Is Khat legal in Poland?

Also known as: qat, miraa, quaadka

Legal status

Controlled. Poland names the plant itself in its own national list. «CATHA EDULIS» is entry lp. 43 in group I-N of Załącznik nr 2, the narcotic annex, whose entry continues with the words for live plants or dried material, seeds, extracts and concentrates. Article 33(1) of the 2005 Act allows group I-N to be used for medical, industrial or research purposes. The plant sits on the narcotic annex while its alkaloids sit on the psychotropic one, cathinone at lp. 63 of group I-P and cathine at lp. 7 of group III-P.

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 plant entry is what reaches fresh leaf, because the leaf is the listed thing whatever its alkaloid content on the day. 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 dates the listing to an amendment in force in 2009 and records regular seizures from travellers. Both are carried forward from the published Poland entry and were not re-derived in this pass.

If prescribed or medical

Traditional plant material with no authorised medicinal form and no prescription route in Poland.

Documentation

No lawful personal import route. Fresh leaf is the listed material and is seized at the border.

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.