Legality
Is it legal in Poland? Drug law, penalties and sources
Poland is often described as having decriminalised small amounts. It has not. It has given the prosecutor a power to stop. This page states the difference, quotes the article, and links every substance to its own sourced entry. Legal information, not legal advice.
Possession is an offence, in three grades
Article 62(1) of the Act on counteracting drug addiction provides that whoever, contrary to the provisions of the act, possesses narcotic drugs or psychotropic substances is subject to imprisonment of up to three years.
Article 62(2) raises that to one to ten years where the subject of the act is a significant quantity. Article 62(3) lowers it, in a case of lesser gravity, to a fine, a restriction of liberty, or imprisonment of up to a year.
Article 62a is a power to stop, and the word is may
Article 62a provides that where the subject of the act referred to in article 62(1) or (3) is narcotic drugs or psychotropic substances in an insignificant quantity, intended for the perpetrator's own use, the proceedings may be discontinued even before a decision to open an investigation is issued, if imposing a penalty would be inexpedient in view of the circumstances of the act and the degree of its social harmfulness.
The Polish is można umorzyć, may be discontinued. The offence in article 62 is still committed and the elements are still made out. What changes is that the prosecutor acquires a power not to proceed, conditioned on two judgements: that a penalty would be inexpedient, and that the social harmfulness is low.
That is a different thing from Spain, where the conduct is outside the criminal article, and from Portugal, where the conduct is an administrative offence by statute. In Poland the outcome depends on a decision someone makes about the case.
And a new psychoactive substance is a separate offence with a separate penalty
Article 62b is a parallel provision for new psychoactive substances. Possessing one carries a fine. Possessing a significant quantity carries a fine, a restriction of liberty, or imprisonment of up to three years.
So the same conduct with a classic controlled drug carries up to three years, and with a new psychoactive substance carries a fine. Poland runs the two regime structure inside a single act rather than across two, which is the same answer Sweden reaches with two separate acts.
What each provision carries
| Provision | Conduct | Penalty |
|---|---|---|
| Art. 62(1) | Possessing a narcotic drug or psychotropic substance | Up to 3 years |
| Art. 62(2) | The same where the quantity is significant | 1 to 10 years |
| Art. 62(3) | A case of lesser gravity | A fine, restriction of liberty, or up to 1 year |
| Art. 62a | An insignificant quantity for the perpetrator's own use | Proceedings may be discontinued. A power, not an entitlement |
| Art. 62b(1) | Possessing a new psychoactive substance | A fine |
Every substance confirmed against a primary source
88 substances have a status for Poland verified against a named statute. Each row links to the full entry, with the consequences, the prescription position and the source.
| Substance | Status |
|---|---|
| 1P-LSD | Controlled. Poland names this substance in its own national list. «1P-LSD» is entry lp. 44 in Załącznik nr 3, the list of new psychoactive substances. A Załącznik nr 3 entry is... |
| 2-FDCK | Controlled. Poland names this substance in its own national list. «2-FDCK» is entry lp. 81 in group II-P of Załącznik nr 1, the psychotropic annex, added by the amending... |
| 25I-NBOMe | Controlled. Poland names this substance in its own national list. «25I-NBOMe» is entry lp. 16 in group I-P of Załącznik nr 1, the psychotropic annex. It sits inside an unbroken... |
| 2C-B | Controlled. Poland names this substance in its own national list. «2C-B» is entry lp. 2 in group II-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| 2C-E | Controlled. Poland names this substance in its own national list. «2C-E» is entry lp. 13 in group IV-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| 2C-I | Controlled. Poland names this substance in its own national list. «2C-I» is entry lp. 3 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| 2C-T-7 | Controlled. Poland names this substance in its own national list. «2C-T-7» is entry lp. 5 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| 3-MMC | Controlled. Poland names this substance in its own national list. «3-MMC» is entry lp. 77 in group II-P of Załącznik nr 1, the psychotropic annex, with the alternative name... |
| 4-AcO-DMT | Controlled. Poland names this substance in its own national list. «4-AcO-DMT» is entry lp. 41 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| 4-HO-MET | Controlled. Poland names this substance in its own national list. «4-HO-MET» is entry lp. 47 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| 5-MeO-DMT (Bufo / Toad) | Controlled. Poland names this substance in its own national list. «5-MeO-DMT» is entry lp. 53 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| 6-APB | 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... |
| 7-Hydroxymitragynine (7-OH) | Controlled through the kratom entries, although the alkaloid is not named in the annexes under its own name. «MITRAGYNA SPECIOSA» is entry lp. 132 in group I-N of Załącznik nr... |
| Adderall | Controlled. The product has no separate identity in Polish law and is reached through its constituents, both of which Poland names in its own national list. «AMFETAMINA» is... |
| Alcohol | Not named in the Polish national list. Ethanol appears nowhere in the three annexes to the Minister of Health regulation, and it is not a narcotic, a psychotropic or a new... |
| Amanita muscaria | Controlled through its two active constituents, although the mushroom itself is not named in the annexes. «KWAS IBOTENOWY» is entry lp. 65 in Załącznik nr 3, the list of new... |
| Amphetamine | Controlled. Poland names this substance in its own national list. «AMFETAMINA» is entry lp. 10 in group II-P of Załącznik nr 1, the psychotropic annex, with the alternative... |
| Amyl Nitrite | Not named in the Polish national list. A search of all three annexes for an alkyl nitrite entry, including the Polish word azotyn, returned nothing, so amyl nitrite is not a... |
| Ayahuasca | Controlled. Poland names both of the brew's usual plants and its active alkaloid in its own national list. «BANISTERIOPSIS CAAPI» is entry lp. 30 in group I-N of Załącznik nr... |
| Barbiturates | 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... |
| Benzodiazepines | Controlled. Poland names the benzodiazepines individually in its own national list rather than reaching them as a class. «DIAZEPAM» is entry lp. 17 in group IV-P of Załącznik... |
| Buprenorphine | Controlled. Poland names this substance in its own national list. «BUPRENORFINA» is entry lp. 2 in group III-P of Załącznik nr 1, the psychotropic annex, which places it on the... |
| Caffeine | Not named in the Polish national list. Caffeine appears nowhere in the three annexes, so it is neither a narcotic nor a psychotropic nor a new psychoactive substance under the... |
| Cannabinol | Not named in the Polish national list. Cannabinol appears in none of the three annexes under its own name. What the annexes do name is the tetrahydrocannabinol field... |
| Cannabis / THC | Controlled. Poland names cannabis material in its own national list in two entries. «KONOPI ZIELE innych niż włókniste» is entry lp. 113 in group I-N of Załącznik nr 2, the... |
| Cathinone | Controlled. Poland names this substance in its own national list. «KATYNON» is entry lp. 63 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| CBD | Not named in the Polish national list. Cannabidiol appears in none of the three annexes, so the isolated compound is not a narcotic, a psychotropic or a new psychoactive... |
| Clonazepam | Controlled. Poland names this substance in its own national list. «KLONAZEPAM» is entry lp. 35 in group IV-P of Załącznik nr 1, the psychotropic annex, with the alternative... |
| Cocaine | Controlled. Poland names this substance in its own national list. «KOKAINA» is entry lp. 112 in group I-N of Załącznik nr 2, the narcotic annex, with the designation opening as... |
| Codeine | Controlled, and in the mildest narcotic tier rather than the strict one. «KODEINA» is entry lp. 2 in group II-N of Załącznik nr 2, the narcotic annex, with the designation... |
| Crack Cocaine | Controlled, on exactly the terms that reach cocaine, because the freebase has no separate identity in the annexes. «KOKAINA» is entry lp. 112 in group I-N of Załącznik nr 2... |
| Delta-8-THC | Controlled, and named expressly rather than caught by inference since 28 July 2026. «Tetrahydrokannabinole» is entry lp. 96 in group I-P of Załącznik nr 1, the psychotropic... |
| Diazepam | Controlled. Poland names this substance in its own national list. «DIAZEPAM» is entry lp. 17 in group IV-P of Załącznik nr 1, the psychotropic annex, with the alternative name... |
| DMT | Controlled. Poland names this substance in its own national list. «DMT» is entry lp. 27 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| DOM | Controlled. Poland names this substance in its own national list. «STP, DOM» is entry lp. 90 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| DXM | Not named in the Polish national list, and the exclusion is express rather than a silence. The 2025 amending regulation rewrote «LEWOMETORFAN*)» at lp. 115 and «LEWORFANOL*)»... |
| Ephedrine | Not named in the Polish national list. A search of all three annexes for ephedrine and for pseudoephedrine returned nothing, so neither is a narcotic, a psychotropic or a new... |
| Etizolam | Controlled. Poland names this substance in its own national list. «ETIZOLAM» is entry lp. 75 in group IV-P of Załącznik nr 1, the psychotropic annex, with a... |
| Fentanyl | Controlled. Poland names this substance in its own national list, on the narcotic annex and not the psychotropic one. «FENTANYL» is entry lp. 75 in group I-N of Załącznik nr 2... |
| Gabapentin | Not named in the Polish national list. Gabapentin appears in none of the three annexes, so it is neither a narcotic nor a psychotropic nor a new psychoactive substance under... |
| GBL | Not named in the Polish national list. A search of all three annexes for gamma-butyrolactone and for its Polish name returned nothing. The related substance GHB is named, at... |
| GHB | Controlled. Poland names this substance in its own national list. «GHB» is entry lp. 20 in group II-P of Załącznik nr 1, the psychotropic annex, the entry giving the Polish... |
| Heroin | Controlled, and named twice in the same annex. «HEROINA» is entry lp. 78 in group I-N of Załącznik nr 2, the narcotic annex, with the designation opening diacetylomorfina. The... |
| HHC | Controlled, and the group changed on 28 July 2026. «HHC» is entry lp. 83 in group II-P of Załącznik nr 1, the psychotropic annex, with the alternative name... |
| Hydrocodone | Controlled. Poland names this substance in its own national list. «HYDROKODON» is entry lp. 80 in group I-N of Załącznik nr 2, the narcotic annex, with the designation opening... |
| Ketamine | Controlled. Poland names this substance in its own national list. «KETAMINA» is entry lp. 19 in group II-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| Khat | 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... |
| Kratom | Controlled. Poland names both the plant and its principal alkaloid in its own national list. «MITRAGYNA SPECIOSA» is entry lp. 132 in group I-N of Załącznik nr 2, the narcotic... |
| Lorazepam | Controlled. Poland names this substance in its own national list. «LORAZEPAM» is entry lp. 41 in group IV-P of Załącznik nr 1, the psychotropic annex, with a designation that... |
| LSA (Morning Glory) | Controlled through the seed plants, although the alkaloid is not named in the annexes under its own name. «ARGYREIA NERVOSA» is entry lp. 29 in group I-N of Załącznik nr 2, the... |
| LSD | Controlled. Poland names this substance in its own national list, in group I-P and not group II-P. «(+)-LIZERGID» is entry lp. 64 in group I-P of Załącznik nr 1, the... |
| MDA | Controlled. Poland names this substance in its own national list. «TENAMFETAMINA» is entry lp. 91 in group I-P of Załącznik nr 1, the psychotropic annex, the entry carrying the... |
| MDMA | Controlled. Poland names this substance in its own national list. «MDMA» is entry lp. 65 in group I-P of Załącznik nr 1, the psychotropic annex, with a designation that closes... |
| MDPV | Controlled. Poland names this substance in its own national list. «MDPV» is entry lp. 61 in group II-P of Załącznik nr 1, the psychotropic annex, with the alternative names... |
| Memantine | Not named in the Polish national list. Memantine appears in none of the three annexes, so it is neither a narcotic nor a psychotropic nor a new psychoactive substance under the... |
| Mephedrone (4-MMC) | Controlled. Poland names this substance in its own national list. «MEFEDRON» is entry lp. 58 in group II-P of Załącznik nr 1, the psychotropic annex, with the alternative name... |
| Mescaline | Controlled. Poland names this substance in its own national list. «Meskalina» is entry lp. 69 in group I-P of Załącznik nr 1, the psychotropic annex, with the designation... |
| Methadone | Controlled. Poland names this substance in its own national list. «METADON» is entry lp. 122 in group I-N of Załącznik nr 2, the narcotic annex, with the designation... |
| Methamphetamine | Controlled. Poland names this substance in its own national list. «METAMFETAMINA» is entry lp. 29 in group II-P of Załącznik nr 1, the psychotropic annex, the entry adding the... |
| Methaqualone (Quaaludes) | Controlled. Poland names this substance in its own national list, in group II-P and not group IV-P. «METAKWALON» is entry lp. 28 in group II-P of Załącznik nr 1, the... |
| Methylone | Controlled. Poland names this substance in its own national list. «METYLON» is entry lp. 62 in group II-P of Załącznik nr 1, the psychotropic annex, with the alternative names... |
| Methylphenidate | Controlled. Poland names this substance in its own national list. «METYLOFENIDAT» is entry lp. 32 in group II-P of Załącznik nr 1, the psychotropic annex, with the alternative... |
| Mitragynine | Controlled. Poland names the isolated alkaloid in its own national list, separately from the plant. «MITRAGYNINA» is entry lp. 133 in group I-N of Załącznik nr 2, the narcotic... |
| Modafinil | Not named in the Polish national list. Modafinil appears in none of the three annexes, so it is neither a narcotic nor a psychotropic nor a new psychoactive substance under the... |
| Morphine | Controlled. Poland names this substance in its own national list. «MORFINA» is entry lp. 136 in group I-N of Załącznik nr 2, the narcotic annex, with the designation... |
| MXE | Controlled. Poland names this substance in its own national list. «METOKSETAMINA» is entry lp. 31 in group II-P of Załącznik nr 1, the psychotropic annex, the entry carrying... |
| Nicotine | Not named in the Polish national list. A search of all three annexes returned only nicotinoyl esters of opioids, nicomorphine at lp. 142 and nicocodine and nicodicodine in... |
| Nimetazepam | Controlled. Poland names this substance in its own national list. «NIMETAZEPAM» is entry lp. 54 in group IV-P of Załącznik nr 1, the psychotropic annex, with a nitro... |
| Nitrous Oxide | Not named in the Polish national list. A search of all three annexes for nitrous oxide, including its Polish name podtlenek azotu, returned nothing, so it is not a narcotic, a... |
| Opium | Controlled. Poland names it in its own national list, and the entry reaches the tincture as well as the raw material. «OPIUM I NALEWKA Z OPIUM» is entry lp. 149 in group I-N of... |
| Oxycodone | Controlled. Poland names this substance in its own national list. «OKSYKODON» is entry lp. 150 in group I-N of Załącznik nr 2, the narcotic annex, with the alternative name... |
| PCP | Controlled. Poland names this substance in its own national list. «FENCYKLIDYNA» is entry lp. 16 in group II-P of Załącznik nr 1, the psychotropic annex, the entry carrying the... |
| Peyote | Controlled through its constituent mescaline, although the cactus is not named in the annexes. «Meskalina» is entry lp. 69 in group I-P of Załącznik nr 1, the psychotropic... |
| Phenibut | Not named in the Polish national list. Phenibut appears in none of the three annexes, so it is not a narcotic, a psychotropic or a new psychoactive substance under the 2005 Act. |
| Pink Cocaine / Tusi | Controlled through whichever of its constituents is present, although the mixture is not named in the annexes as such. The powders sold under this name are variable, and the... |
| Poppers | Not named in the Polish national list. A search of all three annexes for the alkyl nitrites, including the Polish word azotyn, returned nothing, so the products sold under this... |
| Pregabalin | Not named in the Polish national list. Pregabalin appears in none of the three annexes, so it is neither a narcotic nor a psychotropic nor a new psychoactive substance under... |
| Psilocybin | Controlled. Poland names this substance in its own national list. «PSYLOCYBINA» is entry lp. 86 in group I-P of Załącznik nr 1, the psychotropic annex, with a dihydrogen... |
| Quetiapine | Not named in the Polish national list. Quetiapine appears in none of the three annexes, so it is neither a narcotic nor a psychotropic nor a new psychoactive substance under... |
| Salvia divinorum | Controlled. Poland names both the plant and its active principle in its own national list. «SALVIA DIVINORUM» is entry lp. 174 in group I-N of Załącznik nr 2, the narcotic... |
| Scopolamine (Devil's Breath) | Not named in the Polish national list. Scopolamine, called hioscyna in Polish, appears in none of the three annexes, so it is neither a narcotic nor a psychotropic nor a new... |
| Synthetic Cannabinoids (K2 / Spice) | Controlled, and by two different techniques at once. Poland names many of them individually on the narcotic annex, with JWH-015 at lp. 87, JWH-073 at lp. 90, JWH-122 at lp. 93... |
| THC-P | Controlled since 22 May 2025, on the third annex rather than on the cannabinoid entries of the first. «Δ9-THCP» is entry lp. 59 in Załącznik nr 3, the list of new psychoactive... |
| Tobacco | Not named in the Polish national list. Neither tobacco nor Nicotiana appears in any of the three annexes, so tobacco is not a narcotic, a psychotropic or a new psychoactive... |
| Tramadol | Not named in the Polish national list. Tramadol appears in none of the three annexes, so it is not a narcotic, a psychotropic or a new psychoactive substance under the 2005... |
| Xanax (Alprazolam) | Controlled. Poland names this substance in its own national list. «ALPRAZOLAM» is entry lp. 5 in group IV-P of Załącznik nr 1, the psychotropic annex. Article 33(1) of the 2005... |
| Xylazine | Not named in the Polish national list. Xylazine appears in none of the three annexes, so it is not a narcotic, a psychotropic or a new psychoactive substance under the 2005... |
| Zolpidem | Controlled. Poland names this substance in its own national list. «ZOLPIDEM» is entry lp. 71 in group IV-P of Załącznik nr 1, the psychotropic annex, with an imidazopyridine... |
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Sources
- Ustawa z dnia 29 lipca 2005 r. o przeciwdziałaniu narkomanii, arts. 62, 62a and 62b Consolidated text consulted 16 September 2026. Both annexes to the act now read uchylony, repealed.
Statute text on this page is quoted from the copies linked above. Last verified September 21, 2026.