriate.

How to recognize an untrustworthy CBD store?

An untrustworthy store usually reveals itself in four areas at once: in company data, in the offer, in communication, and in documentation. A single signal may be a coincidence, but the convergence of two or three is sufficient reason not to provide credit card information.

The first area is the website and data. Lack of a tax identification number, lack of a registered address, a domain registered a few weeks earlier, descriptions with visible grammatical errors, and product photos taken from stock photo banks without producer markings. You can check the age of the domain in the internet archive, and the company's data in public registers.

The second area is the offer. A price significantly lower than the rest of the market, time pressure such as messages about the last items, and promises of treating specific diseases. Attributing medicinal properties to a product without registration as a medicinal product is prohibited, and a seller willing to write that will not hesitate to omit batch testing.

It is worth knowing verification tools in advance, not at the moment you encounter a suspicious offer. You can check the data of the business owner in CEIDG, the company in the National Court Register search engine, and the taxpayer status in the Ministry of Finance's list. The domain history will be shown by the internet archive, and you can gather opinions from services independent of the store. The entire procedure takes a few minutes and is done once for the seller, not with every order.

The third area is the method of contact and payment. Lack of a phone number, lack of response to messages, a request for prepayment via a regular transfer to an individual's account instead of a business account. The fourth area is documentation: certificates copied from another company, without laboratory data and without an accreditation number, in a file that looks edited. The Office of Competition and Consumer Protection maintains a public warning list, which is worth checking before the first order in an unknown store.

What payment and shipping methods are safe?

The most protection is provided by a credit card, as only with it does the chargeback procedure operated by the issuing bank work. It allows you to recover funds when the goods do not arrive or significantly deviate from the description, and the seller refuses to refund. Complaints are filed with your own bank, not with the seller, and that is its greatest advantage.

Payments through certified payment gateways and systems based on codes from banking applications are convenient and fast, but they have their own, narrower complaint procedures. A regular transfer to a bank account provides no mechanism for recovering funds other than through the courts, so with an unknown seller, it is the worst choice. Payment on delivery protects against the absence of the shipment, but not against the inconsistency of its contents with the description.

Regardless of the method, check whether the site operates over a secure protocol. An address starting with "https://" and a padlock symbol in the browser's address bar are the minimum requirement for any site accepting payments. A store that does not meet this requirement transmits card data in a format readable by network intermediaries.

When the shipment does not arrive by the declared deadline, the order of actions is established. First, check the status with the carrier, then write to the store and set an additional reasonable deadline for them to fulfill the obligation. Only after this deadline has passed without success can you withdraw from the contract due to non-fulfillment of the obligation and request a refund. The written form of this request is important, as it is from it that the set deadline is counted.

When receiving the shipment, one thing matters: the ability to check the contents. A parcel machine is convenient, but it does not allow for a protocol to be drawn up in the presence of the courier. In the case of visible damage to the packaging, request a damage report from the courier, as this document later significantly speeds up the complaint process with the carrier and the seller.

Is purchasing CBD from abroad legal?

Purchasing in another European Union country is permissible based on the free movement of goods. This was confirmed by the Court of Justice of the European Union in its ruling of November 19, 2020, in case C-663/18, known as Kanavape (CJEU, C-663/18).

The Court ruled that cannabidiol produced legally in one member state is not a narcotic substance within the meaning of the Single Convention on Narcotic Drugs of 1961, as classifying it there would contradict the convention's purpose, which is to protect health. A national ban on the sale of such a product consequently violates the free movement of goods under Article 34 of the Treaty on the Functioning of the European Union.

However, the ruling does not eliminate the competencies of member states entirely. The Court allowed restrictions justified by the protection of public health, provided they are based on a reliable scientific assessment of actual risk, not on hypothetical fear, and remain proportional to the objective. This ruling defines the limits of recognition, not of complete discretion in trade.

In practice, an order from another EU country must meet the Polish THC content threshold and comply with labeling requirements. For shipments from outside the EU, the situation is different: the package is subject to customs control, and a product that does not meet European standards may be detained. A separate issue is controlled substances, such as HHC, for which ordering from abroad does not legalize.

When purchasing across borders, the consumer's position in disputes also changes. Against a seller from another EU country, you have the same rights arising from consumer directives, but enforcing them occurs in a different language and usually according to the law of the seller's country. The European Consumer Centre provides free advice and mediation in cross-border matters within the EU.

The practical difference also concerns documentation. A product imported from outside the EU may be described according to the requirements of another market, making it difficult to compare declarations with the Polish threshold: some countries only provide the delta-9-THC content, without the acid form. A certificate that does not separate these two values does not allow determining whether the product fits within the Polish definition of hemp.

What to do if the CBD product does not match the description?

Start by documenting the issue before contacting the seller. Take photos of the packaging, label, and batch number, keep proof of purchase, and describe the discrepancy in an email. Written communication leaves a trace that has evidential value; a phone call does not.

Next, choose a course of action. Within 14 days of receipt, for an unopened product, the simplest option is to withdraw from the contract without providing a reason. If the deadline has passed or the packaging is opened, a complaint regarding the non-conformity of the goods with the contract is appropriate, which is valid for two years from the delivery of the item. You can request repair or replacement, and if that is impossible or excessively burdensome, a price reduction or withdrawal from the contract.

In disputes over composition, laboratory testing is decisive. An independent laboratory with ISO/IEC 17025 accreditation will analyze the cannabinoid content, and a result that deviates from the label declaration is strong evidence of non-conformity. The consumer initially bears the cost of such testing, so it makes sense for larger orders or in disputes that have already escalated.

It is also important to know the deadlines on the seller's side. They should respond to a complaint within 14 days; failure to respond within this time means the consumer's request is accepted. The same deadline applies to refunds after withdrawal from the contract, counted from the receipt of the statement. Keep track of the dates of sending messages, as both deadlines run from them, not from the day the seller decides to read them.

When the seller does not respond, help is free. The district or municipal consumer ombudsman provides legal advice, can approach the entrepreneur, and assist in mediation. The matter can also be directed to the provincial inspectorate of the Trade Inspection in an amicable manner and reported to the Office of Competition and Consumer Protection. The EU online dispute resolution platform, referenced by older regulations, was discontinued on July 20, 2025, and references to it are now outdated.

Summary: how to safely buy CBD in Poland?

The legality of purchase is based on three pillars. The first is the threshold of 0.3% calculated as the sum of delta-9-THC and THCA, introduced by the act of March 24, 2022. The second is the EU status of novel food for extracts, which is still awaiting resolution and primarily affects the category in which the seller places the product. The third is consumer rights in distance contracts, restructured since 2023.

The biggest practical risk today is not a conflict with the law, but a discrepancy between the label and the contents of the bottle. Regulations do not impose an obligation on the seller to publish the test results for each batch, so documentation remains their voluntary decision, and differences between stores arise precisely from this. In this arrangement, the choice of seller is the only control tool available to the buyer.

A practical checklist has five items. Check the company's data in public registers. Read the terms of withdrawal and complaints in the regulations. Find the analysis certificate for a specific batch and check for contaminants, not just the percentage of cannabidiol. Pay attention to therapeutic claims, as their presence disqualifies the seller. Pay by card if the store is new to you.

If you are comparing several stores before your first order, it will facilitate the comparison of sales channels in the text about this, where to best buy CBD oil. Also, keep the purchase documentation until you are sure that the product matches the description. The two-year deadline for reporting non-conformity only applies if you can prove when and from whom you purchased the goods.

Frequently Asked Questions

Is CBD legal in Poland in 2026?

Yes. Cannabidiol is not listed in the controlled substances registry, and products from industrial hemp can be sold if the sum of delta-9-THC and THCA does not exceed 0.3% when calculated on a dry weight basis. The basis is Article 4 point 5 of the Act on Counteracting Drug Addiction as amended by the Act of March 24, 2022.

Can I legally order CBD oils online?

Yes. The mail order sale of industrial hemp products to adults is permitted and does not require a separate permit. The store must operate a registered business, offer products that meet the THC content threshold, and comply with distance selling regulations, including the right to withdraw within 14 days.

How is the 0.3% THC threshold calculated?

As the sum of delta-9-THC and tetrahydrocannabinolic acid in the flowering or fruiting tops of plants from which resin has not been removed, calculated on a dry weight basis and rounded to one decimal place. Measuring only delta-9-THC gives a lower value and does not answer the question of compliance with the threshold.

Is CBD considered novel food in the European Union?

Yes. The European Commission included CBD extracts in the novel food catalog in January 2019, which means a requirement for authorization before being placed on the market as food or dietary supplements. EFSA stated in 2022 that it cannot complete the safety assessment and pointed out gaps in toxicological data.

Czy powiadomienie do GIS oznacza dopuszczenie produktu?

No. Notification of placing a food product on the market is a declaration, not an authorization. It does not replace the authorization of novel food, does not change the status of the ingredient, and does not protect against later questioning of the product. Therefore, information about the notification on the product card is not a confirmation of its approval.

Ile czasu mam na zwrot CBD kupionego przez internet?

Fourteen calendar days from taking possession of the item, without giving a reason. The seller has 14 days to refund the payment from receiving the withdrawal statement. An exception applies to items in sealed packaging, which cannot be returned once opened due to health or hygiene protection.

What is the difference between a complaint and withdrawal from a contract?

Withdrawal does not require justification, but covers 14 days and unused goods. A complaint regarding non-compliance of the goods with the contract is valid for two years from the delivery of the item, covers opened products, but requires demonstrating that the goods do not conform to the contract. Since 2023, it has replaced warranty in consumer transactions.

Is purchasing CBD from abroad legal?

Within the European Union, yes, based on the free movement of goods confirmed by the ruling of the Court of Justice in case C-663/18 of November 19, 2020. The product must meet the Polish THC content threshold and comply with labeling requirements. For shipments from outside the Union, the risk of package detention by customs authorities increases.

If you want to compare available concentrations and types of extract before ordering, check the category hemp oils.

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 hemp may change. Before making a decision, consult a lawyer or current legal acts.

Author: Michał Waluk · Opublikowano: 2026-05-11 · Aktualizacja: 2026-08-10