Importing Prohibited Substances into Germany: Legal Consequences and Defense

The German Medicinal Products Act (AMG) is designed to ensure that medicinal products are of proper quality, effective, and safe. Section 2 AMG defines medicinal products broadly. The definition covers substances intended to cure, alleviate, or prevent human diseases or pathological conditions. It also covers substances used in or on the human body to restore, correct, or influence physiological functions through a pharmacological, immunological, or metabolic effect. If a product could fall under both this definition and another category, such as food, it is treated as a medicinal product. As a result, a product sold as a dietary supplement or sports nutrition product elsewhere can still qualify as a medicinal product in Germany.

The AMG governs the manufacture, authorization, registration, monitoring, dispensing, import, and export of medicinal products. Bringing medicinal products or similar substances into or out of Germany without the required authorization is a breach of the Act. For imports, Section 73 AMG sets strict conditions:

• a product that requires authorization must be authorized for the German market;
• it may generally only be shipped to recipients such as pharmacies and wholesalers, or sent to consumers by an approved mail-order pharmacy in the EU or EEA.

Simply ordering a substance from abroad for delivery to an address in Germany can therefore amount to unauthorized importation.

Importing a medicinal product in breach of these rules is generally an administrative offense (Ordnungswidrigkeit). This is a regulatory violation punished with a fine rather than a criminal conviction. It applies whether the import was intentional or negligent, and Section 97 AMG allows fines of up to €25,000. Private individuals are most often affected when they order products online that are labeled as dietary or fitness supplements but fall within the scope of the AMG. Under Section 98 AMG, the authorities can also confiscate the products concerned.

Section 95 AMG sets out criminal penalties for more serious conduct, such as trading in prescription-only medicines outside a pharmacy or trading in counterfeit medicinal products. These offenses carry up to three years’ imprisonment or a fine, and attempts are also punishable. In particularly serious cases, the penalty is one to ten years’ imprisonment. One example is where the offense endangers the health of a large number of people.

Yes, within limits. Travelers may bring medicinal products into Germany in a quantity that matches their usual personal needs (Section 73(2) No. 6 AMG). Private orders from another EU or European Economic Area (EEA) country are also permitted if three conditions are met:

• the product may lawfully be sold in the country it comes from;
• the quantity matches usual personal needs;
• no commercial intermediary is involved (Section 73(2) No. 6a AMG).

These exceptions have clear limits. They do not cover:

• mail orders from outside the EU and EEA;
• quantities beyond personal needs;
• counterfeit medicinal products, which may not be brought into Germany at all (Section 73(1b) AMG).

Separate rules apply to narcotics. Travelers may bring in narcotic medication that a doctor has prescribed to them as travel supplies without a permit, provided it is listed in Annex III to the Narcotic Drugs Act (Betäubungsmittelgesetz, BtMG) (Section 4 BtMG). Cannabis is different. Under the Cannabis Act (Konsumcannabisgesetz, KCanG), importing it is prohibited, even in amounts that adults may lawfully possess in Germany (Section 2 KCanG). Doping agents are covered by the AntiDopG.

The AntiDopG supplements the AMG and aims to combat the use of doping agents in sport. The annex to the Act lists the substances that count as doping agents. They include anabolic agents such as testosterone and metandienone, as well as all peptide hormones and growth hormones.

Importing these substances can quickly amount to a criminal offense. Section 2(3) AntiDopG prohibits acquiring or possessing doping agents in a “non-small quantity” (nicht geringe Menge) for the purpose of doping in sport, and bringing such quantities into or through Germany. A separate regulation, the Doping Agents Quantities Regulation (Dopingmittel-Mengen-Verordnung, DmMV), sets the threshold for each substance. The thresholds are very low. Under Section 4 AntiDopG, the penalties are:

• for an intentional offense, up to three years’ imprisonment or a fine (attempts are also punishable);
• for a negligent offense, up to one year’s imprisonment or a fine;
• in particularly serious cases, one to ten years’ imprisonment.

These offenses are not limited to competitive athletes. The Federal Court of Justice (Bundesgerichtshof, BGH) has held that “sport” under the AntiDopG includes recreational and fitness training with no competitive element, such as strength training to build muscle (decision of December 5, 2017, 4 StR 389/17). Self-doping itself, meaning using doping agents on yourself, is different. It is only a criminal offense in connection with organized competitions, and only for elite athletes or people who earn significant income from sport.

Which law applies depends on the substance, and the consequences differ considerably. An unauthorized import of a medicinal product is generally sanctioned with a fine. Importing doping agents above the threshold, narcotics, or cannabis is a criminal offense.

Customs (Zoll) inspects parcels sent to Germany from abroad, as well as travelers’ luggage at airports and borders. If customs officers find a product they believe falls under the AMG, the AntiDopG, or narcotics law, they can seize it. They can then open proceedings or pass the case to the public prosecutor’s office (Staatsanwaltschaft).

The first sign of an investigation is often a letter. If you are not familiar with German procedure, it is not always clear what the letter is asking for. It may be:

• a notice from customs that a parcel addressed to you has been seized;
• a hearing letter or questionnaire (Anhörungsbogen) inviting you to comment on the allegation in writing;
• a summons (Vorladung) to an interview with the police, customs investigators, or the public prosecutor.

If the letter names you as the accused (Beschuldigter), you have the right to remain silent and to consult a lawyer at any time, even before any questioning. Apart from your personal details, such as your name, date of birth, and address, you do not have to say anything about the allegation. There is also no obligation to attend an interview with the police or customs investigators, although you must appear if the public prosecutor or a judge summons you. Witnesses are in a different position: if you are summoned as a witness, you may be required to attend. Whichever letter you receive, contact a criminal defense lawyer before responding. Your lawyer can request access to the investigation file (Akteneinsicht) and assess the evidence before advising whether you should say anything at all.

If you do not speak German, you are entitled to an interpreter free of charge throughout criminal proceedings. You are also entitled to written translations of key documents, such as an indictment or a penalty order (Strafbefehl).

Under the German Code of Criminal Procedure (Strafprozessordnung, StPO), law enforcement authorities may search the homes of people suspected of a criminal offense and seize items as evidence. This includes suspected offenses under the AMG and the AntiDopG. As a rule, a judge must issue a search warrant (Durchsuchungsbeschluss), and the authorities must stay within the limits the law sets. Our criminal defense lawyers advise on searches of private homes and business premises and review whether a search and any seizure were lawful.

If your home is searched, stay calm and do not resist. Do not make any statement. Anything you say can later be used against you, including informal remarks to officers during the search. Ask to see the search warrant, watch how the officers carry out the search, and note what they take. Contact a criminal defense lawyer immediately.

If you have received a summons as the accused, or if your home has been searched or property seized, use your right to remain silent. Speak to a criminal defense lawyer before you take any further step.

At Schlun & Elseven Rechtsanwälte, our criminal law practice group knows the AMG and the AntiDopG in detail, and we have many years of experience defending clients in proceedings under both Acts. Our clients include private individuals, medical professionals, pharmacists, and companies in the pharmaceutical sector.

Our aim is to achieve an outcome without a penalty or, where that is not possible, a substantially reduced penalty, and to keep any fines as low as possible. We analyze the investigation file in detail, check for procedural errors, and build a defense strategy around the facts of your case. We represent clients throughout Germany, from the first police interview to the conclusion of the proceedings.

For clients who are not German citizens, criminal proceedings can have consequences beyond the case itself. They can affect a residence permit or an application for naturalization. Where your residence status may be affected, our criminal defense lawyers work with our immigration lawyers to take this into account from the start.

We work remote-first. Whether you live in Germany or abroad, you can instruct us by phone, video call, or email. Anything that can be handled remotely, we handle remotely.

We advise in English, treat every inquiry confidentially, and explain our fees transparently before any work begins. If you have received a letter from customs, a summons, or a search warrant, contact us to have your situation reviewed by a lawyer.