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Criminal Defense

Captagon in German criminal law: an overview

Captagon, also known as fenetylline, is a psychoactive stimulant originally developed in Germany in the 1960s by the Degussa Pharma Group. Originally used as a medication to treat attention deficit disorder and narcolepsy, Captagon was regulated and eventually banned internationally in the 1980s due to its misuse as an illegal drug.

Today, Captagon is primarily known as a drug that is produced and traded illegally in the Middle East and also poses a challenge to criminal law in Germany.

Chemical properties and mechanism of action

Captagon contains fenetylline, which is metabolized in the body to amphetamine and theophylline. These two substances have a stimulating effect on the central nervous system by increasing the release of neurotransmitters such as dopamine and noradrenaline. These effects lead to increased alertness, euphoria and a heightened sense of energy and performance. Due to these effects, Captagon has been used especially by fighters in conflict zones in the Middle East to increase their physical and mental performance.

Illegal production and distribution

Since being classified as an illicit substance under the UN Convention on Psychotropic Substances in 1986, the production of captagon has shifted heavily into the illicit sector. Syria and Lebanon in particular are considered the main production locations, with criminal networks closely linked to political and military actors such as the Syrian regime. According to the European Monitoring Center for Drugs and Drug Addiction (EMCDDA), Captagon production is a “regime-driven business model” that is used to finance repressive measures.

Legal situation in Germany

According to Annex III of the German Narcotics Act (BtMG), Captagon is a marketable and prescribable narcotic. This means that any possession, trade or production without the appropriate authorization is illegal and punishable by law. Large quantities or organized involvement in particular can result in severe prison sentences, as this is classified as a serious violation of the BtMG.

Captagon: Investigations and prosecution

Germany is primarily involved in the international captagon trade as a transit country. Large quantities of Captagon tablets are smuggled from production facilities in Syria and Lebanon via Germany to Saudi Arabia and other countries on the Arabian Peninsula. According to reports from the Federal Criminal Police Office (BKA), shipments containing Captagon and intended for export are regularly intercepted in Germany. These shipments are often hidden in containers that are imported via German ports such as Hamburg. Investigations show that refugees and migrants from Syria or Lebanon are often involved and act as part of criminal networks.

An example from 2018 shows how a shipment of over one million tablets, hidden in furniture from Syria, was intercepted in Hamburg. The organizer, a Syrian refugee, planned to export the tablets onwards to the destination countries. Such cases illustrate the close links between migration, organized crime and illegal drug trafficking. Incidentally, the largest known Captagon case to date also popped up here in Aachen, more precisely in Würselen.

Captagon without fenetylline

According to current analyses, illegal Captagon, which is confiscated nowadays, usually no longer contains fenetylline. Instead, they are tablets consisting mainly of amphetamine and other psychoactive substances such as caffeine, theophylline or paracetamol. This variability shows that the illegal producers are trying to imitate the effect of the original drug in order to deceive consumers. An analysis by the European Drugs Agency found that Captagon tablets seized in Europe contain an average of 19-20% amphetamine. Caffeine is also often found as an additive to enhance the psychoactive effects.

The role of the European Union

The European Union has imposed sanctions on individuals and organizations involved in the production of Captagon as part of its efforts to combat organized crime and drug trafficking. In April 2023, the EU implemented restrictive measures against several individuals linked to the Assad regime and held responsible for the production and trafficking of Captagon. These measures are part of a comprehensive strategy to combat international drug trafficking and prevent the transit of illegal substances via Europe.

Criminal law challenges and prospects

Captagon trafficking poses a particular challenge for law enforcement authorities in Germany. The networks are internationally interconnected, often operate covertly and use complex logistical structures. In addition, production is increasingly organized on a decentralized basis, with various production steps being carried out in different countries to make detection more difficult. German authorities are therefore working closely with international partners such as Europol and the EMCDDA to dismantle these criminal networks and prevent the trade in Captagon.

The economic and political entanglements reinforce these challenges: the production of and trade in Captagon are deeply entangled in the political and economic structures of the Middle East. A report by the European Drugs Agency shows that Captagon production is a significant source of income for the Syrian regime and allied militias. The captagon trade is described as a “regime-controlled business model” that contributes significantly to financing the Assad regime’s repressive measures. There is also a close connection to Lebanese actors and other criminal organizations in the region. Criminal groups that are also active in Europe are known to be involved in Captagon production in the Middle East, highlighting the transnational nature of this trade.

Tagesschau report on Captagon

In a recent report, Tagesschau shed light on the billion-dollar business with the drug Captagon and showed in detail how Germany is increasingly acting as a hub in the international drug trade. The report makes it clear that Germany is no longer just a transit country for Captagon, but that the drug is now also produced here. An investigation by various ARD teams and the FAZ shows that production facilities such as those in Regensburg are linked to international networks that cooperate closely with Syrian and Lebanese cartels.

Particularly alarming is the statement by the Federal Criminal Police Office (BKA) that only around ten percent of trafficking is known, while the majority takes place in the dark. According to Tagesschau, this could pose a serious problem for Germany and Europe in the future, as more and more drug cartels are relocating their production to Europe in order to operate more independently of Syrian networks.

The report also makes it clear that the profits from the Captagon trade flow massively into the coffers of the Assad regime and Hezbollah, which highlights the geopolitical explosiveness and the impact on regional security. The Tagesschau report underlines the urgent need for increased international cooperation in order to effectively counter this threat.

Captagon in global Context

Geopolitical dimension and state involvement in the captagon trade

In recent years, the production and trade of captagon has not only become a health problem, but also a significant geopolitical problem. In Syria in particular, the captagon trade is closely linked to the Assad regime’s strategies to maintain power. The report by the European Drugs Agency shows that actors close to the government and even ministerial levels are actively involved in production. The trade in Captagon serves as a financial lifeline in the face of international sanctions and the country’s economic isolation. Syrian government representatives use their infrastructure, particularly ports such as Latakia, to smuggle large quantities of Captagon tablets across the Mediterranean to Europe and North Africa.

Logistical support from non-state actors

Hezbollah plays a key role here, providing technical and logistical support for production and smuggling. The Lebanese militia uses its networks and expertise in drug trafficking to secure transportation routes and ensure that the drugs reach markets outside the Middle East. Such cooperation is particularly visible in the Qalamoun Mountains along the Syrian-Lebanese border, with Hezbollah fighters and state-backed militias working closely together to protect and expand the trade.

Relocation of production facilities and new smuggling routes

Another central point of the report is the relocation of captagon production in Syria from smaller, mobile laboratories to large-scale industrial facilities in regime-controlled areas. This change has been accompanied by a shift in transportation routes. While land routes via Turkey and Jordan used to play a greater role, smuggling is increasingly shifting to maritime routes in order to open up Europe and North Africa as new transit and consumption markets. The smugglers’ ability to adapt is reflected in the fact that they are increasingly using containerized freight and official ports such as Tartus and Latakia to expand the drug trade internationally.

Health risks and the chemical variability of captagon

Another problem is the variability in the chemical composition of captagon tablets. Due to limited access to precursor substances, producers are experimenting with different formulas, which leads to a considerable health risk for consumers. For example, toxic substances such as nickel and zinc have been detected in analyses, which can cause serious damage to health. This chemical variability also makes it more difficult to monitor the product and control production.

The use of the captagon trade as an instrument of power

The Assad regime and its allies use the captagon trade not only for financial support, but also to consolidate power structures within the region. The revenue from the drug trade is used to finance militias and other armed groups that support the regime. Captagon is not only used as a source of funding, but also as a recruitment tool. There are indications that soldiers in the Syrian military and members of pro-government militias are being offered Captagon on more favorable terms in order to lure them to the front and boost their morale.

New target markets: Europe and North Africa

While the Gulf remains the main market for Captagon, the report suggests that North Africa and Southern Europe are increasingly serving as transit and potential consumption markets. It is unclear whether these regions are only used as transit points for trafficking to other markets or whether they could establish themselves as new consumption markets. This requires increased monitoring and coordination of law enforcement agencies to combat this trend.


Conclusion

Captagon represents a growing challenge in German criminal law, as the country is used as a transit region for international trafficking in this substance. The prosecution of Captagon cases requires close international cooperation as well as specialized knowledge of the networks and their interconnections. The EU and Germany are relying on sanctions and criminal prosecution to combat the production and trafficking of this drug in the long term and curb its spread in Europe.

Current developments in the Captagon trade show that it is a complex, geopolitically charged phenomenon that extends far beyond the borders of Syria and the Middle East. The close links between trafficking and state and non-state actors, chemical variability and expansion into new markets require a coordinated international response to effectively combat this growing threat.

German Lawyer Jens Ferner (Criminal Defense & IT-Law)