Is Snus legal in Germany? Are private possession and use of tobacco-containing Snus allowed? What about nicotine pouches? This article systematically addresses these questions, offering clear explanations of restrictions and permitted uses. Gain a thorough understanding of what is and isn’t legal in Germany.

Snus in Germany – Legal Status

The legal situation for tobacco-containing Snus in Germany is clear regarding its sale. This is governed by the European Tobacco Products Directive (TPD) 2014/40/EU, implemented into German law in 2016 via the Tobacco Products Act (TabakerzG) and the Tobacco Products Ordinance (TabakerzV).

Prohibition on the Sale of Oral Tobacco

Under the TPD, Snus is categorized as “tobacco for oral use,” and its sale is prohibited in all EU Member States except Sweden. German law (§11 of the TabakerzG) aligns with this directive, making the sale of tobacco-containing Snus illegal domestically or via cross-border sales targeting the German market.

Chewing Tobacco as an Exception

The TPD explicitly excludes chewing tobacco from the “tobacco for oral use” category, allowing its sale in Germany. Despite this, the Bavarian Administrative Court ruled in 2019 that “chewing bags” qualify as Snus, thus prohibiting their sale. This ruling was upheld by the Federal Administrative Court in 2020.

Possession and Use of Snus

Although selling Snus is prohibited, possession and consumption are not explicitly banned.

• Possession: Laws regulating Snus focus on manufacture, presentation, and sale, leaving private possession legal as long as the product is for personal use and not for distribution. Large quantities could indicate intent to distribute, leading to legal scrutiny.
• Acquisition: Since selling Snus in Germany is illegal, importing it from abroad, including online purchases, is also prohibited. Small quantities purchased during travel to Sweden for personal use may be tolerated but could be confiscated by customs.

Consuming Snus in Germany is not directly restricted by law. However, since possession is required for consumption, the same considerations regarding distribution apply. Nicotine pouches, which are tobacco-free alternatives to Snus, are not regulated under the TPD or German tobacco laws.

• Local Restrictions: In some regions, their sale is restricted.
• Online Purchases: These restrictions do not extend to online purchases from foreign retailers, allowing German consumers to buy nicotine pouches legally.
• Sellers: Selling tobacco-containing Snus in Germany is illegal. Selling nicotine pouches is regionally restricted but not banned nationwide.
• Buyers: Purchasing Snus within Germany implicates the seller, not the buyer, unless there is evidence of intent to distribute.

While selling tobacco-containing Snus is prohibited in Germany, private possession and consumption are allowed under certain conditions. Nicotine pouches occupy a legal grey area, with regional sales restrictions and fewer barriers for online purchases from abroad.