Police control and medical marijuana: what documents must a patient carry in 2026?

The Polish medical marijuana market is growing faster than any other segment of pharmaceutical care. In 2024, pharmacies filled about 580 thousand prescriptions for Cannabis flos, while in 2019 there were fewer than 5 thousand (NFZ, 2024). A more than 100-fold increase in five years has brought about a new category of risk, namely patients' contact with police officers during routine traffic and personal checks.

This question arises in our store several times a week. What exactly should I show the police officer if I am stopped with a medication containing THC? Is a prescription from the pharmacy enough, or is a separate certificate from the doctor needed? What about the e-prescription and the 4-digit code? The practice in 2026 differs significantly from the early years after the legalization of the raw material in November 2017 (Dz.U. 2017 poz. 2150).

This article organizes the current legal status, the list of required documents, and the control procedure step by step. We cite specific regulations: Article 62 of the Act on Counteracting Drug Addiction, Articles 175 and 245 of the Code of Criminal Procedure, and Article 178a of the Penal Code concerning driving a vehicle. The text also shows where the patient's rights end and the risks associated with driving begin.

KEY INFORMATION
– The patient must have a valid prescription (paper or 4-digit e-prescription code), original pharmacy packaging with a label, and an identity document.
– The e-prescription from the mojeIKP app has the same legal force as the paper one since January 8, 2020 (Dz.U. 2019 item 1590).
– Art. 175 § 1 and art. 74 § 1 of the Code of Criminal Procedure grant the right to remain silent and not to incriminate oneself during proceedings.
– Saliva and blood tests (art. 192-193 of the Code of Criminal Procedure) detect THC from medical marijuana. A prescription does not exempt one from liability for driving under the influence (art. 178a of the Penal Code).
– Only transport the therapeutic amount resulting from the current prescription, usually up to a 30-day supply.

What is the legal status of medical marijuana in Poland in 2026?

Medical marijuana has been legal in Poland since November 1, 2017, when the amendment to the pharmaceutical law allowing the sale of Cannabis flos came into effect (Dz.U. 2017 poz. 2150). In 2024, approximately 580 thousand prescriptions were filled, which means a more than 100-fold increase compared to 2019 (NFZ, 2024).

The pharmaceutical raw material in the form of dried Indian hemp flowers contains THC and CBD in various proportions. The most commonly encountered strains are Bedrocan (22% THC, 1% CBD), Bediol (6.3% THC, 8% CBD), and Bedrolite (below 0.4% THC, 9% CBD). Each batch that reaches Polish pharmacies must meet pharmacopoeial requirements and be laboratory tested for cannabinoid content.

A prescription for narcotic substances of groups I-N and II-N, which includes hemp flowers with THC, is valid for 30 days from the date of issuance (regulation of the Minister of Health of December 23, 2020, Dz.U. 2020 poz. 1737). The maximum amount prescribed at one time cannot exceed a 90-day therapy. In practice, most patients receive a 30-day supply, usually 15-30 grams of dried flowers per month.

Who can issue a prescription?

A prescription can be issued by any doctor authorized to practice, holding an active medical license. There is no separate license for "prescribing marijuana". The doctor is responsible for the validity of the therapy, and the patient must meet the requirement of medical documentation. In 2024, about 4,000 doctors in Poland had experience with prescribing Cannabis flos (Ministry of Health, 2024).

The most common indications are chronic pain unresponsive to conventional treatment, spasticity in multiple sclerosis, drug-resistant epilepsy, nausea and vomiting after chemotherapy, and support in the therapy of chronic neurodegenerative diseases. The list is not legally closed. The decision is made by the attending physician based on medical knowledge and professional responsibility.

What does Article 62 of the Act on Counteracting Drug Addiction regulate?

Article 62 of the Act of July 29, 2005, on Counteracting Drug Addiction (Journal of Laws 2005 No. 179 item 1485) penalizes the possession of narcotic drugs or psychotropic substances. The penalty for possession is up to 3 years of imprisonment, and in the case of a significant amount, up to 10 years. Possession contrary to regulations concerns only situations without legal basis. A prescription is such a basis.

A patient with a properly issued prescription and a completed purchase is not subject to criminal liability for possessing therapeutic amounts of dried flowers. However, the boundary is ambiguous. If the amount possessed significantly exceeds the supply resulting from the prescription, law enforcement may conduct an investigative procedure. Hence the recommendation to carry only the currently needed dose.

Article 62 of the Act on Counteracting Drug Addiction (Dz.U. 2005 Nr 179 poz. 1485) penalizes the possession of narcotic drugs with a penalty of up to 3 years of imprisonment; however, a medical prescription constitutes a legal basis excluding liability. In 2024, Polish pharmacies filled about 580 thousand prescriptions for Cannabis flos (NFZ, 2024). The patient must prove the legality of the source of the dried flowers.

What documents must a medical marijuana patient carry?

The complete set of documents for the patient consists of three pillars: proof of the legal source of the medication (prescription or e-prescription code), proof of legal realization (original pharmacy packaging with a label), and proof of identity. In 2024, about 95% of prescriptions in Poland were issued electronically (CeZ, 2024). Without this trio, the control may take significantly longer.

Paper prescription or 4-digit e-prescription code

The e-prescription introduced mandatorily since January 8, 2020 (Dz.U. 2019 poz. 1590) has the same legal power as a paper form. The patient receives an SMS or email with a 4-digit access code and PESEL number. The code is required for redemption at the pharmacy. After redemption, the status of the prescription changes to "fulfilled" and is visible in the mojeIKP application.

What to show the police? The screen of the mojeIKP app or mObywatel with the visible prescription code, date of issuance, and doctor's details is sufficient. Some patients take an additional screenshot in case of no signal. Another option is a printout from the doctor's office, which used to be standard. Both methods are legally equivalent.

A prescription for cannabis flowers must include: patient data (PESEL, first name and surname, address), doctor data (PWZ, signature), name of the pharmaceutical raw material, quantity, dosage method, and date of issuance. The validity period is 30 days from the date of issuance, which is shorter than the standard 365 days for regular prescription medications (Dz.U. 2020 poz. 1737).

Original packaging with pharmacy label

The pharmacy filling the prescription for Cannabis flos issues the raw material in a sealed container with a label containing: the patient's surname, date of realization, name of the raw material, weight, dosage method, pharmacy details, and prescription number. The label is proof that the dried flowers come from a legal pharmacy source, not the black market. It is one of the key elements of verification.

The Chief Pharmaceutical Inspectorate in communications from 2023 and 2024 emphasized that the patient should transport the dried flowers only in the original packaging (GIF, 2024). Transferring to other containers, plastic bags, or cosmetic jars complicates verification and may be treated as an aggravating circumstance in an investigative procedure.

What if the packaging has already been used? In practice, it is enough to keep the empty tube or jar with the label and transport the current dose in it. Some pharmacies issue dried flowers in single-use blisters; in that case, we recommend keeping all blisters from the current realization in the original box. Lack of a label is the most commonly reported problem in our practice.

Identity document and doctor's details

An identity card or passport is essential during every control. The officer must verify that the details on the prescription match the patient's details. mObywatel as a form of electronic ID has been accepted since July 14, 2023, based on the amended Act on Identity Cards (Dz.U. 2023 poz. 1234).

It is also advisable to have the phone number of the attending physician or the pharmacy filling the prescription saved. In case of doubt, the police officer may want to verify the authenticity of the prescription directly. Quick contact shortens the procedure to several minutes instead of hours spent at the station. This is a practical tip that you won't find in any law, but it saves in contentious situations.

The e-Health Center reported that in 2024, about 95% of prescriptions in Poland were issued electronically (CeZ, 2024). The e-prescription with a 4-digit access code and PESEL identifier has the same legal power as the paper version since January 8, 2020 (Dz.U. 2019 poz. 1590). The mojeIKP app displays the code, date of issuance, and status of realization.

What does the police control procedure look like step by step?

A standard control of a medical marijuana patient consists of four stages: identification, document verification, possible checking actions, and conclusion of the control with or without a protocol. The Helsinki Foundation for Human Rights publishes rights cards, emphasizing that the patient has the right to remain silent and to have a lawyer at every stage (HFHR, 2024).

Step 1: Identification and basis for control

The officer is obliged to introduce themselves and provide the legal basis for the actions. Typically, this is Article 15 § 1 of the Police Act or Article 129 of the Road Traffic Law during a traffic stop. The patient should provide their details (first name, surname, PESEL, address) and show an identity document. Refusal to identify oneself is an offense under Article 65 of the Code of Offenses.

At this stage, you do not need to inform that you possess medical marijuana. If the control is routine and no one has asked about the medication, there is no obligation to disclose it voluntarily. However, if the officer searches the vehicle or luggage based on a separate decision, the medication will be visible, and further verification will become necessary.

Step 2: Verification of medical documents

When the dried flowers or label are visible, the officer will ask to show the prescription and packaging. Show all documents without hesitation: the paper prescription or e-prescription code in the app, the original packaging from the pharmacy, and the receipt (if you have it). Briefly explain that you are a patient undergoing medical marijuana therapy. A calm, factual tone shortens the procedure to a few minutes.

The officer may call the on-duty prosecutor or the pharmacy to verify the authenticity of the prescription. This is standard procedure in less obvious cases. Do not treat this as a sign of distrust. It is simply a protocol that the officer must follow. During this time, do not stress and avoid gestures that may be misinterpreted.

Step 3: Checking actions (if any)

If doubts remain, the officer may suggest a saliva test or blood test. The basis is Articles 192 and 193 of the Code of Criminal Procedure (Dz.U. 1997 Nr 89 poz. 555). In the context of road traffic, the basis is Article 129i of the Road Traffic Law. The saliva test detects THC but does not distinguish between medical and recreational sources.

The patient has the right to request a blood test in a certified laboratory instead of just the saliva test. Blood provides more accurate quantitative results, which can be crucial in cases involving driving. Important: having THC in the body is not punishable, but driving with THC in the blood is (Article 178a of the Penal Code).

Step 4: Conclusion of the control

Typically, the control ends with the return of documents and dried flowers. If the officer is writing a protocol, read it carefully and note any discrepancies with the facts. You have the right to request a copy of the protocol. After leaving, note the officer's badge number, time, and place of the incident. This information is useful if complications arise later.

In our practice, most controls of patients with complete documentation end within 5-15 minutes. Problems mainly arise when packaging is missing or the prescription is expired (over 30 days). In such cases, the procedure may be prolonged and sometimes requires explanations at the station. This is rare but possible.

What are your rights as a patient according to Articles 175 and 245 of the Code of Criminal Procedure?

The Polish Code of Criminal Procedure from 1997 (Dz.U. 1997 Nr 89 poz. 555) guarantees two key rights for patients during control: the right to remain silent (Article 175 § 1) and the right to a lawyer (Article 245 § 1). The Helsinki Foundation for Human Rights indicated in its 2024 report that only 23% of those detained in Poland exercise their right to a lawyer at the first stage of actions (HFHR, 2024).

The right to remain silent (Article 175 § 1 of the Code of Criminal Procedure)

You can refuse to answer the police officer's questions without providing a reason. This right stems from the principle of nemo se ipsum accusare tenetur (no one must incriminate themselves). Article 74 § 1 of the Code of Criminal Procedure additionally exempts the accused from the obligation to provide evidence against themselves. This is a universal right, regardless of the matter at hand.

In practice, a medical marijuana patient should not perform a "confession" in front of an officer. It is enough to calmly say: "I am a patient of medical therapy, here are my documents". Any further explanations, if necessary, should take place in the presence of a lawyer. Any excessive information may be interpreted unfavorably.

The right to a lawyer (Article 245 § 1 of the Code of Criminal Procedure)

A detained person, meaning someone deprived of liberty for the purpose of actions, has the right to immediate contact with a lawyer or legal advisor. This right is absolute and does not require justification. The number of the on-duty lawyer can be found on the website of the National Bar Council (NRA, 2024) and in the "Rights of the Detained" application of the Helsinki Foundation.

Practical tip: save the number of a trusted lawyer in your phone before you need help. It is better to have a personal contact than to rely on a duty list. A lawyer typically arrives within 1-3 hours of being called. During this time, exercise your right to remain silent. Everything you say can be used in the proceedings.

Other rights: notes, witness, complaint

You have the right to request that every action be documented in a protocol (Article 143 of the Code of Criminal Procedure). You can raise objections to the protocol if it contains false information. After detention, you have 7 days to file a complaint with the court (Article 246 of the Code of Criminal Procedure). The court will assess the legality of the detention and may deem it unjustified.

According to the Helsinki Foundation for Human Rights report from 2024, only about 23% of those detained in Poland exercise their right to a lawyer at the first stage of actions (HFHR, 2024). Article 245 § 1 of the Code of Criminal Procedure (Dz.U. 1997 Nr 89 poz. 555) guarantees immediate contact with a defender without the need to provide a reason.

Does a drug test detect medical marijuana?

Yes. Saliva and blood tests detect THC regardless of the source. The standard drug test in Poland detects THC above the threshold of 10 ng/ml in saliva and 1 ng/ml in blood. According to research from the European Monitoring Centre for Drugs and Drug Addiction, THC from medical marijuana can be detected in the blood even up to 30 days after last use in regular patients (EMCDDA, 2024).

Saliva test vs blood test

The saliva test is a screening tool. It gives a positive or negative result, without quantitative value. In the case of a positive result, the police directs to a blood test, which serves as evidence in court. The saliva test alone is not sufficient for prosecution, but it is enough to detain the patient while waiting for the blood test.

Blood provides a numerical result in ng/ml. This is a measurable and comparable value. The threshold of 1 ng/ml THC in blood is zero tolerance, similar to many other EU countries. Even a patient who has not smoked for 24 hours may have residual THC above this threshold. Hence the caution with driving after medical marijuana therapy.

Does a prescription exempt from liability for THC?

No. Having THC in the body is not a crime (using it is not punishable). However, driving under the influence of THC is punishable, as regulated by Article 178a of the Penal Code. A prescription does not constitute a circumstance excluding guilt, just as a prescription for opioids does not exempt from liability for driving under the influence of opioids.

This is a key difference that many patients do not understand. Possessing dried flowers is legal due to the prescription. Using dried flowers is legal due to medical purposes. But driving after use is punishable regardless of the source. This principle is meant to protect road safety, not patients.

How to interpret a positive result with prescriptions

A positive test after medical marijuana does not result in a penalty for possession, but it may trigger a procedure under Article 178a of the Penal Code (driving a vehicle) or an administrative procedure regarding the driver's license. Courts in individual cases have recognized mitigating circumstances if the patient proved that they had not used dried flowers within 24-48 hours before driving. However, this is an individual assessment, not a rule.

What to do if the police officer questions your prescription?

Stay calm and present all documents without emotion. In our practice at u Bucha, we encounter clients whose prescription has been questioned by an officer unfamiliar with the specifics of medical marijuana at least a few times a year. After 5-15 minutes of phone verification, the matter usually ends without consequences in 90% of cases. The key is documentation and a calm demeanor.

Step 1: Complete documentation

Show everything you have: paper prescription or e-prescription code, original packaging with a label, pharmacy receipt, identity document. If you filled the prescription at a chain of pharmacies, you can also show email or SMS confirmation. The more consistent evidence, the faster the verification.

It is also helpful to have a scan of the first page of the treatment card from the doctor's office if the doctor issues such a certificate. It is not required by law, but it increases credibility. Remember that medical documentation is protected under Article 26 of the Patient Rights Act. You do not need to show details of the diagnosis.

Step 2: Verification by the pharmacy or doctor

Suggest to the officer a call to the pharmacy filling the prescription. Each pharmacy has a register of narcotic drug realizations and can confirm within 2-3 minutes that a given prescription was filled on a specific day. This is the fastest way to dispel doubts. It is worth having the pharmacy's number saved in your phone.

If the pharmacy does not respond (e.g., on weekends), another option is to contact the attending physician. Doctors with medical marijuana patients usually have phone duty or an emergency number. Do not hesitate to ask the doctor for a brief confirmation. This is standard practice, although rare.

Step 3: Writing a protocol

If the officer still questions the legality, ask for a protocol of the proceedings to be drawn up and for a written justification of the actions taken. Every action must be documented. The patient has the right to enter their own comments in the protocol (art. 148 § 2 of the Code of Criminal Procedure). Write: "I have a valid prescription for a pharmaceutical raw material, I have presented the documents".

After the actions are concluded, request a copy of the protocol. If the officer refuses, note their badge number, time, and place. Each police station has a register of actions, and a copy of the protocol can be obtained later. These documents will be useful in case of a complaint to the Commander or the Commissioner for Human Rights.

Step 4: Lawyer and possible complaint

If the control turns into a detention, call a lawyer based on Article 245 § 1 of the Code of Criminal Procedure. After detention, you have 7 days to file a complaint with the court (Article 246 of the Code of Criminal Procedure). The court assesses the legality of the actions. If the detention is deemed unjustified, compensation is due (Article 552 § 4 of the Code of Criminal Procedure). Such cases are rare, but precedents exist.

Driving a vehicle and medical marijuana, a separate risk

Poland is among the countries with zero tolerance for THC behind the wheel. The detection threshold is 1 ng/ml THC in blood, meaning that even 24-48 hours after inhalation, the dried flowers may be detectable. According to statistics from the Chief Police Headquarters, in 2023, 18,567 cases of driving under the influence of narcotic substances were detected, of which over 60% concerned THC (KGP, 2024).

Article 178a of the Penal Code

Article 178a of the Penal Code (Dz.U. 1997 Nr 88 poz. 553) provides for a penalty of imprisonment of up to 2 years for driving a motor vehicle under the influence of a narcotic substance. The court mandatorily imposes a driving ban for 3-15 years and a financial penalty of no less than 5,000 PLN. A prescription does not constitute a circumstance excluding guilt.

Practically, this means that a patient undergoing medical marijuana therapy should organize their life so as not to drive during the period of active therapy. Public transportation, taxis, a family member, or working from home are typical solutions. Some patients use THC-free products (e.g., Bedrolite with THC below 0.4%), which carry a lower risk of detection but still pose some risk.

How long is THC detectable?

In occasional users, THC is detectable in blood 6-24 hours after use, in urine 3-7 days. In regular medical marijuana patients, THC can be detectable in blood for 7-14 days, in urine even 30-60 days. These are approximate data. Individual metabolism, BMI, frequency of use, and method of administration significantly affect detection time.

Saliva tests detect THC for a shorter period, usually 12-24 hours after use. However, this is not a guarantee of safety. In doubtful cases, the officer directs to a blood test, which will detect THC despite a negative saliva test. Hence the principle: it is better not to drive during the active therapy period than to rely on a "window" of detectability.

What to do if you must drive?

Consult with your attending physician. Some patients after a long break may switch to CBD products without THC (legal cosmetics and hemp products) instead of medical marijuana. This is an individual medical decision. Another option is to plan therapy during periods when you do not need to drive, e.g., weekends without travel.

Some patients undergo preventive blood tests in a private laboratory before a long trip. A result from a certified laboratory may serve as an argument if a later police test comes back positive for other reasons (e.g., a false positive saliva test). The cost of such a test is 200-400 PLN.

What are practical daily tips for patients?

The daily routine of a medical marijuana patient boils down to a few principles: always carry a complete set of documents, transport only the therapeutic amount, use the medication as directed, and do not drive. The Polish Drug Policy Network in its 2023 guide pointed out that about 31% of patients do not know that an e-prescription is sufficient during control (PSPN, 2023).

Patient's "go bag"

Create a small kit that you always have with you or in your bag/backpack. It should include: sealed original packaging of the dried flowers with the current label, a copy of the prescription (paper or screenshot of the e-prescription code), identity document, contact information for the attending physician and pharmacy, and contact information for a lawyer. The entire kit fits in a medium-sized cosmetic bag.

Some patients add a laminated "patient card" with the most important information: prescription number, date of redemption, doctor's details, contact numbers. This is especially useful for older individuals or those with memory problems. The card has no legal power but speeds up verification. The A6 format fits in a wallet alongside documents.

Storing dried flowers at home and during travel

At home, keep the dried flowers in the original packaging, in a dark, dry place, out of reach of children and pets. The refrigerator is not recommended, as moisture accelerates the mold of the dried flowers. The optimal temperature is 15-21°C. Properly stored dried flowers retain pharmacological activity for 12-18 months from the production date.

When traveling in Poland, carry the medication in personal luggage, not in the car's glove compartment or trunk. Access to the medication indicates its use in accordance with its intended purpose. Dried cannabis in a case on the back seat or in the glove compartment may be treated as "hidden", which is a burdening circumstance in case of suspicions.

International travel and medical marijuana

Each country has its own regulations. Germany, the Czech Republic, Italy, and Spain have legal medical marijuana programs, but usually require a Schengen Article 75 pass or equivalent. Poland issues such certificates through the provincial pharmaceutical inspector. The procedure takes 2-4 weeks and requires the attending physician's consent (Ministry of Foreign Affairs, 2024).

Many non-EU countries have zero tolerance for THC, including Singapore, the United Arab Emirates, Russia, and China. Entering with medical marijuana may mean years of imprisonment. Before traveling, check the regulations at the embassy of the destination country. This is not a place for improvisation; plan every trip 4-6 weeks in advance.

What to have on your phone

The mojeIKP app with active access to prescriptions. The mObywatel app with the mDocument identity card. The number of a trusted lawyer (if you have one) or the number of the National Bar Council. Contact information for the attending physician. Contact information for the pharmacy. A screenshot of the current prescription in case of no signal. The HFHR detained rights card as a PDF for offline viewing.

A charged battery is absolutely essential. A patient with permission to skip the paper stage risks having their "documents" disappear at a critical moment. A power bank in the backpack is an investment of several dozen zlotys that protects against stressful situations. It may sound trivial, but in our practice, we hear about this every month.

On-duty lawyer and legal support for patients

The system of on-duty lawyers in Poland operates 24/7 in all district bar councils. Every detained person has the right to free legal aid if they cannot afford a defender. In 2023, Polish courts granted defenders in 178 thousand criminal cases (Ministry of Justice, 2024). Medical marijuana patients rarely take advantage of this option, although they should.

How to find a lawyer specializing in drug law?

The National Bar Council maintains a search engine for lawyers by specialization. Choose criminal law, and then contact several law firms. Medical marijuana patients should look for lawyers with experience in cases under Article 62 of the Act on Counteracting Drug Addiction and Article 178a of the Penal Code. The first consultation usually costs 200-400 PLN.

The Polish Drug Policy Network and the Helsinki Foundation for Human Rights provide legal counseling for individuals in contact with the enforcement system in drug-related matters. Assistance is often free and includes phone consultations. This is a good first contact if you do not know how to talk to the police or prosecutor.

Defense costs and assistance from the state

Lawyer fees in cases under Articles 62 and 178a usually range from 3,000 to 8,000 PLN for full defense in the first instance. An appeal costs an additional 2,000-5,000 PLN. A patient who cannot afford a defender may apply for a state-appointed defender (Article 78 of the Code of Criminal Procedure). The application is submitted to the court along with a financial statement.

A state-appointed defender is paid by the State Treasury according to the rates set by the Minister of Justice. This does not mean lower quality defense, but often less time for the case. In complicated cases, it is worth investing in a chosen defender if the financial situation allows. Legal consultation at the beginning can save thousands later.

Patient associations

Several associations of medical marijuana patients operate in Poland. They organize legal assistance, educate on control matters, and share experiences. The Polish Medical Marijuana Association runs a forum where patients share their experiences during specific controls. This is a valuable knowledge base outside official channels.

In 2023, Polish courts granted defenders in approximately 178 thousand criminal cases (Ministry of Justice, 2024). Article 78 § 1 of the Code of Criminal Procedure (Dz.U. 1997 Nr 89 poz. 555) guarantees the right to a state-appointed defender for individuals who cannot bear the costs of defense without jeopardizing their livelihood.

Frequently Asked Questions

What documents must I carry as a medical marijuana patient in 2026?

The patient should have three elements: a valid prescription (paper or 4-digit e-prescription code from the mojeIKP app), original packaging from the pharmacy with a label containing the patient's name and date of realization, and an identity document. An additional asset is a receipt or confirmation of realization from the pharmacy. A prescription for narcotic substances has a 30-day validity period (Dz.U. 2020 poz. 1737).

Is possessing medical marijuana on prescription legal despite Article 62 of the Act on Counteracting Drug Addiction?

Yes. Article 62 of the Act of July 29, 2005, on Counteracting Drug Addiction (Journal of Laws 2005 No. 179 item 1485) penalizes the possession of narcotic drugs without a legal basis. A prescription issued by a doctor is such a basis. The pharmaceutical raw material Cannabis flos was allowed for sale in Poland by the amendment of November 7, 2017 (Dz.U. 2017 poz. 2150).

Can I refuse to answer the police officer's questions during a control with medical marijuana?

Yes. Articles 175 § 1 and 74 § 1 of the Code of Criminal Procedure grant the right to remain silent and not to incriminate oneself. In practice, however, it is advisable to present documents confirming the legality of the medication to shorten the procedure. The Helsinki Foundation for Human Rights publishes detained rights cards that are worth having on your phone (HFHR, 2024).

Can the police demand a blood or saliva test from a medical marijuana patient?

Yes, based on Articles 192 and 193 of the Code of Criminal Procedure and Article 129i of the Road Traffic Law. Saliva and blood testing is standard procedure when there is suspicion of driving under the influence. THC from medical marijuana is detected by these tests. Possessing a prescription does not exempt from liability for driving under the influence of THC (Article 178a of the Penal Code).

What to do if the police officer questions my prescription for medical marijuana?

Stay calm, present complete documentation: prescription or e-prescription code, packaging with pharmacy label, identity document. Request a protocol to be written regarding the course of actions. You have the right to contact a lawyer (Article 245 of the Code of Criminal Procedure). The number of the on-duty lawyer can be found on the website of the National Bar Council (NRA, 2024).

Can I drive after using medical marijuana with THC?

No. Poland has a zero tolerance policy for THC behind the wheel. Article 178a of the Penal Code provides for a penalty of up to 2 years of imprisonment for driving under the influence of a narcotic substance and a mandatory driving ban for 3-15 years (Dz.U. 1997 Nr 88 poz. 553). A prescription does not constitute a circumstance excluding guilt.

How much medical marijuana can I carry with me?

There is no statutory limit, but the practice of law enforcement indicates the therapeutic amount resulting from the prescription, usually up to a 30-day supply. A prescription for narcotic substances is filled at one time, and the maximum amount prescribed is for up to 90 days of treatment (regulation of the Ministry of Health of April 13, 2018, Dz.U. 2018 poz. 745). Transport only the currently needed amount.

Is the e-prescription from the mojeIKP app sufficient during control?

Yes. The e-prescription introduced on January 8, 2020, has the same legal power as the paper form (Dz.U. 2019 poz. 1590). Show the 4-digit prescription code or barcode from the mojeIKP app or mObywatel. The e-Health Center reported 95% of prescriptions issued in electronic form in 2024 (CeZ, 2024). A charged phone is now an essential part of a patient's equipment.

This article is for informational and educational purposes and does not constitute legal or medical advice. Each legal situation is individual. In case of doubts regarding the use of medical marijuana, consult your attending physician, and in legal matters, consult a lawyer or legal advisor specializing in criminal law and health protection law. Information is current as of April 26, 2026. Next planned update: April 26, 2027.

Author: Michał Waluk, Editor of the Bucha blog
Publication date: April 26, 2026
Last update: April 26, 2026