5-MeO-DiBF

5-MeO-DiBF falls within Anlage 1 Nr. 1 of the Neue-psychoaktive-Stoffe-Gesetz as a 2-phenethylamine derivative covered by its generic structural definition, in force since 26 November 2016. Section 3 prohibits trade, placing on the market, manufacture, import, export, transit, acquisition, possession, and administration to another person, subject to recognized commercial, industrial, scientific, and specified official-use exceptions and statutory product exclusions. Under section 4(1), trade, placing on the market, administration, and manufacture or import into Germany for the purpose of placing on the market are punishable by imprisonment for up to three years or a fine; simple acquisition and possession are prohibited but are not standalone criminal offences.

5-MeO-DiBF is expressly listed by name and systematic chemical identity as item 214 of Annex 6, Verzeichnis e of the BetmVV-EDI, effective since 1 December 2016 at 10:00. Verzeichnis e substances are subject to the control measures applicable to Verzeichnis a narcotics. Under Articles 7 and 20 of the BetmG, cultivation, manufacture, import, export, storage, use, or placing on the market without authorization from the Federal Department of Home Affairs is punishable by up to three years' imprisonment or a monetary penalty.

5-MeO-DiBF is covered as a psychoactive substance under the Psychoactive Substances Act 2016, which took effect on 26 May 2016. Subject to the Act's knowledge, suspicion, recklessness, intended-consumption and likely-consumption requirements, as applicable, and its statutory exceptions, the Act prohibits production, supply, offers to supply, possession with intent to supply, import and export for psychoactive consumption. Ordinary personal possession outside a custodial institution is not an offence under this Act, but possession for psychoactive consumption in a custodial institution is prohibited.