Płatność do powierzchni upraw konopi
Direct payments for areas under hemp plantations

Summary/Abstract: The aim of the considerations is to determine the legal nature of the payment for hemp acreage in the light of EU and national law and to formulate an answer to the question whether the legal construction of this payment is in line with the objectives of the Common Agricultural Policy for 2023–2027. In conclusion, the author found, inter alia, that these payments have a conditional character. Indeed, the legislator burdens the agricultural producer with the risk of not receiving any area payments on the area of hemp cultivation. The granting of support is determined by the percentage content of Δ9-tetrahydrocannabinol in the cultivated variety of hemp, which is variable and de facto independent of the farmer. This contradicts the objectives of the CAP, such as promoting fair farm incomes and the resilience of the agricultural sector across the Union, or increasing market orientation and ensuring the competitiveness of farms. The author points out the inconsistency of the Polish regulation of fibre hemp with EU law. Thus, it is postulated that the definition of ‘qualifying hectare’ in relation to hemp in EU law should be clarified, the EU method of verifying Δ9-tetrahydrocannabinol content should be implemented into the Polish legal order in a comprehensive manner and the provisions of the Act on Counteracting Drug Addiction should be adjusted to the new conditions.

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