Is kratom banned in Germany?

Current legal situation as of 2023

The legal situation regarding kratom in Germany is currently somewhat uncertain. We have taken the trouble to collect all available information from official bodies to give you a clear overview of the current legal situation regarding Kratom in Germany. Thanks to our membership of organizations such as the European Kratom Dealers' Association, the American Kratom Association and our participation in leading forums such as Kratom.ink, we have extensive insight into the industry. We will this experiences use to give our prognosis for the future development of the legal situation in Germany in our conclusion. We would like to help you to find your way in this uncertain situation.

Investigations by the Federal Institute for Drugs

Kratom was not in the focus of the German state for a long time, as it was simply not considered relevant enough due to its low level of awareness and the damage potential assessed as “low”.

This changed for the first time this year 2010. In the wake of rising popularity, Kratom stood out on the agenda for the first time the 35th session of the expert committee for narcotics from the Federal Institute for Drugs and Medical Devices. This committee should discuss the inclusion of the plant "Mitragyna Speciosa" and its leading alkaloids in Appendix I of the Narcotics Act.[1]

After that, the topic of kratom was initially not discussed further. Not until December 2013 Kratom was again on the agenda of the 41st session of the same expert committee. This time, however, a reclassification was only discussed under the heading "Exchange of experience on other substances". However, there was still no evidence that Federal Ministry for Drugs and Medical Devices were available that would give reason to include kratom and its active ingredients in the appendices of the BtMG.[2][3]

Most recently, the current status of the effects and distribution of kratom was discussed at the 51st meeting of the above-mentioned committee of experts under agenda item 7 on 06.05.2019 advise,[4] however, is here again lack of information on the BfArM website once again no resolution is to be assumed. (it is questionable whether there was any deliberation at all, since it is not mentioned in the summary of the meeting)[5]

The summary after three sessions: So far, no classification as a drug or narcotic.

How do the courts act in relation to Kratom?

after one Judgment of the Higher Regional Court (OLG) Cologne dated September 11, 2015, which dealt with a previous conviction of a kratom shop operator, it was said that the shop operator was not responsible for an interpretation of the Medicines Act (AMG) another because of one Criminal liability under the Food and Feed Act (LFGB) are to be condemned.
The Cologne Higher Regional Court justified this with a “lack of resilient scientific knowledge about the health-promoting effect“, which means that Kratom is currently not classified as a medicinal product according to §2 Abs.1 AMG. The fact that kratom is actually used against certain diseases in countries with underdeveloped medical care does not change that.

The interpretation of Kratom as a food was also declared to be absurd, which means that the LFGB does not consider it punishable.
According to the Cologne Higher Regional Court, there is no criminal liability for putting cosmetic substances that are harmful to health, since kratom does not have any harmful effects when used as a bath additive, for example. You can read the explanations of this paragraph in more detail in the judgment linked below.
[6]

Critical Review 2021 - World Health Organization

At the end of 2021 there was a hearing requested by the American Food and Drug Administration (FDA) on the possible reclassification and risk assessment by the WHO in relation to kratom (or mitragynine, 7-hydroxymitragynine).
In the course of this, the independent expert committee, which consists of scientists from relevant areas, examined whether the current study situation and statistical surveys seemed to give reason for a so-called "critical review" or even a direct recommendation of the ban to the member states.
In addition, 14 representatives were allowed to present their point of view to the committee during a public hearing. Among these representatives was the board of directors American Kratom Association (AKA), which is arguably the primary adversary in the fight against the FDA's "criminalization" propaganda. The AKA provided hundreds of thousands of testimonials and signatures from people whose lives had been improved by kratom.

The German toxicologist Dr. Fabian Steinmetz, who spoke for the NGO ENCOD (European Coalition for Effective Drug Policies), positioned himself clearly against the reclassification (Link to the video: here).

The WHO wrote in its published “Preview Report” that the strong prevailing opinion in the scientific “community” from one, discourages prohibition! You can find the whole report here: WHO Kratom Preview.

Conclusion

Overall, it can be said that the statements made so far by the various government agencies suggest that Kratom currently legal is and neither falls under the BtMG nor on an interpretation of the drug concept under the AMG.

What is our prognosis? 

The kratom community has given the WHO's decision a consistently positive response over the past year! Had the committee come to a different conclusion, it would have resulted in a direct recommendation for action against kratom to member states. Now it seems at least clear that there is no need for action from a scientific and expert point of view. This probably won't stop some states from continuing their conservative and irrational substance policies and banning kratom. However, this decision gives time to gather more data and insights that can testify to what a wonderful plant kratom is.   

Another important factor that may affect the legal position of kratom in Germany and Europe is the ongoing conflict of interest between the American Food and Drug Administration (FDA) and the American Kratom Association (AKA). The FDA has attempted in the past to place kratom on the Banned Substances List, thereby banning the sale and use of kratom in the United States. However, AKA successfully fought back and averted a national ban. Currently, the FDA and AKA are in a contest for support of each of the congresses in many US states. The outcome of this conflict may affect the legal position of Kratom in Germany and Europe. If you would like to support the work of the American Kratom Association, which is not just limited to the US, you can do so here: donate.


Taking these factors into account, we dare to predict that a ban in Germany is unlikely in the near future.

In conclusion, we can only say that we remain curious to see how the legal situation in Germany will develop in the coming years and we keep you in the loop our kratom blog Up to date.

Are you interested in Kratom? Then we recommend one of ours to get you started Bundles Order packs or a 10g sample of one of our classic strains Red Thai or Super Green Melawi:

(These statements do not constitute binding legal advice, but only our conclusions from the information available to us)


Want to learn more about kratom? Then check out our other blog articles! Such as this readable article on the history of Kratom.

[1]https://www.bfarm.de/DE/Bundesopiumstelle/Betaeubungsmittel/Sachverstaendigenausschuss/Sitzungen/Tagesordnung_35.html

[2]https://www.bfarm.de/DE/Bundesopiumstelle/Betaeubungsmittel/Sachverstaendigenausschuss/Sitzungen/Ergebnisse_35.html 

[3]https://www.bfarm.de/DE/Bundesopiumstelle/Betaeubungsmittel/Sachverstaendigenausschuss/Sitzungen/Tagesordnung_41.html

[4]https://www.bfarm.de/DE/Bundesopiumstelle/Betaeubungsmittel/Sachverstaendigenausschuss/Sitzungen/Tagesordnung_51.html

[5]https://www.bfarm.de/DE/Bundesopiumstelle/Betaeubungsmittel/Sachverstaendigenausschuss/Sitzungen/Ergebnisse_51.html

[6]https://openjur.de/u/866755.html

[7]https://de.wikipedia.org/wiki/Kratombaum