Legal aspects of the use of medical cannabis in Poland compared to other countries: Comparative legal analysis

Abstract

The importance of this issue is that there is an increasing demand for the use of medical marijuana in treatment where methods based on traditional medicine have failed. The aim of the article is the analysis and evaluation of the legal regulation of treatment with preparations containing medical marijuana in Poland against the background of trends in other countries. The study employs a dogmatic and black-letter methods of analyzing the provisions of the law in force in Poland and also a comparative method. Studies have shown that the systems of countries in Europe and the world vary in this regard. When it comes to the medical use of marijuana, three solutions are possible: a liberal model, where the patient can grow the plant himself, a moderate model, which relies on the possibility of obtaining a drug based on medical marijuana with a prescription. The third model is based on the impossibility of medical use of marijuana. The Polish legal model is moderate and consists of the possibility of obtaining a medical marijuana-based drug by prescription. Independent cultivation under this model is not possible. A business entity that intends to cultivate cannabis for medical purposes must have the appropriate permit from the competent state authority. This solution (present in many other countries) is characterized by a balance between legalization of medical marijuana and drug prevention. Under the Polish legal model, cannabis cultivation remains under state supervision. Medical marijuana is available to the patient, but access to it is strictly regulated. This is not a liberal legalization model, as availability depends largely on the doctor. Practical results show a progression in the availability of medical marijuana medicines compared to previous years. The legislature is open to change, but out of caution against the proliferation of drug offenses, it has not decided on greater liberalization