4-HO-EPT

The federal controlled-substances list does not separately name 4-HO-EPT. Under 21 U.S.C. §§ 802(32) and 813, it may be treated as a Schedule I controlled substance analogue to the extent intended for human consumption if it meets the statutory structural and effects or representation requirements and is not within an exclusion. In that circumstance, 21 U.S.C. §§ 841(a)(1) and 844(a) prohibit unauthorized possession, manufacture, distribution, dispensing, and possession with intent to manufacture, distribute, or dispense. This classification concerns federal law and does not determine its status under state, local, territorial, or tribal law.

4-HO-EPT is covered by the generic indole-3-alkylamine definition in Anlage 1 Nr. 5.1 of the Neue-psychoaktive-Stoffe-Gesetz (NpSG), rather than being individually named. This coverage has applied since 18 July 2019. Subject to statutory exemptions for recognized commercial, industrial, scientific, and specified official uses, § 3 prohibits trade, placing on the market, manufacture, import, export, transit, acquisition, possession, and administration to another person. Under § 4(1), trade, placing on the market, or administration to another person, as well as manufacture or movement into Germany for the purpose of placing the substance on the market, is punishable by imprisonment for up to three years or a fine; attempt is also punishable. Acquisition and possession are prohibited but are not themselves ordinary criminal offences under § 4, although the substance may be seized and destroyed.

4-HO-EPT is covered by the generic Tryptamine entry in Verzeichnis e because its N-ethyl, N-propyl, and 4-hydroxy substituents fit the entry's structural definition. Under BetmKV Article 3(2)(e), Verzeichnis e materials and products are subject to the control measures applicable to Verzeichnis a narcotics; industrial and scientific use are exempt from the generic entry, but private use is not. BetmG Article 20(1)(c) makes unauthorized cultivation, manufacture, import, export, storage, use, or placing on the market of Article 7 substances punishable by up to three years' imprisonment or a monetary penalty.

4-HO-EPT falls within the generic structural definition added to Schedule 2 Part I paragraph 1(b) of the Misuse of Drugs Act 1971 by the Misuse of Drugs Act 1971 (Modification) Order 1977 and is therefore a Class A controlled drug. This classification has applied since 20 September 1977. The Act prohibits possession, possession with intent to supply, production, supply, offering to supply, import, and export, subject to its licences, regulations, exceptions, and defences.