Germany’s Federal Institute for Drugs and Medical Devices (BfArM) issued a warning in early July about the potential harms of kratom, sparking new concerns that a kratom ban might be forthcoming.
“Kratom is not approved as a medicine in Germany. The safety and effectiveness of kratom have not been sufficiently tested so far,” reads a Google translation of the BfArM statement. “Animal and human studies indicate that kratom could potentially lead to harmful neurological effects, including addiction and withdrawal syndrome, and in particular damage to the liver and kidney. There are reports of deaths related to kratom, the exact causes and relationships are still being scientifically studied. The BfArM is currently also taking part in the Joint Expert Commission on the Classification of Substances on whether key-containing products can be regarded as medicinal products or as food…If a national authority classifies a product as a medicinal product subject to authorization, it may no longer be placed on the market without an authorization.”
Though this statement leans heavily on adverse event cases that have not be thoroughly investigated, warnings like this often suggest action that may follow. Last September, the European Kratom Alliance (EKA) issued a press release fearing a potential ban in Germany. Germany is the most populous country in the European Union, with, as the EKA pointed out, an estimated 1.5 million kratom consumers. A kratom ban would not only harm civil liberties, but hamper kratom science in Germany, a global powerhouse in pharmaceutical research. The EKA also feared “far reaching consequences” in Europe, a domino effect if the EU’s economic center decides to ban.
Kratom is currently not considered a drug in Germany and it is therefore legal. Kratom products can only be sold as “not for human consumption” and they must be labeled as such. Kratom is currently available in physical and online shops across Germany.
Kratom is considered a novel food under EU law, meaning it cannot be sold for ingestion unless approved by the European Food Safety Authority (EFSA). Importing kratom into Germany is legal from countries where kratom is permitted, especially within the EU.
In Germany, a substance becomes illegal through a formal process governed primarily by the Federal Narcotics Act (Betäubungsmittelgesetz, or BtMG). The Federal Ministry of Health initiates scheduling decisions, typically in consultation with BfArM. If a substance is deemed to pose a public health risk—whether due to psychoactive properties, potential for addiction, or alignment with international drug control treaties—a legislative proposal is made to amend the BtMG. This proposal usually requires approval from both the Bundestag and the Bundesrat, Germany’s two parliamentary chambers. Once passed, the change is published in the Federal Law Gazette and enforced nationally.
Under German law, possession of illegal substances is a crime, but personal use is not explicitly illegal. However, there are options other than prison for those charged for small possession of narcotics. Sentencing is guided by the principle of “Treatment Instead of Punishment” so sentences can be lessened if the defendant gets treatment.