No. Kratom is not explicitly legal in Germany but exists in a regulatory gray area. While not formally banned, its sale and possession may violate the New Psychoactive Substances Act (NpSG) if marketed for consumption, as it is classified as a “non-approved substance” under § 2 NpSG. The Federal Institute for Drugs and Medical Devices (BfArM) monitors its distribution, and enforcement varies by state.
Key Regulations for Kratom in Germany
- NpSG Compliance: Kratom is treated as a “new psychoactive substance” if sold for human consumption, triggering § 2 NpSG prohibitions on trade, import, and possession with intent to distribute.
- BfArM Oversight: The agency classifies kratom alkaloids (mitragynine, 7-hydroxymitragynine) as controlled under the NpSG, subjecting unauthorized sales to criminal penalties.
- State-Level Enforcement: Local authorities (e.g., Bavarian police) may seize kratom under public health ordinances, though prosecutions are inconsistent due to legal ambiguity.
2026 Compliance Shift: The German government plans to explicitly list kratom alkaloids in the NpSG’s Annex II, criminalizing all non-medical use, import, and possession by mid-2026. Until then, kratom remains in legal limbo, with vendors operating under “not for human consumption” disclaimers to avoid prosecution.