3-FEA

Austria's NPSG regime controls 3-FEA, but it does not impose an unqualified production-and-sale ban. NPSV § 1(1)-(2) defines covered New Psychoactive Substances to include all substances covered by the chemical definitions in Anlage II. Anlage II Z 2 covers every compound derivable from a phenethylamine base, including compounds bearing one or more of the chemical structures listed in § 1(2); 3-FEA (3-fluoroethamphetamine / N-ethyl-3-fluoroamphetamine) has a phenethylamine/amphetamine core, ring fluorine and N-ethyl substitution as the relevant structural features. NPSG § 2 applies unless the substance may lawfully be marketed under medicines, pharmacy or medicinal-import rules and excludes substances subject to the Suchtmittelgesetz. The current RIS Suchtgiftverordnung Annex IV (effective 11 July 2026) expressly lists Amphetamin and 4-Fluoroamphetamin (4-FA), but not 3-FEA; its generic isomer/ester/ether/salt clauses may apply depending on the exact material and salt. For ordinary 3-FEA, the generic NPSV rule is the applicable designation rather than an SMG schedule listing. NPSG § 4(1) makes it a criminal offence, with up to two years' imprisonment, to produce, import, export, transfer or provide a covered NPS with intent to obtain an advantage and with the further intent that another person or a third person use it for a psychoactive effect in the human body. Section 4(2) raises the penalty to one to ten years if the offence causes death or serious bodily injury to a larger number of people. Section 5 allows confiscation even where no person can be prosecuted or convicted, unless the person entitled to dispose of it credibly shows a lawful use and guarantees it will not be used for a psychoactive effect. Section 4 does not state a standalone offence for simple possession; § 5(2)'s rule treating NPS as an object whose possession is generally prohibited is procedural for confiscation, not a separate possession penalty. Thus 'prohibited' describes the covered NPS conduct and non-free circulation, not an unqualified claim that every possession or personal-use act carries the § 4 penalty. Exact chemical identity, formulation and any medicinal authorization remain fact-sensitive.

The consolidated CDSA is current to 21 June 2026 (last amended 5 June 2026). It does not name 3-FEA separately, but item 19 expressly covers amphetamines and their derivatives and analogues, including N-ethylamphetamine. The chemical identity is N-ethyl-1-(3-fluorophenyl)propan-2-amine: a 3-fluoro ring substitution of N-ethylamphetamine, retaining the alpha-methylphenethylamine and N-ethylamine framework. That direct structural relationship places ordinary 3-FEA within the item 19 derivative/analogue class; salts and other forms are covered by the statutory wording where applicable. Under CDSA section 4(1), unauthorized possession of a Schedule I substance is prohibited; section 4(3) provides an indictable maximum of seven years, or summary-conviction maximums of $1,000/6 months for a first offence and $2,000/1 year for a subsequent offence. Trafficking or possession for trafficking under section 5(1)-(3), importing/exporting under section 6(1)-(3), and production under section 7(1)-(2) are prohibited unless authorized and each carries a Schedule I indictable maximum of life imprisonment. The operative regulatory framework is Food and Drug Regulations Part J: J.01.001 defines a restricted drug as a controlled substance set out in that Part's schedule; Part J Schedule Part I item 1 repeats the amphetamine derivative/analogue class. J.01.015 provides dealer-licence authorization, and J.01.059 requires prior written Minister authorization for a licensed dealer's sale to an institution and qualified investigators' possession for clinical testing or laboratory research. There is no ordinary consumer or general retail authorization in these provisions. The new Controlled Substances Regulations (SOR/2025-242), published 17 December 2025, replace the current controlled-substance regulations on 1 October 2026; the future text is not in force and does not apply on 28 August 2026.

Section 2(1) defines a controlled drug analogue as a substance having a structure substantially similar to that of any controlled drug, including substances specified or described in Part 7 of Schedule 3, subject to statutory exclusions for substances in Schedules 1 or 2 or Parts 1 to 6 of Schedule 3, pharmacy-only/prescription/restricted medicines, approved Psychoactive Substances Act products, and non-psychoactive THC analogues. Part 7 covers amphetamine analogues whose 1-amino-2-phenylethane nucleus carries specified nitrogen, side-chain, and benzene-ring radicals; 3-FEA's N-ethyl, alpha-methyl, and meta-fluoro substitutions fit that text. For ordinary Class C possession or use, New Zealand Police gives a maximum of 3 months' imprisonment and/or a NZ$500 fine. Class C supply or manufacture carries up to 8 years' imprisonment on indictment, or 1 year and/or NZ$1,000 summarily. Section 29C provides a limited possession defence where the defendant proves a non-consumption/non-supply purpose or supply/administration under a Director-General of Health-approved procedure. These are maximum penalties and do not predict sentence; youth jurisdiction, charge, facts, quantity, role, and prior convictions affect outcome. The generic analogue determination assumes a laboratory-confirmed 3-FEA identity and does not assert coverage for an unknown mixture, a different isomer, salt, medicine, or approved product.

The current Fedlex controlled-substance schedule does not require a named 3-FEA entry for this classification: Annex 6 no. 315 generically captures Phenethylamine-derived substances with alkyl substitution at the side chain, halogen substitution on the phenyl ring and alkyl/benzyl substitution on the amino nitrogen, except substances already in Verzeichnisse a, b, d or f. 3-FEA has the corresponding alpha-methylphenethylamine (amphetamine) backbone, a 3-fluoro phenyl substituent and an N-ethyl group, so it is a Verzeichnis e raw material/product with presumed narcotic-like effect. Verzeichnis e substances are subject to the control measures for Verzeichnis a, but are not the separately prohibited Verzeichnis d category. BetmG Art. 7 requires an EDI permit and its conditions for cultivation, manufacture, import/export, storage, use or placing on the market; BetmKV Art. 5(2) assigns the operating permit for Verzeichnis e handling to the EDI and Art. 11(1) requires an operating permit for handling controlled substances. The schedule expressly exempts industrial and scientific use while stating that private use is not exempt. Unauthorised handling of Article 7 materials is punishable under BetmG Art. 20(1)(c) by imprisonment up to three years or a monetary penalty; commercial trade producing large turnover or profit triggers at least one year under Art. 20(2).

On the ordinary chemical identity of 3-FEA (3-fluoroethamphetamine; N-ethyl-1-(3-fluorophenyl)propan-2-amine), the substance is captured by the current generic Class A definition in Schedule 2 Part I paragraph 1(c) of the Misuse of Drugs Act 1971: an N-alkyl-alpha-methylphenethylamine structurally derived by ring substitution with a halide. It is not necessary for 3-FEA to be named separately. The parallel generic category in Schedule 1 paragraph 1(d) of the Misuse of Drugs Regulations 2001 places it in the most restrictive regulatory schedule; the prescription and routine manufacture/supply permissions in the Regulations are for drugs in Schedules 2-5, not Schedule 1. Sections 3(1), 4(1) and 5(1) make import/export, production, supply and possession unlawful subject to statutory exceptions. Schedule 4 of the Act sets the maximum indictable penalties for a Class A drug at life imprisonment (or a fine, or both) for production/supply and 7 years (or a fine, or both) for simple possession; possession with intent to supply carries life imprisonment (or a fine, or both). This is a structural application of the generic definition, so the exact identity, salt/form and analytical evidence must be established in any particular case.

Regulated under the Neue-psychoaktive-Stoffe-Gesetz since November 26, 2016.²⁶ Production, import with intent to distribute, administration to others, and commercial trading are criminal offenses.²⁶ Possession is prohibited but does not carry criminal penalties.

Not explicitly scheduled federally but may be prosecuted under the Federal Analogue Act (21 U.S.C. § 813) as substantially similar to amphetamine.⁴³ This applies only when the substance is intended for human consumption, potentially subjecting it to Schedule II restrictions.

Article 1 classifies only substances and preparations appearing in the annexes. Annex III names amphétamine, étilamfétamine and 4-fluoroamphétamine but contains no 3-FEA, 3-fluoro-N-ethylamphetamine or N-ethyl-1-(3-fluorophenyl)propan-2-amine entry. The Annex IV generic rule is narrower than a general amphetamine-analogue rule: its N-substitution condition is benzyl, which 3-FEA lacks. As of 28 August 2026, 3-FEA is not classified on the narcotics schedule. Article L3421-1 provides penalties for illicit use of a substance classified as a stupéfiant: a maximum of one year's imprisonment and EUR 3,750; the fixed criminal fine is EUR 500 (EUR 400 reduced, EUR 1,000 increased), and specified public-authority or transport roles can raise the maximum to five years and EUR 75,000. These penalties apply only to substances classified as stupéfiants and therefore do not apply to unscheduled 3-FEA.