Kratom is not a controlled drug in Spain. Neither the plant nor its alkaloids appear in the annex of psychotropic substances that Spanish law controls, and Spain is not among the countries the EU Drugs Agency reports as controlling it.
That is not the same as saying it may be sold. Selling kratom for people to eat or drink is unlawful in Spain for a different reason, one that has nothing to do with drug law and applies across the European Union.
What we checked
Spain controls psychotropic substances through Royal Decree 2829/1977, whose annex lists the substances subject to control. We read the consolidated text of that decree, annex included, as published by the state gazette.
We checked that the annexes had actually loaded before drawing anything from their silence. Mephedrone, MDPV, etizolam and cathinone are all present in the text we read, which tells us we were looking at the substance lists, and at a version recent enough to carry the modern additions, rather than at a stub. Neither Mitragyna speciosa, nor mitragynine, nor 7-hydroxymitragynine is in either annex.
What we did not check, and why it probably does not change the answer
Spanish narcotics are defined by Law 17/1967, which works by reference to schedules I and II of the 1961 United Nations Single Convention and reserves a national power to add more. Kratom is in neither. We checked the Convention schedules through the International Narcotics Control Board’s own published lists, which carry no entry for it, and the Spanish law’s consolidated text, which carries none either.
Spain has no blanket ban on psychoactive substances of the kind Ireland’s 2010 Act creates. Portugal is not a comparison to draw here: its regime is list-based, and kratom is on the list.
What Spain does have, and what a reader should know about, is the Criminal Code. Article 359 punishes anyone who, without due authorisation, prepares substances harmful to health or trades in them, with six months to three years in prison. It does not depend on any schedule. Article 361 does something similar for unauthorised medicines. Neither is a psychoactive-substances ban and we found no Spanish judgment applying either to kratom, so we are not telling you that they do apply. We are telling you that the sentence “no catch-all exists” is not one this page can make.
The bar that actually applies
Kratom has no authorisation as a novel food in the European Union, so selling it as a food for human consumption is unlawful in Spain as it is in every member state. We set out how that regime works on our European Union page.
Kratom is also not authorised as a medicine in Spain. We checked the Spanish medicines agency’s own register of authorised products, which returns nothing for kratom, mitragynine or mitragynina. So it cannot lawfully be sold with any claim to treat, prevent or relieve anything.
What this means in practice
Possessing kratom in Spain is not a drug offence, because it is not a controlled drug.
Buying it is not a drug offence either, and importing it from another EU country does not run into the narcotics regime.
Selling it for human consumption is unlawful under food law, and a seller who makes a health claim about it has a second problem under medicines law.
None of that makes kratom safe, and this page is not a recommendation. It is a description of which rules apply.
How current this is
Spain updates its controlled substance lists by ministerial order, and the medicines agency publishes those orders as they are made. This page rests on the consolidated text of Royal Decree 2829/1977 as published by the state gazette and read on the verification date at the top.
A national listing could be added at any time, and it would be added by an order amending that annex rather than by a change in the statute. If one has been, and you can point us to it, write to editorial@wikikratom.com and we will update the page and credit the correction.