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New psychoactive substances

Obligations of operators who use new psychoactive substances in their business activity are laid down in the Act of 29 July 2005 on prevention of drug abuse (Dz.U. of 2019, item 852, as amended).

Pursuant to Article 40(a) of the Act on prevention of drug abuse, the President of the Bureau for Chemical Substances in an administrative decision shall grant a licence to engage in the manufacture, processing, altering, import, export, intra-Community supply or intra-Community acquisition, or placing on the market of a new psychoactive substance (NPS), including in the form of mixtures or contained in products. The President, taking into account, competences, integrity and reliability of the applicant, shall make a decision on granting or refusing to grant the licence. The licence granting process is conducted based on internal administrative procedures applied to grant or refuse to grant the licence to engage in activities involving new psychoactive substances.  

Operators engaged in activities involving NSP (manufacture, processing, altering, import, export, intra-Community supply or intra-Community acquisition, and placing on the market) shall submit the application and the required documentation pursuant to Article 40(a) of the Act on prevention of drug abuse, not later than 12 months after the date of publishing a given substance in the list of new psychoactive substances.

The fee for the application is 200 PLN and it constitutes the state budget income.

The fee shall be paid into the bank account indicated by the President of the Bureau for Chemical Substances:

Narodowy Bank Polski Oddział Okręgowy w Łodzi

32 1010 1371 0015 3122 3100 0000

National Bank of Poland’s BIC: NBPLPLPW

To create IBAN, the code of Poland, i.e. “PL”, should be inserted before the above bank account number.

A separate application shall be submitted for each new psychoactive substance and posted to the Bureau for Chemical Substances: Dowborczyków 30/34, 90-019 Łódź, Poland.

PLEASE NOTE: For substances included in the same group (I-V NPS) an aggregate application may be submitted. The fee for the aggregate application also is 200 PLN. This excludes substances listed in part I of the list published by the Minister of Health (currently this list contains 37 substances). A separate application is required for each substance.

The licence is granted, refused to grant or revoked in an administrative decision. The decision is made in 90 days’ following the submission of the complete application.

The licence is issued for the period of 3 years.

A new psychoactive substance (NSP) means a substance or a group of substances of a natural or synthetic origin in pure form or in a preparation, affecting the central nervous system, other than a psychotropic substance or narcotic substance, and that poses, in accordance with a recommendation of the Team for risk assessment of threats to human health or life resulting from the use of new psychoactive substances, a health threat or social harms comparable to threats created by a psychotropic substance or a narcotic drug, or which imitates effects of these substances.  

The valid list of new psychoactive substances is published in the Regulation of the Minister of Health of 21 August 2019 amending the regulation on the list of psychotropic substances, narcotic drugs and new psychoactive substances (Dz.U. of 2019 item 1745).

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