New list of psychotropic substances and narcotics

Psychoactive substances exhibit effects on the central nervous system, can pose a potential threat to human health and life and cause social harm, and given the lack of widespread awareness of the dangers of new psychoactive substances, it is imperative to reduce their availability without delay. These substances have been identified not only in the territory of the Republic of Poland, but also occur in the territory of other European Union countries. The dangers of new psychoactive substances affect particularly vulnerable groups, especially young people. Failure to prohibit the use of a substance can create, a mistaken impression of its harmlessness. Unauthorized possession of new psychoactive substances is subject to criminal liability. Authorities of the State Sanitary Inspectorate, in cooperation with the President of the Bureau of Chemical Substances, are required to supervise the legal use of new psychoactive substances.

The expected effect of the application of the proposed regulation will be a further reduction in public health risks, expressed as a reduction in the number of cases of poisoning by new drugs. The occurrence and spread of newer and newer chemical variants of psychoactive substances pose a threat to human health or life. To increase the effectiveness of the impact, the recommended solution is to include more substances in the lists of drugs. In the draft regulation, based on the resolutions of the Team for assessing the risks to human health or life associated with the use of new psychoactive substances, the list of new psychoactive substances has been expanded to include another chemical compound and a new group of chemical substances. The proposed regulation accelerates (following the example of other European countries) the listing of substances. Given the current continuing dynamics of the market for new drugs, which pose one of the greatest challenges to public health and safety, limiting the availability of these substances as a result of their inclusion in the criminal law, enables more effective and faster protection of society from dangerous substances.

Due to the rapid pace of appearance of new drugs on the market, which are increasingly substances with acute toxicity, in view of the availability of these substances, among others, through various online distribution channels, it is necessary to amend the Regulation of the Minister of Health of August 17, 2018 on the list of psychotropic substances, narcotic drugs and new psychoactive substances (Journal of Laws 2022, item 1665, and 2023, item 744). The amendments take into account: the provisions of the United Nations Drug Control Convention, including the decisions of the 66th Session of the Commission on Narcotic Drugs (CND) - Vienna, 13-17.03.2023, and the recommendations of the Team for assessing the risks to human health or life associated with the use of new psychoactive substances.

The draft regulation expands: "List of psychotropic substances by group referred to in Article 32 of the Law of July 29, 2005 on Counteracting Drug Addiction," included in Annex No. 1, in the section "2. Psychotropic substances of group II-P" by two chemical compounds: ADB-BUTINACA and 3-MMC. In addition, the "List of narcotic drugs by group referred to in Article 31 of the Act of July 29, 2005 on Counteracting Drug Addiction, and with the indication of group IV-N narcotic drugs authorized for use in animal treatment in accordance with Article 33(2) of that Act", contained in Annex No. 2, in part "1. Group I-N narcotic drugs", is supplemented by three chemical compounds: ETAZEN, ETONITAZEPINE and 2-METHYL-AP-237. The amendment also amends the "List of New Psychoactive Substances," contained in Annex No. 3, by adding one chemical compound: 1V-LSD and the group of new psychoactive substances VII-NPS - arylcyclohexylamine derivatives.

The draft regulation updates the chemical designation for the substance KETAMINE included in part "2. Psychotropic substances of group II-P" in Annex No. 1 in item 19.

Source: RCL