In brief
As of 2026, the European Union has no harmonised regulation of kratom. Member States have chosen three basic approaches: a complete ban, a novel-food regime (regulation as a new type of food), and no specific regulation. The Czech regime of psychomodulatory substances (PML) is a distinct model in the European context.
Countries with a complete ban
The Member States that have classified kratom as a controlled substance and in practice banned its possession and distribution include:
- Poland - since 2009 Mitragyna speciosa has been on the list of controlled substances under the Polish anti-drug prevention act; possession and sale are punishable.
- Lithuania - classified as a psychotropic substance since 2008.
- Latvia - similarly since 2009.
- Denmark - kratom is regulated as a medicinal product by the Danish Medicines Agency; free sale is not permitted.
- Sweden - mitragynine has been classified as a controlled substance since 2011.
- Finland - kratom is regulated under the Finnish narcotics act.
Countries with novel-food regulation
The European Commission maintains a novel food register - foods that were not significantly consumed in the EU before 1997. Kratom is listed in this register as a plant whose use as a food requires separate approval under EU Regulation 2015/2283.
Some states have moved to apply this framework in practice:
- Belgium - kratom is regulated as novel food, and distribution without authorisation is sanctioned.
- Italy - similarly, but with less consistent enforcement.
- Ireland - uses the novel-food framework together with national regulation.
Countries without specific regulation
In some Member States, as of 2026, kratom has no separate regulation and is traded under general consumer legislation:
- Germany - kratom is not on the list of controlled substances (BtMG). Distribution takes place under general regulation; individual federal states may apply local restrictions.
- Netherlands - kratom is not a controlled substance under the Opiumwet; it is traded in specialised shops.
- Austria - kratom is not on the NPSG lists; general consumer regulation applies.
- Slovakia - as of 2026 kratom is not separately regulated; however, the situation is being prepared for legislative discussion along the lines of the Czech model.
The position of the EU Commission
The European Commission has not yet adopted harmonising legislation specifically for kratom. EFSA (the European Food Safety Authority) issued a statement in 2023 recommending caution in handling kratom within the food chain and pointing to a lack of data for a full risk assessment.
The European Monitoring Centre for Drugs (EMCDDA, from 2024 EUDA) has included kratom in its New Psychoactive Substances (NPS) monitoring system and issues regular reports on its presence on the European market.
The Czech PML regime in the European context
The Czech regime of psychomodulatory substances (PML) is, in the European context, a distinct model that stands between a complete ban and the general consumer market. Among European neighbours it is closest to the Polish approach (ban) and the German one (no specific regulation) - the Czech Republic chooses a middle path with a licensing regime.
Frequently asked questions
Can I bring kratom from the Netherlands into the Czech Republic?
From the standpoint of Dutch law, export is free. From the standpoint of Czech law, the import of kratom from 1 January 2026 is subject to a notification obligation under the PML regime; private import without a licence does not comply with the law.
What does novel-food status mean?
It is an EU regulatory regime under Regulation 2015/2283 that applies to foods without a significant history of consumption in the EU before 1997. Placing such a food on the market requires separate approval by the European Commission.
Is the EU planning uniform regulation?
A discussion on harmonisation is under way at the level of EUDA and EFSA, but as of 2026 no binding legislative proposal has been submitted. Changes are possible in the 2027-2030 horizon.
Does kratom's status differ in Slovakia?
As of 2026, yes. Slovakia has no specific regulation for kratom but is preparing a similar amendment with regard to the Czech model.
References
- EFSA Scientific Committee (2023). Statement on the safety of Mitragyna speciosa products in food. EFSA Journal, 21(5).
- Veltri C., Grundmann O. (2019). Current perspectives on the impact of Kratom use. Substance Abuse and Rehabilitation, 10, 23-31.
- Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods.
