Poland’s Path to Cannabis Decriminalization: Progress, Delays, and Uncertainty

The issue of decriminalizing cannabis in Poland has stirred up strong emotions for years, and is now gaining new momentum. Growing public support and signals from the government suggest that changes to the law may be a realistic scenario. According to CBOS research, 73% of Poles are against punishing the possession of small amounts of cannabis, which shows growing acceptance for the liberalization of regulations.

The recent actions of the Sejm Petitions Committee and the establishment of a parliamentary team for decriminalization give hope for a relaxation of the anti-drug policy. The focus of attention has been the desideratum addressed to Prime Minister Donald Tusk, who is to present his position on the decriminalization of possession of cannabis for personal use.

However, there have been many inaccuracies in the public sphere regarding the deadline by which the prime minister must respond to the document. Some media outlets have incorrectly reported that he has 30 days to do so, which has caused unnecessary confusion. In reality, the procedure takes much longer and depends on many administrative factors.

How long will Poland wait for Donald Tusk’s desideratum?

A desideratum is a formal position of a parliamentary committee addressed to a specific state body – in this case, the Prime Minister. Its purpose is to obtain an official response to a given matter, but it does not impose on the addressee the obligation to introduce the proposed changes. Poland’s Prime Minister is only obliged to take a position, not to implement the postulates.

In the case of the desideratum regarding the decriminalization of cannabis, the Sejm Petitions Committee decided to issue it on November 7th, 2023. However, the mere fact of making a decision does not mean that the document will be automatically sent to the Prime Minister’s Office. It must first be prepared and then approved by the committee, which requires additional time.

Currently, work on the document is ongoing, but it is delayed due to bureaucratic reasons. According to available information, the committee responsible for creating desiderata employs only one person, which prolongs the process. The queue of documents to be developed makes it difficult to determine the actual date of forwarding the desiderata to the Prime Minister’s Office – it could happen in a few weeks or even months. The statutory 30-day period for responding will only begin to run from the moment the Prime Minister receives the document.

Although Poland’s Prime Minister Donald Tusk has publicly supported the idea of ​​decriminalization, his position in response to the desideratum will not determine the fate of the project. Further work by the parliamentary team for decriminalization and possible legislative initiatives that may be put to a vote in the Sejm will be of key importance.

Work of the parliamentary team in Poland

In addition to the activities of the Sejm Petitions Committee, the Parliamentary Team for Decriminalization plays a key role in the issue of decriminalization of cannabis. This is the first initiative of this type in the Polish parliament, which includes MPs from the ruling coalition who openly support changes in drug policy.

The team began its work intensively – four meetings have been held so far, including consultations with experts and representatives of pro-cannabis organizations. A decision was made to commission work on preparing a draft law that would introduce the decriminalization of possession of cannabis for personal use.

The main goal of the team is:

Developing a decriminalization project that will eliminate criminal liability for possession of small amounts of cannabis and set clear limits for legal possession.

Gathering broad parliamentary support, both among the ruling coalition and other groups, so that the bill has a real chance of being voted on in the Sejm.

Although the final shape of the bill and the deadline for its submission are still unknown, for the first time in the history of Polish cannabis policy there is a real chance to introduce specific changes to the regulations.

Will the ban on the sale of CBD affect decriminalization?

In parallel to the work on decriminalizing cannabis, another controversial issue has emerged – a project banning the sale of CBD herb for smoking . The government plans to recognize it as a drug, which could completely eliminate this product from legal circulation in Poland.

Such a decision could have a negative impact on the debate on decriminalizing cannabis. On the one hand, opponents of legalization may see the CBD ban as an argument for maintaining strict regulations on cannabis. On the other hand, if the government decides to impose even greater restrictions on the sale of cannabis products, it could weaken support for liberalizing cannabis laws.

Potential consequences of CBD ban in Poland:

Weakening the case for decriminalization – If even trace amounts of THC are made illegal, politicians may be reluctant to relax cannabis laws.

Increased distrust of the government – ​​some members of society will perceive this as a retrograde move, contrary to previous declarations by the ruling coalition on the liberalisation of cannabis policy.

Risk of further criminalisation of cannabis users – CBD prohibition could impact law enforcement, leading to even more prosecutions for possession of cannabis.

The introduction of a ban on CBD contradicts European trends of liberalization of hemp regulations. In countries such as Germany and the Czech Republic, the law is moving in a completely different direction – towards regulation and legalization, not further restrictions.

How the government in Poland will reconcile these two issues – the potential decriminalization of cannabis and the tightening of regulations on CBD – remains an open question. One thing is certain: the decision on CBD herb will be an important signal for the future of hemp policy in Poland.

The process of decriminalizing cannabis in Poland is entering a key phase, but contrary to popular belief, it is not a matter of days or weeks. The decision of the Sejm Petitions Committee to send the desideratum to Prime Minister Donald Tusk is an important step, but the document itself is still waiting to be prepared and submitted to the Chancellery of the Prime Minister. Only after its receipt will the 30-day period for responding begin.

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(Featured image by oleg_mit via Pixabay)

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First published in Fakty Konopne. A third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

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