Drug lawyer

Drug Possession and Trafficking – How Are They Understood?

In Poland, drug possession – even in small amounts – is punishable. Criminal liability applies to quantities sufficient for at least a single typical dose capable of intoxicating one person.

According to Article 62(1) of the Anti-Drug Addiction Act, anyone who unlawfully possesses narcotic drugs or psychotropic substances is subject to imprisonment for up to three years. The concept of “possession” is interpreted broadly as actual control over the substance, even for a short period of time.

Significant Amount of Narcotics

• Under Article 62(2), a conviction involving a “significant quantity” of drugs or psychotropic substances carries a penalty of 1 to 10 years’ imprisonment.
• The law does not strictly define “significant quantity.” Courts decide based on case law and factors such as weight (grams, kilograms, number of portions), type of narcotic (hard vs. soft drugs), intended use (commercial distribution vs. personal use).
• As a rule, a significant amount is one sufficient to intoxicate dozens or even hundreds of people.

Possession of Drugs – Minor Offense

The law also provides for a privileged type of offense in cases of small amounts, allowing for a fine, restriction of liberty, or imprisonment for up to one year.

The statute does not precisely define “minor offense.” Courts consider amount of the drug, degree of social harm, circumstances of the act, offender’s motivation and behavior, means used to commit the act.

A Good Drug Lawyer – How the Kancelaria Płatek Can Help

At Kancelaria Płatek, we represent clients accused of drug crimes at every stage of proceedings – from the first detention for drug possession to trial and appeals. Our team closely follows changes in drug legislation and case law to provide the strongest possible defense.

We also assist in related matters such as driving under the influence of intoxicants and represent clients during the penalty phase, including:

• postponement of punishment,
• serving a sentence under electronic surveillance,
• early release,
• suspension of serving a sentence,
• erasure of conviction.

The Importance of Early Legal Intervention

Drug cases often begin with an arrest and a home search. Although contact with a lawyer may initially be difficult, the detainee has an absolute right to defense and may request legal representation – even through close family.

A crucial stage is the interrogation at the police station or prosecutor’s office. The presence of a drug lawyer is essential, as it helps guide the process and influences subsequent decisions. After interrogation, the prosecutor decides on preventive measures. With a lawyer’s involvement, measures such as property surety may be applied instead of harsher pre-trial detention.

Detention for 48 Hours for Drug Possession

Time plays a decisive role in pre-trial detention. A detainee must be brought before a court within 48 hours, along with a request for temporary arrest. The court then has 24 hours to decide. If these deadlines are exceeded, the detainee must be released.

Discontinuance of Possession Cases – How a Drug Lawyer Can Help

According to Article 62a of the Anti-Drug Addiction Act, proceedings may be discontinued if the drugs in question are in insignificant amounts and intended for the offender’s own use. Factors considered when deciding on discontinuance include:

• concentration and potential number of doses,
• offender’s prior criminal record,
• context and place of discovery,
• social harmfulness of the act.

“Insignificant amount” and “personal use” are not uniformly defined – interpretations vary across regions and courts. Discontinuance may be granted at various stages of the proceedings.

Why Choose a Good Drug Lawyer – Kancelaria Płatek

A lawyer specializing in drug cases plays a crucial role at every stage of criminal proceedings. Our services include:

Legal advice at an early stage of the proceedings

• assessment of the client’s legal situation,
• planning an effective defense strategy.

Representation during investigation and inquiry

• defense during interrogations,
• filing motions for preventive measures.

Representation in court

• defense at trial,
• challenging indictments and presenting counterarguments.

Preparation of appeals

• drafting complaints, appeals, and cassations.

Drafting of pleadings

• preparing procedural documents: requests for evidence, responses to indictments, and other case-related submissions.

Defense of convicts and post-conviction support

• assistance during sentence execution, including deferment of imprisonment, serving a sentence under electronic monitoring, or conviction expungement,
• support with drug therapy: ensuring clients’ rights and access to treatment.

Negotiations with law enforcement agencies

• negotiating more favorable settlements and outcomes.

For more details, contact us! Kancelaria Płatek will assist you at every stage of your case.