Ban of 1S-LSD, EtMC & NB-DMT: All About the New Legal Situation

The attempt to ban research chemicals with the help of the NpSG has resulted in a real cat-and-mouse game: chemists are constantly developing new modifications and prodrugs of known and already banned substances, making legal research possible again. In response, amendments to the NpSG are regularly published, banning further substance classes and derivatives: This is exactly what will affect NB-DMT, 1S-LSD, and EtMC. A ban is considered very likely in September or October at the latest. The exact date of entry into force will become clear after the Federal Council's agenda is finally set.

The Narcotics Act (BtMG) is one of the most important drug laws in Germany. It regulates the handling of narcotics – including their production, trade, prescription, possession, and consumption.

The BtMG determines which specific substances in Germany are considered narcotics. These include classic illegal drugs such as heroin, LSD, or ecstasy (MDMA), but also certain medications like Ritalin or benzodiazepines, which can be addictive.

The BtMG primarily aims to achieve two things:

• Health protection: It aims to prevent people from harming themselves through uncontrolled drug consumption.
  
  
• Abuse prevention: It aims to ensure that narcotics are used only for medical or scientific purposes.
  
  

In this way, illegal drug trafficking and substance abuse are to be curbed, while at the same time enabling proper use, for example in medicine and research.

The "New Psychoactive Substances Act" (NpSG), introduced in Germany in 2016, is a supplementary law to the BtMG and aims to regulate the handling of so-called Legal Highs or Research Chemicals, which until then were in a legal gray area. This is primarily intended to protect minors from NPS (new psychoactive substances).

While the Narcotics Act (BtMG) prohibits specific substances such as LSD, MDMA, or psilocybin, the NpSG operates on a different principle: it prohibits entire substance groups (e.g., synthetic cannabinoids or phenethylamines) at once. This is intended to prevent newly developed variants of designer drugs from being immediately sold as "legal" again.

In this regard:

• Production, trade, administration, and distribution of substances covered by the NpSG are punishable.
  
  

• Possession for personal use is not prosecuted in Germany but can lead to police measures.
  
  

• Import and distribution are prohibited – whether online or offline.

The NpSG prohibits the trade and sale of substances it covers. This means that from the effective date of the new NpSG annex, researchers will no longer be able to purchase 1S-LSD, NB-DMT, or EtMC, as shops will then be prohibited from reselling them. The import of these substances for personal use, for example from foreign online shops, will also be punishable from then on.

The good news: Even after the ban on these substances, their possession is not punishable, so responsible research projects with these research chemicals can still be carried out without legal repercussions. It is important to note that passing them on, for example to fellow researchers, is no longer permitted.

Possession for personal use is not punishable under the NpSG – unlike under the BtMG. However, the police and public prosecutor's office can confiscate substances covered by the NpSG, and further consequences may follow (e.g., issues with the driving license authority).

• https://www.rgra.de/legal-highs-strafbar-und-verboten/

• https://www.bundesgesundheitsministerium.de/service/gesetze-und-verordnungen/detail/gesetz-zur-bekaempfung-der-verbreitung-neuer-psychoaktiver-stoffe-npsg.html

• https://www.gesetze-im-internet.de/npsg/