In recent years, CBD hemp flower seems to be everywhere. It’s easy to purchase in many forms online, as well as in stores, supermarkets, and even gas stations. However, despite its wide availability, possessing and using it still doesn’t always go smoothly. People often ask: “What if the police catch me with CBD?” Such a check doesn’t always end without complications. Below, we outline the basic legal regulations, explain how to safely carry your hemp flower, and offer tips on how to handle a police encounter.
Hemp Flower and Police Checks – Is CBD Definitely Legal in Poland?
Regular cannabis (marijuana) is illegal in Poland. This doesn’t mean, however, that you cannot possess or use hemp-based products in this country. It all depends on the THC limit, the psychoactive compound that, above certain levels, has narcotic effects. In hemp products, THC content must not exceed 0.3%. Previously, this limit was 0.2% in Poland, but it was raised in May 2022 through an amendment to the Act on Counteracting Drug Addiction.
The CBD products available on the market—flowers, oils, drops, teas, etc.—contain less than 0.3% THC. As such, they do not alter perception, cause intoxication, or slow reaction times. They are not considered narcotics, and you can use them legally. CBD hemp flower is a plant-derived product that can be traded legally in Poland and throughout the European Union. Therefore, if you buy it from a reputable source, you don’t need to worry about breaking the law. However, complications can still arise during a police check.
CBD Hemp Flower and the Police – Can You Be Detained for Possessing CBD?
You already know that CBD is legal in Poland, yet you may have heard stories of people being detained by the police for possessing it. Why does that happen? The answer is quite simple and has to do with certain gaps in Polish law and the techniques used to identify illegal substances.
CBD hemp flower unfortunately looks a lot like regular marijuana—they come from the same genus of plants. At first glance, it’s hard to notice any difference. It’s also impossible to determine the exact THC content of a product based solely on its smell or taste, as these depend on the plant variety and its cultivation methods. Therefore, if a police officer finds hemp flower during a search, it will naturally raise questions and suspicions. What can you expect if you get stopped?
First of all, the officer will likely ask where you got the hemp product. In their view, it’s a suspicious substance that, under Article 244 §1 of the Polish Code of Criminal Procedure, allows them to detain the owner. You’ll probably be asked to take a saliva test for drugs. But in the case of CBD hemp flower, there’s no need to worry—the THC content is so low that the test won’t detect any illegal substances. Other issues may still arise, however.
The police also use a basic field test (a pouch containing a reactive substance) to check suspicious products. If you place the hemp flower in the pouch, the substance inside will likely change color because it reacts to any trace of THC, which then raises the suspicion of illegal drug possession. In that situation, officers can take the owner of the CBD flower to the station and send the substance to a lab for further testing. During questioning, you would simply explain that the product is CBD and deny the allegations. Once the lab results confirm the low THC content, the police will release the person in question and return the hemp flower. The process can be somewhat time-consuming but carries no legal consequences.
CBD Joint and the Police – When Will You Definitely Avoid Detention?
There are situations where officers will almost certainly let you go without taking you to the station or sending material for testing—for example, if you’re carrying hemp flower, a joint, or another product in its original packaging with a receipt. In that case, the police can easily determine on the spot that the substance is legally sourced and does not exceed the THC limit.
If you want to avoid any problems, don’t carry opened CBD or put it in a different container, and during any police check, remain calm, avoid provoking the officers, and patiently explain where your product came from, showing them proof of purchase if you have it.