In Poland, possession of drugs is not a criminal offence…

9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy

…or at least it would seem so, reading the judgments handed down in my clients’cases . Probably not many people remember that thePolish legal order in force after the year 2000 saw the re-criminalisation of possession, even in trace amounts, of prohibited substances. Previously, possession for so-called personal use was permitted. 


The issue of possession and use of drugs has been very controversial in Poland for years, and from time to time the demand for legalisation of these substances appears on the banners of various political parties. Still, under the current legal order, possession of even minimal amounts of narcotic or psychotropic drugs is always aprohibited act, never a misdemeanour, and regardless of the quantity. In light of the provisions of the law, neither the possession of prohibited substances for so-called personal use, nor their small amount, is relevant for the fulfilment of the constituent elements of the offence.

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