Status: April 2026. The New Psychoactive Substances Act (Neue-psychoaktive-Stoffe-Gesetz, NpSG) is the central German law that determines the legality of LSD derivatives. It does not work with individual substance bans like the Narcotics Act but with substance group definitions — a fundamental difference that has fundamentally changed the playing field for research chemicals in Germany. Here you'll learn how it works, what it means for you, and why it grows faster than mushrooms in autumn.

The New Psychoactive Substances Act took effect on November 26, 2016. It was created in response to the so-called "legal high phenomenon" — the increasing spread of synthetic substances chemically modified to fall outside the existing Narcotics Act (Betaeubungsmittelgesetz, BtMG).

Before the NpSG, the situation for legislators was frustrating: the BtMG could only ban individual substances. Each new chemical variant had to be individually added to the BtMG schedules — a process that took months to years. During this time, the substance was technically not prohibited. No sooner was one substance scheduled than the next variant appeared.

The NpSG was designed to solve this problem. Thoroughly.

The heart of the NpSG is the annex to the law, which defines chemical substance groups. As of April 2026, the annex covers the following substance groups:

The NpSG Substance Groups at a Glance

1. Compounds derived from 2-phenethylamine — captures synthetic cathinones, NBOMe compounds, among others
2. Cannabimimetics / synthetic cannabinoids — captures synthetic THC analogs
3. Benzodiazepines — added with the 2024 amendment
4. Compounds derived from tryptamine — captures certain DMT analogs
5. Compounds derived from arylcyclohexylamine — captures ketamine analogs
6. Compounds derived from lysergic acid (lysergamides) — THIS is the group that affects LSD derivatives

Each substance group is described through a structural definition: a chemical backbone plus permitted variations at certain positions. A substance falls under the NpSG if its structure is captured by the definition — regardless of whether it is known by name or not.

According to the Federal Ministry of Health (2024), the NpSG in its current version theoretically captures over 3,200 chemical compounds — most of which have never been synthesized.

The substance group relevant to LSD derivatives defines a lysergamide base structure with certain permitted substitutions. In simplified terms:

The Structural Definition States:

Prohibited are substances that:

• Possess the ergoline backbone (the four connected rings of LSD)
• Carry an amide function at position 8 (as in LSD: diethylamide)
• Carry certain acyl residues at position 1 of the indole nitrogen

The decisive question with each new derivative is: does the specific side chain at position 1 fall under the definition of permitted variations — or not?

How Chemistry Responds:

Let's look at the typical process when a new derivative appears:

Phase 1: Appearance A new derivative is synthesized by a laboratory and offered on the research chemicals market. The side chain is chosen so that it does not fall under the current NpSG definition at the time of appearance.

Phase 2: Analysis The authorities — particularly the Federal Office for Chemicals and the Federal Criminal Police Office (BKA) — analyze the substance. In 2024, the BKA maintained a team of 14 chemists exclusively responsible for analyzing new psychoactive substances.

Phase 3: Assessment It is examined whether the substance falls under the existing NpSG definition. If not, an adjustment of the substance group definition is considered.

Phase 4: Amendment The federal government issues an amendment to the NpSG annex via statutory order (no parliamentary approval required!). This process typically takes 12–24 months.

Phase 5: New Derivative A new derivative appears that circumvents the adjusted definition. The cycle begins anew.

Between 2016 and 2026, the NpSG has undergone four major amendments. The average time between the appearance of a lysergamide derivative and its regulatory capture is approximately 2.5 years.

The DACH countries pursue different approaches:

Germany (NpSG)

• Approach: Substance group ban
• Criminal liability: Trade and distribution are punishable (up to 3 years imprisonment). Acquisition and possession for personal use are NOT punishable (as of April 2026)
• Updates: Via statutory order (fast, without parliament)

Austria (NPSG-AT)

• Approach: Similar substance group model to Germany
• Criminal liability: Similar to the German model
• Distinction: Somewhat different substance group definitions

Switzerland (BetmG + NpS Ordinance)

• Approach: Hybrid system of individual substance bans and substance groups
• Criminal liability: Possession can also be punishable
• Distinction: Faster update cycle

[LINK: Details on Austria and Switzerland → #14 (AT/CH)]

Let's be precise, because there is a lot of confusion here:

What the NpSG Prohibits:

• Trade in NpSG-captured substances (commercial or private)
• Distribution (even free of charge) to other persons
• Placing on the market — i.e., offering, providing, or distributing
• Manufacturing for the purpose of placing on the market

What the NpSG Does NOT Prohibit (as of April 2026):

• Acquisition for personal use
• Possession for personal use
• Use (which is generally not punishable in Germany — under neither BtMG nor NpSG)

CAUTION: The fact that something is not punishable does not mean there are no consequences. The substance can be confiscated, and there may be administrative consequences (e.g., mandatory medical-psychological examination after participating in road traffic).

According to BKA statistics (2024), a total of 892 investigation proceedings related to the NpSG were initiated in 2023 — of which 67% concerned synthetic cannabinoids and only 8% lysergamides.

The NpSG is not without controversy. Criticism comes from various directions:

From a Legal Perspective:

• Certainty problem: The substance group definitions are so abstract that even chemists cannot always clearly determine whether a substance is captured. The principle of legal certainty (Art. 103 Para. 2 German Basic Law) requires that a law clearly indicates what is prohibited.
• Overbreadth: The NpSG theoretically captures thousands of substances that have never been synthesized and have no psychoactive potential whatsoever — simply because their structure falls under the definition.

From a Scientific Perspective:

• Research obstacle: The NpSG impedes research into potentially therapeutically valuable substances
• Innovation brake: Instead of regulating research, it drives it to less regulated countries

From a Health Policy Perspective:

• Questionable effectiveness: Despite the NpSG, the availability of new substances has barely decreased — they just change more quickly
• Risk displacement: Constantly changing substances make education about risks and dosages more difficult

Professor Berndt Georg Thamm, a narcotics expert and consultant, commented in the Sueddeutsche Zeitung (2023): "The NpSG is like a net with constantly changing mesh — it always catches something, but never everything, and the fish keep getting more exotic."

Can I be prosecuted for possessing an NpSG substance?

As of April 2026: No, possession for personal use is not punishable under the NpSG. However: the substance can be confiscated, and if there is simultaneous suspicion of trade (e.g., larger quantities), an investigation can be initiated. The boundary between "personal use" and "trade" is not legally defined and lies at the discretion of the investigating authorities.

What about personal use — is there a "small quantity" threshold?

Unlike the BtMG, the NpSG has no "small quantity" regulation. There is therefore no legally defined threshold below which prosecution is waived. In practice, prosecutors orient themselves by reference values from the BtMG, but this is no guarantee.

Does the NpSG also apply to online orders from abroad?

Yes. The NpSG applies to all actions on German territory. If you order an NpSG-captured substance from abroad and customs discovers it, it will be confiscated. However: since acquisition for personal use is not punishable, criminal proceedings typically do not follow — though you will lose the substance.

According to the Customs Criminal Office (2024), around 14,500 shipments containing new psychoactive substances were seized at German borders in 2023 — an increase of 23% over the previous year.

How do I find out whether a specific substance currently falls under the NpSG?

That is the million-euro question — and unfortunately not always easy to answer. The most reliable sources are:

1. The legal text itself (published on gesetze-im-internet.de)
2. The BfArM substance list (Federal Institute for Drugs and Medical Devices)
3. Expert opinions (expensive, but binding)
4. Lawyers specializing in BtMG/NpSG

[LINK: The Complete History of Derivatives in the Context of the NpSG → #26 (History)] [LINK: Current Legality in Germany 2026 → #12 (Germany 2026)]

Where is the NpSG heading? Experts see several possible scenarios:

Scenario 1: Ever Broader Definitions The substance groups are defined so broadly that virtually every conceivable modification is captured. Problem: overbreadth and certainty issues increase.

Scenario 2: Regulation Instead of Prohibition A paradigm shift toward controlled distribution, similar to the cannabis model. Unlikely for lysergamides in the foreseeable future, but present in academic discussion.

Scenario 3: Harmonization at EU Level The EU drugs agency (EMCDDA) is working on EU-wide standards. Harmonization would eliminate national differences but is expected to take years.

The Federal Ministry of Health has announced a comprehensive evaluation of the NpSG for 2027 — the first since its enactment. The results could set the direction for the next ten years.

1. The NpSG prohibits substance groups, not individual substances
2. It covers trade and distribution — not possession for personal use
3. Whether a derivative is captured depends on the exact side chain
4. The law is regularly updated (typically every 1–2 years)
5. When uncertain: consult a lawyer, not Google

The NpSG is not a static law — it is a living organism that reacts to every chemical innovation. Anyone working with research chemicals must know, understand, and monitor the evolution of this law. Not because we need to be lawyers, but because informed researchers are better researchers.