Medical cannabis and driving in Poland 2026 - THC, checks, penalties

Can a patient using medical cannabis drive a car? A prescription alone does not create an automatic ban on driving, but it also provides no immunity on the road. Liability depends on the driver's condition at the time of the check, toxicological test results, the circumstances of the incident and the overall assessment of the evidence by the court. Additionally, from March 2026 certain new drivers serving a probationary period are subject to a particularly strict rule of 0.0 ng/ml of a substance acting similarly to alcohol.

The most important answer: You must not drive a vehicle when THC or the side effects of your therapy may impair your reflexes, concentration, coordination or assessment of the road situation. A prescription confirms the lawfulness of your treatment, but does not confirm your fitness to drive safely at any given moment.

This material is for educational purposes and does not replace individual legal advice or medical consultation. Legislation may change and every road traffic case requires assessment of individual circumstances. If you wish to obtain a prescription for medical cannabis, please familiarise yourself with the full principles of the therapy first.

Polish law does not establish a general ban on holding a driving licence for a person being treated with a preparation containing THC. A patient may therefore remain an active driver, but only when at the time of driving they are capable of operating the vehicle safely and do not breach the provisions relating to substances acting similarly to alcohol.

This distinction is very important. The lawfulness of the therapy and the fitness to drive are two entirely separate matters. A medicinal product may be correctly prescribed, legally purchased at a pharmacy and taken in accordance with medical instructions, and yet at a particular time may impair the driver's psychomotor performance. A similar principle applies to many other medicines - sleep aids, sedatives, analgesics and antiepileptics.

THC can cause drowsiness, dizziness, slowed reaction times, difficulty maintaining attention, impaired judgement of distance or time, and reduced motor coordination. The severity of these effects varies between individuals and depends, among other things, on the dose, route of administration, THC concentration in the preparation, individual tolerance, other medicines taken, alcohol consumed, fatigue, age and co-existing medical conditions.

The practical rule is simpler than attempting to interpret your blood THC concentration yourself: if a patient experiences altered perception, drowsiness, dizziness, slowing, uncertainty of movement or any effect of the therapy on concentration, they should not drive. Any doubt should always be resolved in favour of safety and alternative transport should be chosen. You can read more about how medical cannabis works after the first dose in a separate article.

A driver's liability may be either that of a petty offence or a criminal offence. The two principal provisions governing this area are:

The Penal Code provides for driving a motor vehicle under the influence of an intoxicant a custodial sentence of up to 3 years. The Code of Petty Offences provides for driving a motor vehicle in a state following the use of a similarly acting substance a term of detention or a fine of no less than 2,500 PLN. In both cases, a driving ban is also a real consequence.

Tetrahydrocannabinols are listed in the official register of substances acting similarly to alcohol. This means that the provisions apply also to THC from a lawfully prescribed medicinal preparation. The source of the substance is relevant for the legality of possession and use, but does not disapply the rules protecting road safety.

Important: The phrase 'medical cannabis' does not create a separate category in road traffic law. When assessing fitness to drive, what matters is the effect of THC and the driver's actual condition - not the name of the therapy or the type of prescription issued.

Polish law distinguishes two levels of liability, but unlike with alcohol it does not define them by simple statutory thresholds for the general driving population. In practice the distinction rests on the totality of the evidence gathered.

State following use - in the case law of the Supreme Court (Sad Najwyzszy) it has been indicated that the state following the use of a substance acting similarly to alcohol may mean the detection of the substance in the body without demonstrating that it actually impaired psychomotor performance to the degree characteristic of the state 'under the influence'. Operating a motor vehicle in such a state may constitute a petty offence under Article 87 § 1 of the Code of Petty Offences.

State under the influence - the concept used in Article 178a § 1 of the Penal Code. This refers to the level of effect of the substance that is associated with impaired driver performance and justifies criminal liability. The assessment may be based on the blood THC concentration, time elapsed since use, manner of driving, behaviour during the check, clinical signs, witness testimony, CCTV footage and the expert opinion of a forensic toxicologist.

The Supreme Court in case IV KK 666/21 emphasised that a person to whom only a state 'following use' has been attributed cannot be convicted of a criminal offence under Article 178a § 1 of the Penal Code. The distinction between these concepts marks the boundary between a petty offence and a crime. At the same time, one should not conclude from this that the mere presence of a small amount of THC is legally irrelevant - even low concentrations may give rise to legal consequences.

For the general driving population, Polish statutes do not establish a single universally applicable THC threshold equivalent to the 0.2 and 0.5 per mille alcohol limits. There is therefore no figure below which a patient is guaranteed that driving is lawful, nor a figure that in every case automatically determines a criminal offence.

Indicative values appear in judicial and toxicological practice. In ruling III KK 326/24 the Supreme Court referred to the view in specialist literature that a state under the influence of THC may be said to exist when the threshold concentration of 2.5 ng/ml is exceeded. The ruling concerned, however, a specific case in which blood was drawn more than four hours after the accident, and the expert witnesses assessed that at the time of the incident the blood THC concentration had been significantly higher.

The values used by expert witnesses and courts are not the same as a statutory permitted driving limit. Moreover, the regulation on testing sets for delta-9-THC a laboratory limit of quantification of 1 ng/ml. This is an analytical parameter of the laboratory, not a threshold for the lawfulness of driving.

Do not treat 1 ng/ml or 2.5 ng/ml as a safe limit. The first value concerns the ability of the laboratory method to detect the substance. The second appears in expert practice and case law, but has not been enacted in statute as a universal threshold for all drivers. Every case is assessed individually, taking all circumstances into account.

From 3 March 2026 new rules are in force for the probationary period for persons obtaining a category B driving licence for the first time. During the probationary period, a person driving a motor vehicle is prohibited from driving with a concentration exceeding 0.0 ng/ml of a substance acting similarly to alcohol in their body. In practice this means a zero-tolerance rule also for THC - regardless of the driver's subjective sense of wellbeing.

The probationary period generally lasts 2 years for a person who has obtained a category B driving licence for the first time after reaching the age of 18. For a person who obtained a category B driving licence at age 17, the period may last 3 years, but not beyond the age of 20. Transitional provisions mean that the new rules do not apply in the same way to all persons who obtained their licence earlier.

For a patient beginning medical cannabis therapy, this is particularly important information. If they are subject to the probationary period, they should not base their decision to drive solely on how they feel or on the passage of a certain number of hours since taking a dose. The statutory requirement of 0.0 ng/ml means that even a detectable presence of THC - with no subjective symptoms - may give rise to serious legal consequences.

Who is subject to zero tolerance? Primarily persons subject to the new probationary period for category B introduced from March 2026. Due to transitional provisions and the individual date of obtaining a licence, each patient should independently establish whether they are actually subject to a probationary period. If in doubt, it is worth consulting a solicitor specialising in road traffic law.

An authorised road traffic control authority may subject a driver to a test to determine the presence of a substance acting similarly to alcohol. The procedure may vary depending on the circumstances, but it typically comprises several stages.

Stage 1 - observation of the driver and manner of driving. The officer may pay attention to the line of travel, response to signals, manner of speech, behaviour during the stop, pupil condition, motor coordination, spatial orientation and the manner in which instructions are followed. These observations do not replace laboratory testing, but may form part of the body of evidence.

Stage 2 - saliva test. The screening test may involve non-invasive collection of a saliva sample and the use of an immunological device. The test is designed to detect the presence of certain groups of substances, including tetrahydrocannabinols. It does not, however, measure in a manner equivalent to a laboratory blood test the degree of actual impairment of the driver's performance. A negative result should not be treated by the patient as a private tool for planning journeys, as the sensitivity of devices, the timing of collection and the route of administration all significantly affect the outcome.

Stage 3 - blood collection and analysis. A blood test is performed using laboratory methods capable of quantifying delta-9-THC and other compounds. The result may indicate the concentration at the time of collection, but interpretation of the driver's condition at the time of driving can be complex, especially when several hours have elapsed between the incident and collection. In such cases the opinion of a forensic toxicologist is important, as is information on the time and route of administration of the dose.

Stage 4 - licence seizure and further proceedings. The Road Traffic Law (Prawo o ruchu drogowym) provides for the seizure of a driving licence where there is a reasonable suspicion that the driver is in a state following the use of alcohol or a substance acting similarly to alcohol. Seizure of the document or electronic recording of the seizure may occur before the case is finally concluded.

A prescription does not protect against liability for driving in a state following use or under the influence of THC. It is also not a certificate that the patient may drive after every dose of the preparation. It does, however, confirm that the preparation was prescribed within the framework of lawful treatment and may help explain the origin of the substance in possession.

During a check it is worth calmly informing the officer that you are using a lawfully prescribed preparation containing THC. You should not, however, present the prescription as a basis for refusing a test or claim that it excludes road traffic liability.

Documents that may be helpful: - information on the e-prescription or access to the patient's online account (Internetowe Konto Pacjenta); - a printout of prescription information or medical consultation documentation; - the doctor's instructions regarding the preparation, dosage and hours of use; - the original pharmacy packaging with the patient label; - proof of purchase or a document confirming dispensing of the medicine at the pharmacy.

Possession of these documents is not a shield against road traffic consequences. It is, however, relevant for establishing the lawfulness of the therapy and may reduce misunderstandings about the source of the preparation. You can read more about what to expect during your first visit to a cannabis clinic in a separate article.

Petty offence - state following use. For operating a motor vehicle in a state following the use of a similarly acting substance, Article 87 § 1 of the Code of Petty Offences provides for detention or a fine of no less than 2,500 PLN. The court imposes a driving ban. Under the general principles of the Code of Petty Offences, the ban is imposed for a period of between 6 months and 3 years.

Criminal offence - state under the influence. For operating a motor vehicle under the influence of an intoxicant, Article 178a § 1 of the Penal Code provides for a custodial sentence of up to 3 years. As a rule, the court imposes a driving ban of no less than 3 years and a monetary contribution to the Fund for Assistance to Victims and Post-Penitentiary Assistance of at least 5,000 PLN.

Recidivism or driving during a ban. If the perpetrator was previously finally convicted of certain road traffic offences related to a state of intoxication or the influence of an intoxicant, or drove during the period of a driving ban, Article 178a § 4 of the Penal Code provides for a custodial sentence of between 3 months and 5 years. In such cases a lifelong driving ban is possible, together with a higher mandatory monetary contribution.

Forfeiture of the vehicle. The current Article 44b of the Penal Code allows the court to order forfeiture of the vehicle also in the event of conviction for an offence under Article 178a § 1 or 4. In the case of THC this is a possibility at the court's discretion, not an automatic consequence linked to a specific concentration. Where the vehicle is not the sole property of the perpetrator, the provisions allow for the imposition of a compensatory payment to the State Treasury.

Road traffic accident. If the driver causes an accident, liability may be significantly more serious. Authorities examine both the breach of safety rules and the link between the driver's condition and the course of the incident. Criminal, financial and insurance consequences may extend well beyond the mere seizure of a driving licence.

The table sets out general rules and does not account for all possible circumstances, concurrence of provisions or extraordinary grounds for sentencing.

Controlled studies indicate that the acute effects of THC may impair lane keeping, speed control, divided attention and the driver's reaction time. Not every patient responds identically, and regular use does not guarantee full immunity from the effect of THC on psychomotor performance.

In a large randomised trial by Marcotte et al. published in JAMA Psychiatry (2022) involving regular cannabis users, it was demonstrated that driving simulator performance deteriorated after THC use. Particularly importantly, participants' subjective belief that they could already drive safely improved more quickly than their objective driving scores. On average, results ceased to differ from placebo after approximately 4.5 hours, but the authors did not indicate this value as a universal safe time for every driver.

Another randomised study by Arkell et al. (JAMA 2020) involving vaporised THC and CBD also demonstrated transient deterioration in driving after products containing THC. The mere presence of CBD did not automatically neutralise the risk associated with THC - an important point for patients using preparations with varying component ratios. You can read more about the side effects of medical cannabis in a separate article.

A meta-analysis by Simmons et al. (Addiction 2022) on alcohol and cannabis confirmed that both substances may impair driving and that their combination is particularly detrimental. From a safety perspective, patients should not combine THC with alcohol before driving - even when the amount of alcohol appears small.

A systematic review by Behzad et al. (2025) analysing the association between blood delta-9-THC concentration and driving performance confirmed that the linear relationship between a single concentration result and the degree of driving impairment is limited. Factors influencing this include the rate of absorption, rapid redistribution of THC from blood to tissues, frequency of use and the timing of sample collection. This is one reason why Polish cases examine more than merely the THC concentration figure.

The most important medical conclusion: A patient may cease to feel the effects before their objective psychomotor performance has fully recovered. THC may also remain detectable after subjective effects have resolved. Consequently, subjective wellbeing, time since dosing and concentration value are individually insufficient indicators of fitness to drive.

There is no single answer applicable to all patients. It is not possible to honestly guarantee that driving after 4, 6, 8 or 12 hours will always be safe and lawful. The duration of effects and detectability depends on many variables, and for drivers subject to a probationary period the absolute requirement of 0.0 ng/ml additionally applies.

What affects the duration of THC's effects? - route of administration - inhalation and vaporisation generally act more quickly, while oral preparations may act with a delay and remain in the body longer; - THC dose and the THC-to-CBD ratio in the preparation; - frequency of use and individual tolerance; - age, body weight, metabolism and possible liver conditions; - concurrent use of sedatives, sleep aids, opioids, antiepileptics or other substances affecting the central nervous system; - sleep deprivation, pain, infection, dehydration and general state of health on the day.

The safest approach is to plan therapy so that doses with psychoactive effects do not conflict with the need to drive. A patient for whom driving is part of their professional work should inform the doctor of this before commencing treatment. The doctor may discuss the timing of doses, possible side effects and alternative arrangements, but cannot issue a certificate guaranteeing freedom from road traffic liability. Details on the dosing of medical cannabis are discussed in a separate guide.

The following rules will help minimise legal and health risks for patients who drive regularly:

If you are considering the legal aspects of medical cannabis in Poland, it is worth familiarising yourself with the applicable regulations before deciding on treatment.

The following guidance is of a general nature and does not replace legal assistance in a specific case.

What not to do? Do not claim that the prescription permits driving after THC. Do not refuse to cooperate solely because the medicine is lawfully prescribed. Do not publish case details on social media before consulting your legal representative.

Myth 1: 'I have a prescription, so I can drive' A prescription confirms lawful treatment, but does not exclude liability for the driver's condition at the time of a road traffic check.

Myth 2: 'After a few hours I am always safe' There is no universal number of hours. The duration of effects and detectability depends on the dose, route of administration and individual patient characteristics.

Myth 3: 'A saliva test determines a criminal offence' A saliva test is a preliminary screening test. Legal classification is decided by the totality of the evidence, often including a blood test and the opinion of a forensic toxicologist.

Myth 4: 'Below 2.5 ng/ml you can always drive' The value of 2.5 ng/ml is not a statutory safe driving limit for the general driving population. It is an indicative value from case law and toxicological literature.

Myth 5: 'Regular patients are not impaired' Tolerance may alter the subjective perception of effects, but does not guarantee full psychomotor performance and provides no legal protection.

Myth 6: 'CBD always neutralises THC' CBD does not provide certain protection against driving impairment caused by THC - this has been confirmed by randomised clinical trials.

Myth 7: 'If I feel no effect, the result will be negative' THC may remain detectable in saliva and blood after the subjective effects of the substance have resolved.

Does the mere fact of medical cannabis treatment lead to loss of a driving licence? No. Treatment alone does not automatically result in loss of driving entitlements. A licence may however be seized during a check when there is reasonable suspicion of a state following use or under the influence of a substance acting similarly to alcohol.

Can a doctor issue a certificate stating I can drive? A doctor may describe the therapy and instructions, but cannot guarantee that at a specific moment the patient meets all road traffic law requirements. A medical certificate does not exclude a toxicological test or road traffic liability.

Must I carry the prescription in the car? Road traffic regulations do not create a general obligation to carry a paper prescription. However, having access to prescription information, treatment documentation and original packaging is practically helpful for confirming the lawfulness of the therapy during a check.

Can I drive the morning after an evening dose? This cannot be answered on the basis of timing alone. The preparation, dose, route of administration, symptoms experienced, other medicines taken and any probationary period status are all relevant.

Does a saliva test detect THC long after the effects have resolved? It may detect the presence of THC even when the patient no longer feels any clear effect of the substance. The detection window varies and depends on the type of device and the method of using the preparation.

Can I refuse the test since I have a prescription? A prescription is not a basis for refusing procedures prescribed by road traffic law. Refusal or obstruction of a test may worsen your position in the proceedings.

Does a blood test automatically show whether I was under the influence? Not always. A blood THC concentration result is important evidence, but often requires interpretation in the context of the time between the incident and sample collection, clinical signs, manner of driving and the opinion of a forensic toxicologist.

Does 1 ng/ml THC mean a criminal offence? No. The value of 1 ng/ml is indicated in the regulation as the laboratory limit of quantification for blood testing, not a statutory threshold for a road traffic offence.

Is 2.5 ng/ml a legal limit? It is not a general statutory limit. This value appears in toxicological literature and certain court rulings, but does not guarantee lawful driving at that concentration.

Does the new 0.0 ng/ml rule apply to all drivers? No. It applies to drivers subject to the probationary period under the rules in force from March 2026. Whether a given person is subject to it depends, among other things, on the date and manner in which their category B licence was obtained.

Can CBD products cause a positive test result? Products containing trace amounts of THC may in certain conditions lead to the detection of THC in saliva or blood. The risk depends on the composition, quality of the product, dose and frequency of use.

Can I drive after vaporisation with a small dose? A small dose does not automatically guarantee safety. The onset of effects with vaporisation may be rapid, and subjective assessment of one's own performance can be unreliable.

Is cycling after THC also prohibited? The Code of Petty Offences provides for liability also for operating on a public road, in a residential zone or traffic zone a vehicle other than a motor vehicle while in a state following use or under the influence of a similarly acting substance.

Can an employer require driving during therapy? The rules depend on the type of work, occupational health assessments and job duties. An employee should not carry out activities endangering safety if the medicine impairs their performance. It is worth discussing this with your treating doctor and your occupational health physician.

What is the safest rule for a patient? Do not drive after a dose that produces a psychoactive effect, during the dose-adjustment period, after changing preparation, when experiencing any symptoms, and always when there is any doubt about full psychomotor performance.

Medical cannabis is a lawful form of therapy in Poland, but the lawfulness of treatment does not mean an automatic right to drive after using THC. A driver is responsible for their actual condition at the time of driving, and at a check the saliva test, blood test, manner of driving, driver's behaviour, witness testimony and the opinion of a forensic toxicologist may all be relevant.

For the general driving population there is no single statutory THC limit in Poland equivalent to alcohol thresholds. A particular exception applies to drivers subject to the probationary period under the 0.0 ng/ml rule from March 2026. A prescription and treatment documentation help confirm lawful treatment, but do not protect against road traffic liability.

The safest strategy is to separate the time of THC use from driving, to refrain from driving during dose adjustment and when experiencing any symptoms, to avoid alcohol, and to have an open conversation with the doctor about professional obligations and the need to use a car. Check the costs of medical cannabis therapy in 2026 before deciding on treatment.

Patient checklist before driving: - I am not in the therapy initiation period or following a dose or preparation change. - I do not feel drowsy, dizzy, have difficulty concentrating, feel slowed or perceive any change in perception. - I have not consumed alcohol and have not taken other medicines that increase sedation. - I am not sleep-deprived, weakened or in a state that in itself impairs driving. - I know whether the probationary period provisions and the 0.0 ng/ml rule apply to me. - I have an alternative transport plan whenever there is any doubt about full psychomotor performance. - I store the medicine in its original packaging and have access to full treatment documentation.

Medical cannabis therapy should be conducted following a personal examination of the patient, with assessment of indications, contraindications, other medicines and the impact of treatment on daily functioning. CannabisMedic.pl - Cannabis Clinic Krakow, ul. Gesia 22A. Registration: 731 000 645.

1. Act of 6 June 1997 - Penal Code (Kodeks karny), consolidated text (Arts. 42, 43a, 44b and 178a). Open source

2. Act of 20 May 1971 - Code of Petty Offences (Kodeks wykroczen), consolidated text (Arts. 29 and 87). Open source

3. Act of 20 June 1997 - Road Traffic Law (Prawo o ruchu drogowym), consolidated text (Arts. 129ja and 135). Open source

4. Act of 17 October 2025 amending the Road Traffic Law and certain other acts, Journal of Laws 2025 item 1676 (probationary period and 0.0 ng/ml). Open source

5. Regulation of the Minister of Health of 16 July 2014 on the list of substances acting similarly to alcohol and tests for their presence, Journal of Laws 2014 item 948. Open source

6. Supreme Court (Sad Najwyzszy), judgment of 26 January 2022, IV KK 666/21 - distinction between the state 'following use' and 'under the influence'.

7. Supreme Court (Sad Najwyzszy), ruling of 29 July 2024, III KK 326/24 - assessment of blood THC concentration in a specific case.

8. Patient Rights Ombudsman (Rzecznik Praw Pacjenta) - rules for prescribing preparations containing cannabis following personal examination of the patient.

9. Marcotte TD et al. Driving Performance and Cannabis Users' Perception of Safety. JAMA Psychiatry. 2022;79(3):201-209. Open source

10. Arkell TR et al. Effect of Cannabidiol and Delta-9-Tetrahydrocannabinol on Driving Performance. JAMA. 2020;324(21):2177-2186. Open source

11. Simmons SM et al. The effects of cannabis and alcohol on driving performance and driver behaviour: a systematic review and meta-analysis. Addiction. 2022. Open source

12. Behzad D et al. Association of driving with blood delta-9-tetrahydrocannabinol concentrations: systematic review. 2025. Open source