Is 6-APB legal in Poland?

Also known as: benzofury

Legal status

Controlled. Poland names this substance in its own national list. «6-APB» is entry lp. 56 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation «1-(benzofuran-6-ylo)propano-2-amina». Article 33(2) of the 2005 Act confines group I-P to scientific research, so no lawful medical supply of it exists in Poland. 5-APB at lp. 55, 6-APDB at lp. 57 and 5-MAPB at lp. 50 are named in the same block.

Consequences if caught

Capital exposure: none. Poland has no death penalty, and the heaviest band the 2005 Act reaches for any conduct with this substance is a term of years. Possession is an offence under article 62(1) of the 2005 Act and the band there is up to three years. Where the quantity is considerable, article 62(2) sets a band of one year to ten years. In a case of lesser gravity article 62(3) provides instead for a fine, a restriction of liberty or up to one year. Article 62a lets proceedings be discontinued, even before the decision to open an investigation, where the quantity is insignificant and intended for the holder's own use and a penalty would be inexpedient. That is a power of the prosecutor and not an entitlement of the holder, so it is not decriminalisation. The benzofuran family is listed compound by compound here rather than by a structural definition, which is the technique the third annex uses for the synthetic cannabinoids. Supply offences sit apart from possession. Article 56 punishes putting such a substance on the market with a fine and six months to eight years, and article 56(3) raises that to a fine and two years to twelve years where the quantity is considerable. Article 59(1) punishes supply for gain with one year to ten years. The published Poland entry described 6-APB as caught by a benzofuranyl structural class in the new psychoactive substances annex. On the text read here the basis is a plain named entry at group I-P, and the difference matters because it is article 62 and not article 62b that applies.

If prescribed or medical

There is no authorised medicinal product with this substance in Poland, so no prescription route exists for it. Article 33(2) confines group I-P to research.

Documentation

No personal import route exists, because a listed substance may be brought in only under the licensing chapter of the 2005 Act and not on a traveller's own account. The certificate issued under article 75 of the Convention implementing the Schengen Agreement is the route for a prescribed controlled medicine and does not reach a substance for which no prescription can be written. It is sold as powder or as a pellet, and the presentation makes no difference to the entry.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Poland’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.