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Understanding the Cannabis regulations in Poland vs the Czech Republic 

by | Jan 15, 2023 | Corporate Structuring, Healthcare/Pharmaceutical

  • Cannabis in Poland 

Although Poland has some of Europe’s most restrictive drug regulations, the distribution and use of cannabis for medical reasons became legal in 2017. 

For medical use, Polish legislation allows the growing of cannabis but mustn’t contain more than 0.3% THC (tetrahydrocannabinol) in flowering or fruiting tops of plants from which the resin has not been extracted (Non-Fibrous Cannabis). And in addition to certain industrial use, you can also import and sell such cannabis for medical use as a pharmaceutical raw material planned for preparing prescription drugs in Poland. But the production, sale, and import of recreational Non-Fibrous Cannabis in Poland are forbidden. And the violations of the laws concerning Cannabis in Poland are treated as criminal offenses and are punishable by fines or imprisonment. 

  • Cannabis in the Czech Republic 

It was claimed that the Czech Republic is the most liberal country in Europe regarding drug use in general and Cannabis in particular. Although its recreational use is still illegal, the Czech Republic has legalized medical cannabis and decriminalized cannabis possession for personal use. 

Under the current Czech law on drugs, people can possess a small amount of marijuana with no punishment for possessing but the possession of larger amounts may result in prison sentences depending on the kind of cannabis possessed. 

It should also be noted that in addition to industrial use, medicinal marijuana is legal in the Czech Republic, but its use is restricted for individuals over 18 and as a treatment for certain diseases, e.g., HIV, cancer, and Parkinson’s disease. 

Marijuana legality in the Czech Republic vs Poland 

The Poles believe that the Czech has more freedom and regarding this, marijuana is completely legal in the Czech Republic and can be freely used there. But this is not completely true, while the Czech laws regarding marijuana may be slightly more liberal than in Poland, there are still regulations on cannabis use in that country. 

Legal status of hemp in the Czech Republic 

The Czech law allows the possession of small amounts of any drug, but the possession of larger amounts is considered to be a crime, as does the possession of any Cannabis developed drug which contains over 0.3% active ingredient. The Czech Supreme court has dropped the acceptable amount of the active ingredient of Marijuana to 10 grams. You can also carry up to 10 grams without consequences.

CBD (cannabidiol) regulations in Poland vs the Czech Republic 

Poland has no regulation on CBD since it is not a controlled substance given that it was derived from cannabis that contains less than 0.3% of the psychoactive substance, tetrahydrocannabinol (THC). 

And earlier, the laws in force in the Czech Republic were similar to those in Poland, that is dried CBD in the Czech Republic could contain up to 0.3% of THC. However, since 2022, the law had changed and the THC limit was raised to 1% for industrial hemp, which is a major change that will benefit entrepreneurs who refine true hemp and produce, for example, CBD oils. 

Also, as a member of the European Union, the Czech Republic is obligated to the 2020 EU Court decision that determined CBD and its products were not narcotics, so a country of the EU cannot restrict the marketing of cannabidiol lawfully produced in another EU member state. 

THC limit in the Czech Republic

In the Czech Republic, the THC limit for industrial hemp is now up to 1%, as hemp with a THC concentration of up to 1% is categorized as a substance that is not addictive. 

The Czech Republic is now one of the few European countries that develop hemp with a THC content of up to 1% for industrial purposes, in comparison to other EU member state, e.g., Poland, that have set the threshold to about 0.3%. 

When it comes to higher THC concentrations of over 1%, they can be found in medical marijuana. 

Czech CBD oils vs Poland’s 

Czech CBD oils have long been most prominent among Polish consumers, because in the past, Czechs were successfully running businesses founded on hemp supplements and they were of better quality than the Polish ones, as the Czech manufacturers were on the market longer, had better-specialized facilities and were more experienced. 

But presently, Poland is also climbing the hemp ladder in the international hemp products market, and it doesn’t change in terms of quality at all. So now, hemp oil from the Czech Republic is comparable in terms of quality to hemp oil from Poland. 

Is Rick Simpson Oil (RSO) legal in the Czech Republic? 

Rick Simpson Oil (RSO) is an oil with a high THC content that is usually used in home treatment of sick people. 

RSO oil is illegal in Poland because it contains a lot of THC. 

The law regarding marijuana use in the Czech Republic is less restrictive than in Poland. But RSO oil contains about 90% of THC, which are very high concentration, even in the Czech Republic, so the legality of RSO oil Czech Republic is quite uncertain. 

Hemp products in the Czech Republic and Poland 

Since the Czech law asserted hemp as a specialized and energy crop, cannabis which contains less than 0.3% THC, has made its way into a wide range of Czech-made products same as Poland. 

But hemp products from the Czech Republic vary little from those found in Poland. The most popular ones are CBD oils and dried hemp, also cosmetic products, fabric, food, and even hemp plastic. 

Upcoming legislation regarding THC in the Czech Republic 

The Czech government has now started drafting legislation to completely legalize products containing THC. The Czech coalition government is drafting a bill to legislate the industry, which is expected to be submitted in 2023, while full legalization may be entered into effect by 2024. So in the future, Hemp products in the Czech Republic would be deemed similar to cigarettes. 

Cultivating hemp in the Czech Republic 

Small-scale hemp cultivation in the Czech Republic is legal for consumers, but these businesses must have a license. And the same goes for growing cannabis for medical purposes. 

Would you know more about laws imposed on cannabis, or need help getting a license for your hemp business, or setting up your company in the Czech Republic? – Let’s go ahead and contact your Damalion expert now

Damalion – Luxembourg

Understanding the cannabis regulations in Poland vs the Czech Republic — medical use, CBD, industrial hemp, THC limits and licensing points in 2025.

For foreign entrepreneurs, healthcare providers, pharmaceutical companies, hemp growers and investors • This overview compares the main legal rules for medical cannabis, CBD and industrial hemp in Poland and the Czech Republic. It is general information only and does not replace local legal or tax advice.

Last updated:

How do Poland and the Czech Republic differ in 2025?

Poland keeps a restrictive approach: medical cannabis is available on prescription, industrial hemp is allowed under strict THC limits, and recreational cannabis remains prohibited with criminal sanctions for production and sale. The Czech Republic is more permissive: medical cannabis is legal, possession of small amounts for personal use is decriminalized, hemp with up to 1% THC is permitted, and adult-use reform is progressing, although full legalization and any commercial model must still follow new rules before they apply in practice. In both countries, CBD from lawful hemp is not treated as a narcotic under EU case law, but products must respect national THC thresholds, product-type restrictions and marketing rules.

Legal framework in Poland

  • Main acts. The core rules are set in the Act on Counteracting Drug Addiction and related regulations, as amended for medical cannabis and industrial hemp.
  • Medical cannabis. Dried cannabis for medical use can be dispensed in pharmacies on prescription. Products qualify as pharmaceutical raw material and must be imported or manufactured under medicines law and narcotics control.
  • Recreational use. Possession, production and sale of high-THC cannabis remain criminal offences, with penalties depending on quantity, intent and repeated conduct. Courts may apply conditional discontinuance for very small amounts, but this is case-by-case.
  • Industrial hemp. Cultivation is allowed for authorised hemp varieties with THC not exceeding 0.3% under agricultural rules. Growers must obtain permits, use certified seed and comply with reporting and inspection obligations.
  • CBD products. CBD from lawful hemp with THC below national limits is generally not treated as a narcotic. Food and supplement products must follow EU novel food and national food safety rules. Inhalable products and products making medical claims are under closer scrutiny.
  • Licences and supervision. The Chief Pharmaceutical Inspectorate and other authorities supervise import, distribution and pharmacies. Breaches can lead to administrative fines, loss of authorisation and criminal liability.

Legal framework in the Czech Republic

  • Medical cannabis. Medical cannabis is legal for certain indications on prescription. Production and distribution are supervised by the State Institute for Drug Control and other health authorities.
  • Personal use. Small-scale possession of cannabis for personal use is decriminalized and usually sanctioned as a misdemeanour. Larger quantities and any unauthorised trafficking are criminal offences.
  • Industrial hemp. Hemp with THC up to 1% is permitted under Czech law. Cultivators must comply with registration, reporting and inspection rules and ensure documentation of THC levels.
  • CBD and novel cannabinoids. CBD made from lawful hemp is widespread, but food and cosmetic products must respect EU and national product rules. New psychoactive cannabinoids such as HHC have been added to controlled substance lists, and distribution without authorisation can lead to sanctions.
  • Adult-use reform. Adult-use cannabis reform has advanced at legislative level. Key dates and conditions (including age limits, possession caps, home cultivation and any club or licensing system) are set in national law and secondary regulations, some of which will only take effect over time. Until the full framework is in force, general narcotics and public health rules apply.
  • Regulators. Health authorities, the Czech National Monitoring Centre for Drugs and Addiction, the police and customs share enforcement and supervision roles.

THC limits and hemp rules: side-by-side

Topic Poland Czech Republic
Industrial hemp THC limit (field) Up to 0.3% THC in authorised hemp varieties, with permits and controls. Up to 1% THC in authorised hemp, subject to registration and controls.
CBD from hemp Permitted when derived from lawful hemp and THC stays within national thresholds; food and cosmetics must follow EU and national rules. Permitted when derived from lawful hemp; food, cosmetics and supplements must comply with EU and national product law.
Medical cannabis Allowed on prescription as a pharmaceutical raw material imported or manufactured under licences. Allowed on prescription for specific indications under medicines and narcotics law.
Recreational use Illegal. Possession, cultivation and sale of high-THC cannabis remain criminal offences, subject to limited prosecutorial discretion. Possession of small quantities is decriminalized; larger-scale possession, cultivation and sale remain criminal. A broader adult-use framework is being implemented.

Key points for cannabis and hemp businesses

  • Legal basis. Clearly define whether activities fall under medical cannabis, industrial hemp, CBD products, or research. Each segment has different licensing and product rules.
  • Corporate structure. Use an appropriate legal form (for example, a Polish sp. z o.o. or a Czech s.r.o.) that can hold licences, sign supply contracts and comply with tax and accounting rules.
  • Licences and permits. Check whether you need cultivation permits, manufacturing authorisations, wholesale distribution authorisations, pharmacy registrations or other sector licences.
  • Product classification. Confirm if a product is a medicinal product, medical device, cosmetic, food, food supplement or other category. Misclassification is a frequent source of enforcement risk.
  • Cross-border trade. When moving products between EU Member States, monitor THC thresholds, labelling rules and customs requirements. Products lawfully made in one country may still face restrictions in another if they fall outside permitted THC or product categories.
  • AML/CFT and banking. Because cannabis and related sectors are sensitive, banks and payment providers may apply enhanced due diligence. Expect detailed questions on ownership, source of funds, business model and target markets.
  • Advertising and claims. Health and wellness claims are tightly regulated. Unauthorised medical claims can trigger medicines enforcement, advertising penalties and consumer protection actions.

Enforcement, sanctions and risk management

  • Criminal risk. Unauthorised cultivation, processing, sale or possession of high-THC cannabis can lead to fines and imprisonment. Large-scale or organised activity attracts higher penalties.
  • Administrative measures. Regulators can suspend or revoke licences, order product withdrawals or recalls, and impose administrative fines for non-compliance with product, labelling or licence conditions.
  • Tax and customs. Errors in customs declarations, excise classification or VAT treatment can result in back taxes, interest and penalties.
  • Governance and documentation. Companies should maintain clear internal policies, THC and CBD testing records, supplier contracts and compliance logs to demonstrate good-faith adherence to the law.
  • Local advice. Because reforms progress at different speeds and practice can differ from written law, specialised local legal and tax advice is strongly recommended before making investments or launching products.

Frequently asked questions 

1. Is recreational cannabis legal in Poland?
No. Recreational cannabis remains illegal in Poland. Possession, cultivation and sale of high-THC cannabis can lead to criminal charges, with penalties set by the Act on Counteracting Drug Addiction and the Criminal Code.
2. Is recreational cannabis legal in the Czech Republic?
No full commercial recreational market is in force yet. Possession of small amounts for personal use is decriminalized and sanctioned as a misdemeanour, while larger-scale possession, cultivation and supply remain criminal. Adult-use legalization is advancing, but key provisions will only apply when implementing rules take effect.
3. Is medical cannabis legal in Poland?
Yes. Medical cannabis can be prescribed by authorised physicians and dispensed by pharmacies as a pharmaceutical raw material. Importers and distributors must hold narcotics and medicines licences and comply with quantity limits and reporting duties.
4. Is medical cannabis legal in the Czech Republic?
Yes. Medical cannabis is legal for certain indications and is supplied under medicines and narcotics law. Prescribing, dispensing and reimbursement are regulated and may be subject to national health insurance rules.
5. What are the THC limits for industrial hemp in Poland and in the Czech Republic?
In Poland, authorised industrial hemp must not exceed 0.3% THC in the field. In the Czech Republic, the permitted THC level for industrial hemp is up to 1%, subject to registration, monitoring and documentation requirements.
6. Are CBD products legal in Poland?
CBD products derived from lawful hemp can be placed on the market if they respect THC thresholds and product-specific rules. Foods and supplements must comply with EU novel food and national food law, and products must not contain controlled levels of THC or make unauthorised medicinal claims.
7. Are CBD products legal in the Czech Republic?
Yes, CBD from lawful hemp is generally permitted. However, CBD products must meet food, cosmetic, vape or other product regulations, respect THC limits and avoid presentation that would reclassify them as unauthorised medicines or narcotics.
8. Does EU law treat CBD as a narcotic?
No. The Court of Justice of the European Union has ruled that CBD extracted from the whole hemp plant is not a narcotic where it has no recognised psychoactive effects. Member States may still regulate CBD products for public health reasons, but cannot treat lawful CBD as a narcotic in itself.
9. Can foreign investors own cannabis or hemp businesses in Poland?
Foreign investors can own companies active in lawful segments such as industrial hemp, CBD or licensed medical cannabis, provided they comply with company law, licensing requirements, ownership transparency rules and sanctions screening. Certain activities may require fit-and-proper tests for shareholders and managers.
10. Can foreign investors own cannabis or hemp businesses in the Czech Republic?
Yes. Foreign individuals and companies can hold shares in licensed Czech entities, including hemp and cannabis-related companies, provided they satisfy registration, licensing, tax and compliance requirements. Sector-specific licences and approvals remain mandatory.
11. What licences are needed to grow industrial hemp in Poland?
Growers usually need an agricultural permit or registration, must use EU-listed seed varieties, notify authorities of cultivation areas and accept inspections and THC testing. Exact requirements depend on the intended use (for example, fibre, seed, food or pharmaceutical raw material).
12. What licences are needed to grow industrial hemp in the Czech Republic?
Czech hemp growers must register cultivation, respect THC limits and maintain records for control by agricultural and other competent authorities. Additional licensing may be required where hemp is processed into food, cosmetics or medicines.
13. How is non-compliance with THC limits sanctioned?
If THC levels exceed legal thresholds, crops or products may be classified as narcotics. Authorities can order destruction of crops, seize products, impose administrative fines and, in serious cases, open criminal proceedings for unauthorised production or trafficking.
14. Can pharmacies in Poland and in the Czech Republic dispense CBD products freely?
Pharmacies must follow medicines, food and cosmetic law. CBD products sold as medicines require marketing authorisation or a recognised status under national law. Non-medicinal CBD products must meet general product standards and cannot be presented as a treatment or cure.
15. Are there special advertising rules for cannabis and CBD products?
Yes. Both countries restrict advertising of narcotic and psychotropic substances and of medicinal products. Marketing of CBD and hemp products must comply with consumer protection, unfair competition and sector rules, and must not encourage illegal drug use or make unapproved health claims.
16. How do banks view cannabis-related companies in Poland and in the Czech Republic?
Banks must apply strict anti-money laundering and counter-terrorist financing rules. Companies active in cannabis, CBD or hemp can expect enhanced due diligence, detailed questions about operations, licences and counterparties, and in some cases refusal of services if the bank’s risk appetite does not cover the sector.
17. Can companies export CBD or hemp products from Poland or the Czech Republic to other EU states?
Cross-border trade within the EU is possible when products comply with EU law and the destination country’s national rules, including THC limits and product categories. Exporters must check local restrictions carefully, as national practices still vary.
18. What should a compliance policy for a cannabis or hemp company include?
It should cover licensing, sourcing and testing of raw materials, THC and CBD limits, product classification, labelling and claims, data retention, reporting duties, staff training, AML/CFT controls and incident management. Documentation should be kept up to date and reflect the most recent legal developments.
19. How often do cannabis laws change in Poland and in the Czech Republic?
Reforms and technical amendments are frequent, especially regarding THC thresholds, new cannabinoids, product safety and health system rules. Businesses should monitor official publications, regulator guidance and EU developments on an ongoing basis.
20. Is this overview legal advice?
No. This page is a high-level legal overview based on public sources as of 2025. It does not constitute legal or tax advice and cannot replace a full review of your project with qualified counsel in Poland and in the Czech Republic.

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