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Kratom & Legal Status: Legal in Germany and the EU?

Kratom & Legal Status: Legal in Germany and the EU?

This article is part 4 of 7 of our comprehensive kratom guide. It addresses the question that should be settled before any purchase: What is the legal status of Mitragyna speciosa in Germany and the European Union?

TL;DR

Botanical name Mitragyna speciosa (Korthals, 1839)
Plant family Rubiaceae (coffee family)
Origin Southeast Asia — Thailand, Malaysia, Indonesia (Borneo)
Primary alkaloids Mitragynine (~66 %), 7-Hydroxymitragynine (~2 %)
Available forms Powder, capsules, liquid extract
Legal status (DE) Legal — not listed in BtMG or NpSG

Kratom and the BtMG

The Narcotics Act (BtMG) regulates controlled substances in Germany. It consists of three annexes:

  • Annex I: non-marketable narcotics
  • Annex II: marketable but non-prescribable narcotics
  • Annex III: marketable and prescribable narcotics

Neither Mitragyna speciosa as a plant nor mitragynine or 7-hydroxymitragynine as pure substances are listed in any of the three annexes (as of the current version of the BtMG). In practical terms this means: cultivation, trade, import, possession and consumption of kratom do not fall under narcotics criminal law.

Mitragynine — Structural formula
Indole alkaloid · Mitragyna speciosa

Mitragynine

methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahydroindolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate
Molecular formula: C23H30N2O4
Molecular weight: 398.5 g/mol
CAS: 4098-40-2
Read more about Mitragynine

The pharmacological classification of mitragynine as a partial µ-opioid receptor agonist with GPCR bias (see the article on mitragynine) does not automatically lead to a BtMG listing — this would require a formal inclusion decision by the legislator, which has not occurred to date.


Kratom and the NpSG

The New Psychoactive Substances Act (NpSG) was introduced in 2016 to regulate designer drugs and synthetic analogues as entire substance groups — such as synthetic cannabinoids or cathinones. The NpSG works with substance group definitions based on specific chemical core structures.

Kratom alkaloids are based on the indole core structure of the Corynanthe alkaloids (Mitragyna belongs to the Rubiaceae family, the coffee plants). The annex to the NpSG lists specific substance groups — mitragynine and the other kratom alkaloids do not fall under these definitions.

In addition, the NpSG generally does not focus on traditionally used natural substances with a long history of application. Kratom has been traditionally used in Southeast Asia for centuries (see kratom guide).


European Union: Overview

Kratom regulation is not harmonised across the EU. Each member state decides independently. The following overview is based on the most recent information available; changes are possible.

Country Status Note
Germany Legal Not in BtMG, not in NpSG
Netherlands Legal Sold in smartshops among others
Austria Not in the Narcotics Act No narcotic status
France Not planned as narcotic As of last review
Belgium Legal Not planned
Czech Republic Legal Widespread trade
Spain Legal Not planned
Italy Regulated / banned On the narcotics list since 2016
Sweden Banned Mitragynine regulated
Denmark Banned Prescription-only
Finland Regulated Classified as a medicinal substance
Poland Banned Since 2009
Lithuania / Latvia Banned In the narcotics catalogue
United Kingdom (non-EU) Banned Falls under the Psychoactive Substances Act 2016

The EUDA (European Union Drugs Agency, formerly EMCDDA) monitors kratom through its monitoring system but has so far not issued a union-wide regulatory recommendation.


How do I buy kratom legally in Germany?

Since kratom does not fall under the BtMG or NpSG, trade operates within the scope of general consumer protection regulations. Established in practice are:

  • Sale as a botanical product / incense (not as a food or medicinal product)
  • Lab-tested goods with certificates of analysis for heavy metals, microbiology and pesticides
  • Age verification from 18 years (industry self-standard, not a legal requirement under the BtMG)
  • Transparent origin information on the cultivation region (e.g. Kalimantan / Borneo)

amama offers kratom powder and extracts according to these standards. We organise in-store sales in Berlin-Neukölln and online shipping within Germany as a provider of botanical products within the applicable regulations.

Kratom
Our selection

Kratom

Explore our selection of kratom products, a natural herb sourced from the Mitragyna speciosa tree, renowned for its ability to enhance wellness and promote a sense of balance and vitality.…


What changed in Thailand in 2021?

Thailand plays a special role in the global kratom story: In 1943 the country was the first in the world to ban kratom — back then, as retrospective analyses show, less for health reasons than for fiscal ones: kratom was a cheap alternative to taxable opium among workers.

In August 2021, kratom was removed from the Category V narcotics list in Thailand through an amendment to the Narcotics Act. Private cultivation, possession and consumption were decriminalised. In 2022 a dedicated Kratom Plant Act followed, establishing a regulated legal market.

This regulatory step is globally relevant: a traditional country of origin has reversed its stance after nearly 80 years — a signal also being noted in the European discussion.

Kratom Growing in Nanga Embaloh Village, West Kalimantan, Borneo
From the archive Kratom Growing in Nanga Embaloh Village, West Kalimantan, Borneo · Rino PHd · 2023
Mitragyna speciosa in its native habitat in Nanga Embaloh Village, West Kalimantan (Borneo), Indonesia — the historical heartland of kratom cultivation and traditional use.
Wikimedia Commons · CC BY-SA 4.0
Kratom tree
From the archive Kratom tree · ThorPorre · 2013-03-19
Mature Mitragyna speciosa (kratom) tree in natural habitat
Wikimedia Commons · CC BY 3.0

WHO review 2021: Pre-Review by the ECDD

The WHO Expert Committee on Drug Dependence (ECDD) conducted a Pre-Review of kratom and the alkaloids mitragynine and 7-hydroxymitragynine at its 44th meeting (October 2021).

The outcome: the committee found that there was insufficient evidence for a critical review with a view to an international scheduling recommendation. A Critical Review would have been the prerequisite for inclusion in the UN conventions on controlled substances.

For the legal situation in Germany and Europe this means: there is no international obligation to regulate kratom under the UN drug conventions. National legislators retain full discretion. A contribution to Europe-wide regulatory stability — not mandatory, but in effect.

A more in-depth discussion can be found in the spoke Kratom Research.


Import from abroad

Private import

Since kratom is not a listed narcotic in Germany, there are no specific BtMG import restrictions for private individuals. For shipments from non-EU countries (e.g. directly from Indonesia), the general customs regulations apply:

  • Declaration upon exceeding the exemption limits (€22 / €150 value)
  • Import VAT
  • Possibly customs duties on plant products

Customs may open and inspect shipments on a random basis. Since kratom is not on a scheduled list, correct declaration as a botanical product / plant material should not lead to criminal consequences — this is, however, not a legal guarantee, as case-by-case decisions are possible.

Commercial import

Commercial import is subject to the regular requirements for plant raw materials and consumer goods: maximum residue limits for pesticides, microbiological limits, contaminant testing (heavy metals), correct declaration and, where applicable, product safety requirements. amama sources kratom from Kalimantan (Borneo) through established supply chains and has every batch lab-tested.


Legal status is dynamic

A few points for orientation:

  • The legal situation can change. Individual EU countries (Italy, Poland, Sweden, Denmark, Finland) have already regulated or banned kratom.
  • In Germany there have so far been no concrete legislative proceedings to include kratom in the BtMG or NpSG (as of the last review).
  • National medicines authorities (in Germany the BfArM) are monitoring developments; single-substance preparations could fall under the Medicines Act if assessed accordingly.

Anyone buying kratom legally should be aware that the status rests on not being listed — not on an active authorisation.


Back to the guide

Continue with the other spokes:


Sources

  1. Narcotics Act (BtMG), current version, Annexes I–III. Federal Ministry of Justice. gesetze-im-internet.de/btmg
  2. New Psychoactive Substances Act (NpSG), current version with annex. Federal Ministry of Justice. gesetze-im-internet.de/npsg
  3. WHO Expert Committee on Drug Dependence (2021). Forty-fourth report. Pre-Review: Kratom (Mitragyna speciosa), mitragynine, 7-hydroxymitragynine. WHO Technical Report Series.
  4. Narcotics Act (No. 8), B.E. 2564 (2021). Thailand. Removal of kratom from Category V.
  5. Kratom Plant Act, B.E. 2565 (2022). Thailand.
  6. EUDA / EMCDDA — Kratom Drug Profile. European Union Drugs Agency.
  7. Tanguay, P. (2011). Kratom in Thailand: Decriminalisation and Community Control? Transnational Institute, Series on Legislative Reform of Drug Policies No. 13.
  8. Prozialeck, W. C. et al. (2019). Kratom Policy: The Challenge of Balancing Therapeutic Potential with Public Safety. International Journal of Drug Policy.

Legal notice: This page is for information and does not constitute legal advice. Legal status can change — when in doubt, check with the competent authority or a specialist lawyer. Amama provides no medical recommendations. Last editorial review: 2025.


Further Reading

→ Mitragynine Compound Profile — chemistry & pharmacology

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