Are Barbiturates legal in Poland?

Also known as: barbs

Legal status

Controlled, and the class is split across three tiers of the psychotropic annex rather than held at one. «AMOBARBITAL» is entry lp. 1 in group III-P of Załącznik nr 1, the psychotropic annex, and «BUTALBITAL» at lp. 3, «CYKLOBARBITAL» at lp. 4 and «PENTOBARBITAL» at lp. 8 share that group. «SEKOBARBITAL» is entry lp. 36 in group II-P of Załącznik nr 1, the psychotropic annex. «FENOBARBITAL» is entry lp. 24 in group IV-P of Załącznik nr 1, the psychotropic annex, with the alternative name Luminalum, and «BARBITAL» sits at lp. 8 of that group. There is no single answer for the class, and the tier a given barbiturate occupies has to be read off the annex.

Consequences if caught

Capital exposure: none. Poland has no death penalty, and the exposure on this row is a term of years at most, reached only where the holding is outside the prescription. 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 possession band does not follow the tier. Article 62 is written against the statutory category of psychotropic substance, so secobarbital at group II-P and phenobarbital at group IV-P attract the same provision. 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 notes that phenobarbital is prescribed as an antiepileptic and is a World Health Organization essential medicine while the sedative hypnotics are little used. That is carried forward from the published Poland entry and was not re-derived in this pass.

If prescribed or medical

Phenobarbital is prescribed as an antiepileptic. The remaining barbiturates are prescribable in principle under article 33(1) but are rarely dispensed.

Documentation

For a prescribed controlled medicine on Schengen travel, carry the certificate issued under article 75 of the Convention implementing the Schengen Agreement, together with the original packaging and the prescription.

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.