Designer drugs and new psychoactive substances, ‘smart’ drugs.

Act amending the Act on counteracting drug addiction

The notified draft envisages the introduction of new penal provisions intended to penalise offences involving the manufacture, import, transport, export and placing on the market of smart drugs defined under this act as designer drugs or new psychoactive substances. In addition, the purpose of the regulation is to introduce sanctions for the possession and supply, whether or not in exchange for money, of smart drugs.

The proposed amendments entail criminal sanctions, for, inter alia, the following:

- the manufacture or processing in the Republic of Poland of designer drugs and psychoactive substances which potentially pose a threat to life or health;

- the import, export, transport, intra-Community acquisition or intra-Community delivery of designer drugs or new psychoactive substances which potentially pose a threat to life or health;

- the placing on the market, or participation in the trade, of designer drugs or new psychoactive substances which potentially pose a threat to life or health;

- granting, facilitating or allowing the use or inciting the use of designer drugs and psychoactive substances which potentially pose a threat to life or health;

- the giving to another person of a designer drug or new psychoactive substance which potentially poses a threat to life or health as well as facilitating the use, or inciting the use, of such a substance or substances for financial gain.

The new provision under Article 62b also penalises the possession of designer drugs or new psychoactive substances which potentially pose a threat to life or health.