The legal status of kratom in Europe
The European Union is a free trade zone with no boundaries that allow for the mobility of people and goods. Each country maintains its economic legislation but they are all unified as part of the EU.
The European Union can make general rulings and laws that all member states have no choice but to follow. However, when it comes to passing legislation related to a new substance or banning one from use, states have some freedom.
There is however a mutual recognition principle. This means that if one member state approves the use of a given substance, it should not be banned in the other member states.
It is illegal to import or export kratom in the United Kingdom. However, a UK-based company claims that it’s completely legal for use in the UK. The Psychoactive Substances Act from May 2016 has made it legal for use there, as the law now covers “any substance intended for human consumption that is capable of producing a psychoactive effect.”
As of 2021, we’re seeing different regulations and development in kratom legality in each country. Check out the data here.
Germany:
Germany is the cultural and economic heart of Europe. There is so much to see and do in Berlin or Hamburg. One thing that people are often confused about is whether kratom is legal in Germany. But it’s completely legal and can be bought from certain shops without a prescription.
Germany’s narcotic law (BTMG) doesn’t list Kratom, so it can be used until it is listed in the Medicinal Product Act (AMG). It is legal and not controlled unless you’re using it for consumption.
Denmark:
In March 2009, Denmark has enlisted kratom in controlled substances. Its use is permitted to companies, laboratories, and institutions that have been authorized by the Danish Medicines Agency. It means that you can’t possess kratom without the permission of the Danish Medicines Agency.
Spain:
Spain has a vibrant culture that makes it the perfect place for the kratom culture. Being one of the world’s most popular medicines, kratom is sold legally in all kinds of shops in Spain.
Kratom use is legal in Spain and can be bought from an EU country where kratom is legal. Shipments are allowed if it comes from within the European Union, provided that the shipment complies with the import legislation of each specific EU country.
France:
France is one of the oldest European countries and welcomes citizens from all over the world. Kratom has also arisen in popularity in Paris among many other major cities in France.
Kratom is legal to use, import, transport, export, and process in France since January 2020 thanks to a law enshrined in the “List of psychotropic substances”. Kratom shipments from European Union member states are also allowed. It is regulated by the EU customs union as per its Lisbon Treaty.
Portugal:
Portugal decriminalized personal drug possession in 2001. It means that you can’t be prosecuted for holding drugs. Kratom is also listed as a psychoactive substance and can’t be sold. However, possession is non-criminalized.
It is under the list of controlled psychoactive substances since 2013 according to Ordinance 154/2013. Shipments are allowed when sent from a European Union member state where kratom is legal and found in the EU rule.
Netherlands:
As a country, the Netherlands is known for its tolerant stance towards drugs. This has attracted a lot of Dutch citizens and other visitors who have gotten into the habit of using kratom, as well as vendors based in this stunning country.
Kratom is currently legal by opium law. You can buy it in Holland. Shipments are allowed when sent from a European Union member state where kratom is legal. It is regulated by the EU customs union in the Lisbon Treaty.
Hungary
Kratom is not a controlled substance in Hungary, where it can be found online and purchased as a legal concoction at head shops.
As of now, the use of kratom is legal per LAW “Decree 55/2014” (Substances or groups of compounds classified as new psychoactive substances).
Ireland:
Back in 2011, kratom was banned as it was thought to be dangerous. However, this decision was later overturned by the Irish Court of Appeal in 2015. As a result, the kratom ban came back in 2017 when legislation changed and is now illegal when it falls under Statutory Instrument 552/2011 and Misuse of Drugs Regulation 2017.
Albania:
It is not illegal to consume or sell kratom in Albania at this time. Information about the plant’s properties and its effects are scarce in Albanian, and there is virtually no public discourse of the plant found in the country
Austria:
A country full of music and the birthplace of Wolfgang Amadeus Mozart- has managed to resist the passage of legislation that would ban kratom. You can buy it on the internet or in shops, and it’s available in major cities like Vienna.
Belgium:
Belgium is known for its delicious chocolates, waffles, fries, and beers; but it also has a thriving kratom culture with the freedom to legally cultivate it. Travelers will find drinks and food in perfect harmony with this plant on their travels.
Croatia:
Kratom can be found in Croatia, but it is illegal to use here. So you better not cultivate, possess, use or trade it because there are the risks of legal punishment.
Bulgaria:
Kratom has been forbidden in Bulgaria since 2011. It’s a substance listed with others as being prohibited for human and veterinary consumption.
Conclusion:
Countries in the EU can decide what their legal system is based on their judgment. Most countries turn to the US or UN when they are facing a new situation that doesn’t apply to any of their laws.
There have been some good strides in terms of acceptance for kratom. However, there are still several countries you should avoid if you’re thinking about using the plant. Check out the list given above for information that will help you decide if you are aiming to travel to any European country.