Kratom, German Traffic Law (StVO) & the MPU: What Drivers Need to Know - Kratoein

Kratom, Road Traffic Law & MPU: What Drivers Need to Know

This article complements our post on kratom at roadside traffic checks. That piece explains what is tested during a police check; this one covers what comes after: fitness to drive, the MPU and the legal position.

The basis: Section 24a StVG and Section 316 StGB

German road traffic law contains two relevant provisions:

Section 24a StVG (administrative offense): anyone driving under the influence of an intoxicating substance named in the annex to Section 24a commits an administrative offense. The annex lists specific substances – among them THC, amphetamine, morphine and MDMA. Kratom alkaloids are not on that list.

Section 316 StGB (criminal offense: driving while intoxicated): anyone who drives a vehicle although, as a result of alcoholic drinks or other intoxicating substances, they are not in a position to operate the vehicle safely, is committing a criminal offense. The wording matters: "other intoxicating substances" is broad – what counts is not listing, but actual unfitness to drive.

What that means in practice: kratom alkaloids are not listed in Section 24a. That does not automatically mean driving is unproblematic. Where actual unfitness to drive exists – visible in lapses, slowed reactions or coordination problems – Section 316 StGB applies.

The MPU: the medical-psychological assessment

The MPU, colloquially the "idiot test", is feared – with reason. It can be ordered where doubts about a person’s fitness to drive exist. Possible triggers:

  • Conspicuous behavior in road traffic
  • A police finding of substance use in connection with driving
  • Repeated incidents
  • Indications of drug dependence

What matters for kratom: MPU assessors work from medical guidelines. Kratom is not explicitly addressed in those guidelines (as of 2025/2026) – there are no standardized threshold values. That is a double-edged sword: there is no automatic reaction to kratom use, but the assessor has broad discretion where there are indications of misuse or dependence.

What an MPU assesses:

  • Pattern of use – occasional versus regular versus dependent
  • Ability to separate – can the person reliably keep use and driving apart?
  • Personality structure and capacity for self-reflection
  • Current laboratory values (urine, and where applicable hair)

Fitness to drive: the decisive concept

Fitness to drive is not the same thing as "used something once and then drove". It concerns the fundamental ability to operate a vehicle safely – durably and reliably.

With illegal narcotics, case law often applies the principle that regular users may lack fitness to drive – irrespective of whether they were under any influence at the moment of the check. For kratom this question has not yet been conclusively decided by the courts, simply because there is still very little case law on it.

That can change.

What this means for kratom buyers

The legal position for kratom in road traffic is currently as follows:

  • Kratom alkaloids are not listed in Section 24a StVG – no automatic fine on the basis of a blood finding alone
  • Actual unfitness to drive under Section 316 StGB remains possible at any time where impairment is present
  • An MPU can be ordered where there are indications of a drug-related problem – even if the substance is not explicitly listed
  • Laboratory detection is possible where testing specifically targets mitragynine or 7-hydroxymitragynine – standard rapid tests do not capture them

In short: the gap in the statute does not shield against every consequence. Kratom and road traffic together sit in a legal grey area that can darken at any time.

Conclusion

As of 2025/2026, the road traffic position for kratom has not been fully settled by the courts. Kratom alkaloids do not appear in the list of intoxicating substances under Section 24a StVG. But actual unfitness to drive is always punishable – and MPU orders can be issued for substances that are not listed. In legal terms the decisive question is not listing, but whether the driver was fit to drive.

Further reading

Legal notice

This article is for informational purposes only and does not constitute legal advice. Its content is not intended to encourage consumption. Laws may change; the applicable regulations and information from official bodies are authoritative. Image source: https://www.kratoein.com/

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