Is Benzodiazepines legal in Germany?

Legal status

Controlled, and the class is split across two acts. Named benzodiazepines such as diazepam and nimetazepam are in Anlage III of the Betäubungsmittelgesetz. Designer benzodiazepines that are in no Anlage are reached instead as a group by the Neue-psychoaktive-Stoffe-Gesetz.

Consequences if caught

§ 1(2) of the Neue-psychoaktive-Stoffe-Gesetz provides that it does not apply to Betäubungsmittel within § 1(1) of the Betäubungsmittelgesetz, nor to medicinal products within the Arzneimittelgesetz, nor to veterinary medicines or medical devices. So the drug law is read first and the new psychoactive substances law reaches only what the drug law does not. Group 3 of Anlage 1 is the benzodiazepines, and it is defined by scaffold rather than by name: it covers 1,4- and 1,5-benzodiazepines and their triazolo and imidazolo derivatives, certain specially substituted subgroups of those benzodiazepines, and certain open-chain benzodiazepine prodrugs, with a maximum molecular mass of 600 u in each case. A member in Anlage III of the Betäubungsmittelgesetz carries § 29(1), imprisonment of up to five years or a fine, and that provision reaches simple possession at number 3. Where the Neue-psychoaktive-Stoffe-Gesetz does apply, § 3(1) prohibits trading, putting into circulation, manufacture, import, export, acquisition and possession. The criminal provision is narrower than the prohibition. § 4(1) punishes only trading, putting into circulation, administering to another, and manufacture or import for the purpose of putting into circulation, with imprisonment of up to three years or a fine, and § 4(3) raises that to one to ten years for commercial or gang conduct or for supply by a person over 21 to a person under 18. Acquisition and simple possession are prohibited by § 3 and are not among the acts § 4 makes punishable. So two members of the same class can carry different consequences, and which act applies has to be settled for the individual compound before either penalty is quoted.

If prescribed or medical

Anlage III is prescribable. A prescribed benzodiazepine medicine carried with its prescription is lawful. A designer benzodiazepine has no authorised medicinal form and no prescription route.

Documentation

For a prescribed controlled medicine on Schengen travel, carry a Schengen certificate issued under article 75 of the Convention implementing the Schengen Agreement, together with the original packaging and the prescription.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Germany’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.