Drug Laws In Austria: What's Legal And What's Not?

Austria's drug laws are complex, with drug policy and human rights being closely intertwined. While the sale and supply of drugs are punished severely, Austrian law does not refer to the consumption of illicit drugs. Possession and acquisition of small quantities of drugs for personal use are punishable offences, and the penalties depend on the policy of individual federal states. The severity of the punishment also depends on the quantity of drugs involved. In recent years, Austria has seen a push for more progressive drug laws, with the distinction being made between drug users who may have health or addiction problems and the criminals trafficking the drugs.

Cannabis laws in Austria

Austria has complex laws regarding cannabis. While the sale and supply of cannabis are treated as serious offences, personal use is decriminalised, and it is permissible to grow small numbers of cannabis plants. However, Austrian law does not permit the use of cannabis for recreational purposes.

Possession and Use

Since 2016, the use of cannabis has not been listed as a criminal offence in Austria, effectively decriminalising it. However, possession of any drugs, including cannabis, can be punished with up to six months in prison or a fine, as long as the amount is below a certain threshold. This threshold, defined by a Ministry of Health decree, is currently set at 20 grams of THC (pure substance) or 40 grams of THCA. The maximum sentence for possession of amounts exceeding 'personal use' is one year of imprisonment, which can be extended to three years if aggravating circumstances are involved.

Sale and Supply

The sale and supply of cannabis are considered much more serious offences in Austria. Individuals caught trafficking large quantities, defined as 15 times the threshold quantity, face severe penalties. These penalties include a two to three-year prison sentence for possession, five years' imprisonment for import, and one to ten years or even life imprisonment depending on other circumstances, such as gang involvement or previous convictions.

Cultivation

In 2008, the Narcotic Substances Act was amended to permit the cultivation of cannabis for medicinal preparations. The amended law also allows individuals to grow small numbers of cannabis plants at home, as long as they are not grown for extracting THC and contain less than 0.3% THC. This has led to widespread cultivation in Austria, with an estimated 300,000 seedlings sold monthly.

CBD

There is uncertainty regarding CBD laws in Austria. Previously, CBD was legal to purchase and sell as long as THC levels were below 0.3%. However, the government has recently revised this, making it illegal to use CBD in edible products. CBD is still permitted to be sold as an 'aromatherapy product'.

Medicinal Cannabis

Medicinal cannabis is available in Austria but is challenging to obtain. In 2008, a bill was passed permitting cannabis cultivation for medicinal and research purposes. The country allows the supply of Dronabinol, Sativex, and Nabilone to patients with prescriptions from registered medical practitioners. While some experts believe the current medicinal programme is insufficient, the Health Minister, Rudolf Anschober, is open to discussing the use of cannabis flowers for medical treatment.

Drug trafficking penalties

Drug trafficking is dealt with severely in Austria, and a lengthy prison sentence is the usual consequence of conviction. The penalties for drug trafficking in Austria are outlined in the Suchtmittelgesetz (SMG) or the Austrian Act on addictive substances.

Penalties for Trafficking Drugs

The penalties for drug trafficking in Austria vary depending on the specific circumstances of the case. Here are some key points regarding the penalties for drug trafficking:

• Drug trafficking is generally punishable by a prison sentence of up to one year or a fine under §27 SMG.
• If the drugs are intended for personal use, the maximum penalty is reduced to six months' imprisonment or a fine.
• Offering drugs in public transport or public places can result in up to two years' imprisonment.
• Commercial drug dealing, or dealing as part of a criminal organisation, can result in up to three years' imprisonment.
• Adults offering drugs to minors can face up to three years in prison.
• Drug dealing in quantities exceeding the threshold amount (defined in the Suchtgift-Grenzmengenverordnung ordinance) is punishable by up to five years' imprisonment under §28a SMG.
• "Commercial" drug dealing, dealing as a member of a criminal association, or dealing amounts exceeding the threshold by at least 15 times can result in one to ten years' imprisonment.
• If the offender has prior convictions for drug dealing, deals as part of a larger drug-related organisation, or deals amounts exceeding the threshold by at least 25 times, the prison sentence can be increased to one to fifteen years.
• Dealing drugs as part of a larger drug-related organisation in a leading capacity can result in up to ten or twenty years' imprisonment or even a life sentence.
• The penalties for dealing psychotropic substances, as defined in the UN Convention on Psychotropic Substances, are generally lower than those for other drugs.

Other Relevant Factors

• The Austrian government distinguishes between criminals trafficking drugs and those using drugs, who may be offered treatment instead of punishment.
• The sale and supply of drugs are considered much more serious offences than personal use and are punished more harshly.
• The threshold amount for determining drug dealing is defined separately for each type of drug. For example, the threshold for THCA is 40 grams, while for heroin, it is 3 grams.
• The severity of the court's sentence will depend on the amount of drugs involved, with higher amounts resulting in higher penalties.
• Austria can criminally prosecute individuals who import drugs into the country or commit other severe offences that damage Austrian interests, even if the offence did not occur in Austria.

Drug treatment services

While the illegal use of drugs is generally a criminal offence in Austria, the country's approach to drug addiction is treatment-oriented. In each stage of criminal proceedings, exit strategies towards quasi-compulsory treatment instead of punishment are provided.

For instance, the prosecution of persons apprehended with small amounts of drugs may be provisionally terminated with a probationary period and the requirement to take part in therapy. Addicted offenders may also be eligible to undergo treatment if they are not facing a prison sentence of more than five years.

If you are a traveller visiting Austria and require prescription medication, you are allowed to bring medication to cover your usual personal needs (a maximum of three retail packs of the smallest size) without a permit. However, for addictive drugs, proof of personal needs is required in the form of confirmation from a treating doctor. This confirmation should include your personal details, the necessity of continuing treatment, the generic name of the drug, and its dosage. It is also recommended to bring the medication in its original packaging and to have a certified German translation of the confirmation.

Drug-related deaths

Drug-induced deaths are defined as deaths directly attributable to drug consumption, sometimes referred to as drug overdose deaths. In Austria, drug-related deaths are a significant issue, with a reported total of 138 deaths directly related to overdoses in 2013. While the number of drug-induced deaths varies year to year, the overall trend appears to be stable. However, the proportion of deaths in older age groups is increasing, with a two-thirds increase in drug-induced deaths among 50- to 64-year-olds between 2012 and 2022.

The majority of drug-induced deaths in Austria are associated with the consumption of multiple substances, often including opioids such as heroin, morphine, methadone, buprenorphine, and pain-relief medicines. In 2013, fatal polydrug overdoses involving opioids were prevalent, with a combination of illicit drugs, psychopharmaceuticals, alcohol, and psychotropic substances commonly found in toxicology reports. It's important to note that the presence of opioids doesn't necessarily indicate they were the cause of poisoning, as overdoses often involve polydrug use.

Benzodiazepines, a type of psychotropic substance, have also been implicated in a significant number of overdose deaths in Austria. In 2021, they were present in more than half of the overdose cases in the country, alongside other substances, primarily opioids. Additionally, stimulants, including cocaine, amphetamine, and methamphetamine, have contributed to many drug-induced deaths, often in combination with opioids.

To address the issue of drug-related deaths, Austria has implemented various harm reduction strategies. These include the distribution of naloxone, a medication that can reverse opioid overdoses, and the establishment of drug consumption facilities. However, preventing opioid-related overdoses and deaths remains challenging due to changing consumption patterns and the complexity of polydrug use.

While drug laws in Austria are strict, with possession or trafficking resulting in severe penalties, the country recognizes the importance of distinguishing between drug traffickers and users who may have health or addiction issues. This distinction has led to alternative approaches, such as suspended sentences or treatment options, being offered to those struggling with substance abuse.

Public opinion on legalisation

Public opinion on the legalisation of drugs in Austria is mixed. While the country's previous coalition government represented the opinion that cannabis laws should be tightened, a recent poll suggests that 78% of people are in favour of legalising medicinal cannabis, even though 64% opposed recreational legalisation.

Austria's drug laws are dictated by the Suchtmittelgesetz (SMG) or the Austrian Act on Addictive Substances. The law makes an important distinction between the illegal use or handling of drugs and drug dealing, with the latter being punished more severely. Drug production and dealing are actively prosecuted and punished, whereas the law focuses on treatment for "small-time" and addicted offenders.

The Social Democratic Party has previously campaigned to legalise cannabis entirely, and the Greens are also in favour of legalisation, pushing for a tightly controlled small-scale retail system. However, under the current government, this seems unlikely to change, with the Austrian Chancellor known for his right-wing views.

The public discussion around legalisation has been sparked in part due to Germany's plans to legalise the regulated purchase and recreational use of cannabis. With Austria and Germany sharing a border and close cultural ties, the potential for legal cannabis in Germany may influence public opinion in Austria.

Frequently asked questions