Poland’s Justice Ministry Weighs 10-Gram Cannabis Threshold Without Parliamentary Vote

This is one of the most important meetings in recent years for proponents of liberalizing drug laws in Poland. Representatives of the Free Hemp group spent over an hour at the Ministry of Justice debating the introduction of a fixed 10-gram cannabis threshold in guidelines for prosecutors. The ministry is well-prepared and sees the benefits of legalization, but lawyers are wondering how to implement the changes without a political battle in the Sejm.

The meeting took place at the Ministry of Justice building. The social side was represented by the movement’s leaders: Jakub Gajewski, Łukasz Rydzik, Maciej Kowalski, and Andrzej Dołecki. Ministry officials, including former judges, sat opposite them. The conversation lasted an hour and twenty minutes , an exceptionally long time for such delegations.

“We have never seen officials so prepared”

The atmosphere of the meeting was surprisingly substantive. Jakub Gajewski, president of Wolne Konopi, expressed his appreciation for the other side’s expertise in his Instagram story:

“Yesterday, Łukasz Rydzik, Maciej Kowalski, and Andrzej Dołecki, along with members of the Free Hemp Party, attended talks at the Ministry of Justice about the demands of the Free Hemp Party. We have never seen officials (former judges) so substantively and intellectually prepared for the discussion.”

The discussions focused not only on decriminalization but also on full legalization of cannabis in Poland. Interestingly, the Ministry of Justice has its own detailed economic analyses.

As Jakub Gajewski reports, the ministry calculates the revenues from potential legalization into very graphic data:

100 km of expressways per year
5 oncology hospitals per year
500 ambulances per year
“thirteen” for every teacher/nurse – every year

Plan: Bypass the Sejm, unify the law in Poland

Despite optimistic projections regarding legalization in Poland, the meeting’s primary goal was to address the “here and now” issue. Wolne Konopie proposed introducing a 10-gram threshold as the limit for marijuana use in guidelines for prosecutors.

Such a solution would allow for the actual decriminalization of possession of small amounts without the need for the Sejm to amend the act, which would be difficult in the current political situation in Poland.

“Our main proposal was to introduce a 10g threshold into the guidelines for prosecutors without the need for a vote in the Sejm or legislation. Such a threshold would allow for uniform prosecutorial practice across the country – so that a citizen from Mazovia, Podkarpacie, or Pomerania would be treated equally for the same amount of marijuana. This is the first step towards true decriminalization in Poland,” explains Gajewski.

We’re currently dealing with “judicial roulette.” In one city, possession of a few grams results in a dismissal, while in another, it results in a conviction.

Legal gymnastics in the ministry

Poland’s Ministry of Justice recognizes the problem and demonstrates goodwill, but the formalities are not straightforward. Officials must find a way to ensure that such guidelines are consistent with the applicable legal system.

“This shows that they are not indifferent to the topic. However, it was made clear that it is very difficult to resolve within the current legal system. To introduce real changes without amending the law, we will have to—literally—stretch our legs,” Gajewski reports.

According to information provided by Jakub Gajewski, a legal review is currently underway at the ministry. Judges are examining whether standardization of sentencing can be achieved by:

guidelines for prosecutors,
ordinances,
regulations,
changes in the regulations of court operations.

There is a risk that introducing such changes “extra-statutory” could be undermined. However, the ministry wants to maintain communication channels and work with activists to find a solution – if one path fails, they will seek another.

Your stories can change the law – Urgent Appeal

Poland’s Ministry of Justice has asked Wolne Konopie for concrete evidence of unequal treatment of citizens by the courts. For negotiations to move forward, case numbers are needed.

Jakub Gajewski, in a message to our editorial office, emphasized that collecting this data is crucial to prove the professionalism of the social side:

“Help us, yourselves, and future criminals. We have been asked by state institutions to collect case file references in which possession of up to 10g of marijuana was assessed differently by the courts. In one city, the charges were dismissed, in another, a fine or suspension – we want to show this in black and white to prove that Poles are treated unequally, and that the current law is selective and unfair,” Gajewski appeals.

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(Featured image by Shelby Ireland via Unsplash)

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

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