Punishment for Importing Psychoactive Substance from the USA

15 posts in this topic

Hello,  

 

I have unfortunate incident that happened recently to me and i would appreciate it a lot if i can get some of your feedback on it. 

 

5 months ago i have ordered a product called “Phenibut” from the US which is considered as a Dietary Supplement and used as a sleeping aid. The product was stopped by German Customs and since then i have contacted them several times but always i get a reply from them saying that they don’t know the nature of this product, therefore, they need to conduct some tests to see if it is allowed to enter the country. 

 

Recently, i have not heard anything from them so i decided to call and ask and to my surprise they said that they finished testing the product and they found out that it is illegal to import it because it has a component in it that falls under the new drug law (NPSG - Neue-psychoaktive-Stoffe-Gesetz) that was initiated on the 21.November 2016. Link to the new regulation (https://www.gesetze-im-internet.de/npsg/NpSG.pdf). 

 

Then custom employee said that they sent my documents to the “Staatsanwaltschaft” and i should be expecting some kind of “Strafe”. The thing is this product could be purchased also here in Germany because a lot of online German shops like Ebay.de and other bodybuilding sites do sell it as a Dietary Supplement but they didn’t take what i said into consideration.

 

I got so worried and asked them what will the "Strafe" be, but they told me i should contact the "Staatsanwalt" if i want to know. So i drove to the “Staatsanwalts” in my city and told them the whole story and asked what could be the “Strafe” for this? However, they said they still didn’t receive my case therefore, they can’t conclude anything unless my documents arrives to them and then they will send me a letter by post. 

 

Bearing in mind that the quantity of the product that i purchased is very small (only two bottles that costs 32€) and the product is available here and i have no previous history of any crime whatsoever in Germany, not even a parking ticket and my status here as an EU blue card holder and i didn't know it was illegal to import it and it was meant only for personal use. So with that in mind, what kind of punishment am i looking at here?  

 

1. A fine? If so, why wouldn't customs fine me themselves but instead they sent my documents to the "Staatsanwalt"?

 

2. Could it get to imprisonment? if so, should i be looking for a lawyer from now 

 

 

Thanks a lot guys for your help !!

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19 minutes ago, seeka said:

 

1. A fine? If so, why wouldn't customs fine me themselves but instead they sent my documents to the "Staatsanwalt"?

 

Because the offence is presumed to fall within the scope of a criminal offence and the public prosecutor's office is investigating it. In Germany, crimes are not punishable by the police or the customs. 

 

19 minutes ago, seeka said:

 

2. Could it get to imprisonment?

 

No, a fine at best. 

 

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Nothing will happen . In my case i ordered some vitamins (nothing psychoactive , A , B C , K , D , etc) and they slapped  me with a 300 euro fine since they were from USA . Also USA vitamin import is not allowed ... (outside EU)

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If you are going to be importing vitamin supplements from abroad then make sure they are from an EU country. I had a similar problem with buying NAC (liver supplement) from a UK site however it was sent from Gibraltar, which apparently has different rules than the rest of the EU. It was stopped by the Customs and I received a letter asking me to go to the Customs place to collect the parcel. When I got there they advised me the package had been seized as they generally stop any packages that contain tablets from outside the EU. They opened the parcel and weren't aware of what NAC was so had to check it. I was told that if the product was permitted to be imported then they would forward it on to me. If not then they would send me a letter and destroy the product. If the product was over a certain amount (around 25 euros or so) then there would also be a fine.

 

It turns out that NAC can't be imported so it was destroyed but I didn't receive a fine as it only cost 15 euros or so. Ironically NAC can be bought here in Germany so it's just importing it from outside the EU that was the problem. Phenibut looks to be the same as you can buy this from amazon.de 

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Hey Seeka,

I'm currently in a similar situation. May I ask how it turned out for you? And which amount did you order?

Cheers! 

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38 minutes ago, LW said:

Hey Seeka,

I'm currently in a similar situation. May I ask how it turned out for you? And which amount did you order?

Cheers! 

 

If you hover over the uses profile you can see when they were last online.  For @seeka this shows 24th September, so I guess that there is a good chance they won't see this post.

 

Maybe they are in jail already!! :) 

 

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5 hours ago, LW said:

Hey Seeka,

I'm currently in a similar situation. May I ask how it turned out for you? And which amount did you order?

Cheers! 

 

Hello LW, 

 

Well I almost forgot about this incident. To this day i have not received anything from "Staatsanwalt amt", my guess is that it is either i wont receive anything from them because it is a minor thing or i will be fined a small amount in the future. This delay could be explained by the fact that it is a minor incident and that they have more important stuff to do. 

 

I have ordered 2 bottles and each is 100Gram so 200Gram total. 

 

In conclusion, relax man and nothing will happen :) Learn only from this experience to not order anything from outside the EU. This is my lesson learned. 

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Might be a good idea to check that the tablets/drinks etc are allowed in Germany before ordering!   What is advertised as Power/Energy- may contain anabolic steroids opiates etc.    Also, what is available here in EU, may not be allowed from non-EU countries.

Google is your friend.

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REMINDER: Supplements are a very gray area. They are not medicine, so they don´t have to prove efficacy and they are not subjected to tests like normal medicine. If you fall into the (now normal) trap of "supplements", you have only yourself to blame.

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2 hours ago, seeka said:

 

Hello LW, 

 

Well I almost forgot about this incident. To this day i have not received anything from "Staatsanwalt amt", my guess is that it is either i wont receive anything from them because it is a minor thing or i will be fined a small amount in the future. This delay could be explained by the fact that it is a minor incident and that they have more important stuff to do. 

 

I have ordered 2 bottles and each is 100Gram so 200Gram total. 

 

In conclusion, relax man and nothing will happen :) Learn only from this experience to not order anything from outside the EU. This is my lesson learned. 

Wow, that's good to hear! Cheers man!

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On 1/9/2019, 4:19:20, RedMidge said:

Might be a good idea to check that the tablets/drinks etc are allowed in Germany before ordering!   What is advertised as Power/Energy- may contain anabolic steroids opiates etc.    Also, what is available here in EU, may not be allowed from non-EU countries.

Google is your friend.

 

Its not about the content. Its about if its ordered outside EU ! Even normal vitamins are banned to be bought from the US for example !!!

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Bad luck.  I have ordered multi-vitamins several times from the US.  A couple times they were stopped at customs but they released them to me at the customs office (Hanau) without further charge.

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