Is Codeine legal in Germany?

Legal status

Codeine is listed in Germany with a printed exception attached, and the exception is the whole of the practical answer. The dossier records the Anlage III row of the Betäubungsmittelgesetz as „- | Codein (3-Methylmorphin) | 4,5α-Epoxy-3-methoxy-17-methylmorphin-7-en-6α-ol“ and then the limb printed immediately beneath it, „ausgenommen in Zubereitungen... bis zu 2,5 vom Hundert oder je abgeteilte Form bis zu 100 mg Codein“, which excepts preparations up to two and a half per cent, or up to 100 mg per divided dosage form. The dossier also disposes of a trap: the operative entry is Codein in Anlage III and not the separate Codein-N-oxid entry in Anlage I, which is a different substance in a different tier. Placement is by BtMG § 1 Abs. 1, and the tier is Anlage III, the marketable and prescribable one.

Consequences if caught

Capital exposure: none. The dossier's penalty column records that no death-penalty regime applies. The provisions are BtMG §§ 29 bis 30a with the ceiling at not less than five years under § 30a Abs. 1 and a determinate sentence capped at fifteen years by StGB § 38 Abs. 2; no ordinary band is recorded and none is stated. The exception is what decides most real cases before any of that is reached: a preparation inside the printed strength and unit limits is outside the narcotics entry altogether, and a preparation above them is inside it, so the concentration and the amount per dosage form are the facts that have to be established rather than the name on the packet.

If prescribed or medical

Dispensed on an ordinary prescription for most products; only a narrow low-dose cough-preparation exception is sold pharmacy-only without a prescription.

Documentation

Foreign OTC codeine combinations are not freely sold in Germany - carry a prescription and original packaging; within Schengen the Article 75 certificate applies for controlled forms.

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.