Legal Regulations
Industrial hemp growing
(The counteracting drug addiction act of July 29th, 2005)
Art. 45 sec.3: The cultivation of industrial hemp may only be carried out for the needs of the textile, chemical, pulp and paper, food, cosmetic, pharmaceutical, building materials and seed industries (…)
Art. 46 sec.2: The cultivation of industrial hemp can be carried out
1) Over a specified size area, in designated areas (…)
The location of a crop must be included in the appropriate Voivodship Seymik resolution specifying the total area for hemp cultivation and adherent to zoning laws (the resolution specifies municipalities where farmers may apply for cultivation permits and subsities under the EU Common Agricultural Policy). There are no legal obstacles to apply for a location to be included in the resolution within a year of its establishment while taking into account the waiting time (approx. 2 months) and the need to ensure that regulations are observed depending on established procedure in each voivodeship.
2) when using elite or certified category seeds adherent to seed-production law (…)
The Court of Justice of the EU in the case C- 462/01 ruled that the EU legal regulations concerning the Common Agricultural Policy of the EU (currently EU Regulation No. 1307/2013, Art. 32.6, Art. 35.3 and Implementing Regulation (EU) No. 809/2014 Art. 37 and 45) must be interpreted as excluding any national legislation that would have the effect of prohibiting the cultivation and possession of industrial hemp covered by these regulations.
The varieties included in the Common Catalog of Varieties of Agricultural Plants of the EU are allowed for sowing and harvesting within the territory of each EU country.
Applications for said seeds and the legality of their sowing and growing is documented:
1) an invoice for their purchase from an entity authorized to sell such seeds in the voivodeship, entered into the register of the Provincial Inspectorate of Plant Health and Seed Inspection (PIORiN), and 2) a label on the packaging containing the seeds (these documents should normally be attached to the application for a cultivation permit).
art. 46 sec. 3. The use of hemp seeds of the basic and certified category (…) shall be confirmed by the purchase invoice of the seed and the label on the packaging containing the seeds.
GrowPharma sp.z o.o. is an entity authorized to trade in varieties of industrial hemp seed material (entry in the Lublin provincial branch of PIORiN) admitted for sowing—in packages with an officially approved label.
(…) and additionally:
3) a cultivation contract with an entity holding a permit from a voivodship marshal to conduct business with and purchase industrial hemp.
GrowPharma sp.z o.o. is an entity authorized to purchase and contract industrial hemp crops throughout Poland. Signing a cultivation contract obligates us to collect the entire crop in accordance with an individually negotiated contract.
Contracting agreement (Civil code)
1) providing the producer with the possibility of purchasing certain means of production
and obtaining financial assistance;
2) agrotechnical and zootechnical assistance;
3) cash bonuses;
4) material bonuses.
Art. 617. The contracting authority is entitled to supervise and control the carrying out of the cultivation contract by the producer.
Art. 621. The warranty for physical and legal defects of the subject of the contract and the means of production provided to the manufacturer by the contracting authority shall be governed by the provisions on the warranty for sale, except that the contracting authority is entitled to the right to withdraw from the contract due to physical defects of the subject of the contract only if the defects are of essential nature.
Art. 622. § 1. If due to circumstances for which neither party is responsible, the producer cannot deliver the subject of the contract, he is only obligated to return potential advances and bank loans. § 2. In the contract, the parties may stipulate the conditions for the return of advances and repayment of loans that are more favorable to the producer.
1) providing the producer with the possibility of purchasing certain means of production
and obtaining financial assistance;
2) agrotechnical and zootechnical assistance;
3) cash bonuses;
4) material bonuses.
Art. 617. The contracting authority is entitled to supervise and control the carrying out of the cultivation contract by the producer.
Art. 621. The warranty for physical and legal defects of the subject of the contract and the means of production provided to the manufacturer by the contracting authority shall be governed by the provisions on the warranty for sale, except that the contracting authority is entitled to the right to withdraw from the contract due to physical defects of the subject of the contract only if the defects are of essential nature.
Art. 622. § 1. If due to circumstances for which neither party is responsible, the producer cannot deliver the subject of the contract, he is only obligated to return potential advances and bank loans. § 2. In the contract, the parties may stipulate the conditions for the return of advances and repayment of loans that are more favorable to the producer.
or 4) obligations to process industrial hemp for the purposes specified in Art. 45 sec. 3, submitted within 14 days of sowing.
The cultivation of industrial hemp is treated by Polish law more broadly than the agricultural production of fibers and seeds. The purpose of the regulations on growing hemp is to also make possible the production of raw material for the needs of industries of key importance for the economy. A farmer or an entrepreneur, regardless of the cultivation area, also has the possibility of independent industrial processing, regardless of the scale of their business.
For this purpose, an interested party, regardless of its size and business ambitions, must have an appropriate processing plant (enterprise) operating in the selected industry. A description of the enterprise—plant or processing facility—shall be attached to the application to cultivate industrial hemp for the purpose of processing the harvest in-house, indicating the equipment and product categories to be produced from the cultivated hemp.
All those interested in industrial growing of hemp are invited to see the GrowPharma sp.z o.o. offer for details, both for small and large-scale cultivation purposes. We provide support at every stage of the project—from creating a concept, based on available resources or ideas in the local environment, to implementation of investments including operating activities both domestic and foreign.
Special departments of agricultural production
Art. 615. Additional services on the part of the contracting authority may be
in particular:
1) providing the producer with the possibility of purchasing certain means of production
and obtaining financial assistance;
2) agrotechnical and zootechnical assistance;
3) cash bonuses;
4) material bonuses.
However, tax regulations reserve the right to tax for this type of activity on account of the so-called special departments of agricultural production. The special departments of agricultural production are:
– cultivation in heated greenhouses above 25 m2
– cultivation in unheated greenhouses above 25 m2
– cultivation in heated foil tunnels above 50 m2:
* the described activity is taxed with the PIT / CIT tax and not with the agricultural tax
* taking up the activity may be subject to different regulation having to do with the KRUS insurance
Growing for the needs of the pharmaceutical industry (Pharmaceutical Law)
Article 45 (3): Cultivation of industrial hemp (…) for the pharmaceutical industry (…)
Industry—cannabis cultivation to supply the pharmaceutical industry. Pharmaceutical law regulations regarding the production of medicines and substances of plant origin do not exclude the possibility of undertakings such as growing industrial hemp.
Cannabis processing in the pharmaceutical industry
