Practice area · Criminal law
Drug offences.
Defence from the very first step.
We conduct the defence in proceedings under the Act on Counteracting Drug Addiction - from possession, through supply and cultivation, to charges of trafficking and smuggling. We start where the case is really decided: at the arrest, the search and the first questioning.
§01Types of case
The cases in which we act for the defence
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Possession of narcotic drugs
The most common charge in this category. What often matters is whose the seized package was, and whether the quantity is consistent with personal use.
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Supply and sharing
Handing a substance to another person - including free of charge. The outcome of such cases varies greatly depending on whether any financial gain was established.
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Introduction into circulation
Charges of dealing and of taking part in trafficking, often based on statements by co-suspects and on analysis of phones and messaging apps.
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Cannabis cultivation
From a few plants to an organised grow. What matters is the number of plants, the stage of cultivation and the quantity of herb that could be obtained.
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Manufacture and processing
Cases concerning production, including charges brought against people whose role in the process was peripheral.
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Cross-border transport
Intra-Community acquisition and supply, import and export - the offences carrying the heaviest penalties in the whole Act.
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Charges of acting as part of a group
Multi-strand proceedings in which it is essential to establish precisely what a particular person did, and over what period.
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Driving under the influence of drugs
Cases under art. 178a of the Criminal Code, running alongside the seizure of the driving licence. See also: drink-driving
Law as at: September 2026. The content of this page is general information and does not constitute legal advice - assessing a particular case always requires reviewing the file.
§02Legal classification
What the Act says
An overview of the provisions that appear most often in charges. The classification, however, is only a starting point - the outcome of a case is decided by the evidence and the circumstances of the particular incident.
| Provision | What it covers | Penalty |
|---|---|---|
| art. 62(1) | Possession of narcotic drugs or psychotropic substances | imprisonment of up to 3 years |
| art. 62(2) | Possession of a significant quantity | imprisonment from 1 to 10 years |
| art. 62(3) | A case of lesser gravity | a fine, restriction of liberty or imprisonment of up to 1 year |
| art. 62a | A small quantity for personal use - the proceedings may be discontinued | discontinuation even before the decision to open an investigation is issued |
| art. 58 | Supplying a substance to another person, inciting or facilitating its use | imprisonment of up to 3 years |
| art. 59 | Supply for financial or personal gain | imprisonment from 1 to 10 years |
| art. 56 | Introducing substances into circulation or taking part in trafficking | a fine and imprisonment - more severe where a significant quantity is involved |
| art. 55 | Import, export, transport and intra-Community trade | a fine and imprisonment - for a significant quantity, no less than 3 years |
| art. 53 | Manufacture, processing or conversion | imprisonment - for a significant quantity, no less than 3 years |
| art. 63 | Cultivation of poppy, cannabis or coca | imprisonment of up to 3 years - more severe where a significant quantity is involved |
| art. 70a, 71 and 72 | Treatment and therapy instead of punishment for a person who is dependent or using harmfully | assessment by a specialist, suspension of the proceedings, conditional discontinuation |
The ranges given are the statutory penalties, not a prediction of the sentence. The court takes into account, among other things, the type and quantity of the substance, the accused person's role, any previous convictions and their conduct during the proceedings.
§03The key concept
“A significant quantity” - more turns on this than on anything else
This single phrase can move a case from a maximum of 3 years to a penalty reaching 10 years or more. The Act does not define it - the line is drawn by case law, and the courts assess it by reference to the number of doses that could be prepared from the seized material.
That is why the expert report matters so much in drug cases: the net weight, the content of the active substance and the way it is converted into doses. Each of these can be a basis for challenging the classification - and changing the classification changes the whole case.
At the other end of the scale are “a case of lesser gravity” and art. 62a, which allows the proceedings to be discontinued where a small quantity intended for personal use is involved. Working out where on that scale a case falls is one of the defence lawyer's first tasks.
§04Lines of defence
What the defence rests on
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Lawfulness of procedural steps
The grounds for and conduct of the search and arrest, and the way items were secured. Failings at this stage can undermine the value of the entire body of evidence.
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The expert report
Checking the testing methodology, the dose calculation and the report's conclusions. Where necessary we apply for a supplementary or further report.
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Establishing the actual role played
In multi-strand cases, charges are sometimes framed collectively. We demonstrate what a particular person actually did - and over what period.
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Treatment instead of punishment
Where addiction lies behind the case, the Act provides treatment routes - from assessment by a specialist to suspending the proceedings for the duration of treatment.
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Evidence from a phone
Messages and call records rarely speak for themselves. We examine the context, the authorship and whether the device was extracted correctly.
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Sentencing
Where responsibility is not in dispute, the work shifts to sentencing: extraordinary mitigation, a suspended sentence, electronic monitoring.
§05An urgent situation
Under arrest - what to do and what not to do
A short list worth knowing before you need it. It applies both to the person arrested and to the family who often hear about the case first.
Worth doing
- Say clearly that you want to contact an advocate.
- Note down when and where the arrest took place.
- Read the official record before you sign it - and raise any objections to its contents.
- Ask for your objections to be entered in the record if anything about the procedure gives you doubts.
- Notify someone close to you who can contact the firm.
Better left until later
- Giving a lengthy statement before speaking to a defence lawyer - you have the right to refuse.
- Signing documents whose contents you do not understand.
- Agreeing an account with other people - in these cases that usually rebounds on everyone involved.
- Deleting messages and data from your phone.
- Discussing the case over messaging apps.
§06How we work together
How we run a drug case
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Urgent contact
We establish what stage the case is at and whether immediate action is needed.
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Access to the file
We review the material: the official records, the expert report and the basis for the charges.
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The line of defence
We choose an approach: challenging the classification, discontinuation, the treatment route, or work on sentencing.
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Applications and submissions
We file applications for evidence, appeals against detention and applications to vary the preventive measures.
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Defence in court
We represent you at hearings and, after judgment, assess the merits of an appeal.
§07Questions and answers
Questions about drug cases
Cannot find your question here? Call us on +48 883 406 792 or write to us using the contact form.
Not always. The Act allows the proceedings to be discontinued where a small quantity intended for personal use is involved. What counts, though, is the whole picture: the quantity, how it came to light, any previous convictions and how the arrest itself was carried out. Assessing this requires reviewing the file.
Supply means handing a substance to a specific person - including free of charge, for instance offering some to a friend. Introduction into circulation concerns handing a substance to someone who is to distribute it further. The difference in classification means a completely different penalty, which is why it is one of the more frequent points of dispute in these cases.
The Act gives no figures - the line is drawn by case law, which refers to the number of doses that could be prepared from the seized material. That is why the expert report matters so much: the net weight, the content of the active substance and the conversion rate applied. Challenging those findings can be a genuine route to changing the classification.
The Act provides treatment routes: assessment by an addiction treatment specialist, suspension of the proceedings for the duration of treatment and, in defined situations, conditional discontinuation once therapy has been completed. These options come with conditions - using them requires an application and documentation of the course of treatment.
A decision ordering pre-trial detention can be appealed, and during the proceedings an application can be made to lift it or replace it with a lighter measure - bail, police supervision, a ban on leaving the country. The sooner the defence lawyer gains access to the file, the more arguments can be put forward.
Cultivation is a separate offence, independent of possession. What matters is the number of plants, the stage of growth and the quantity of herb that could be obtained - and on a larger scale the classification can be more severe. It also happens that a charge of possessing the harvested material is brought alongside the cultivation charge.
The fee depends on the stage of the proceedings, the number of charges and the expected amount of work. We agree it in writing before we begin - with no charges added along the way. At the first conversation we will tell you what the case will require.
The first step
Let us talk about your situation
You do not need your documents in order, and you do not need to know the law. Just tell us what is happening - we will plan the way forward together.
§08Contact
Book a legal consultation
