Cannabis In Austria: What's The Legal Status?

Cannabis laws vary across the world, with some countries adopting a more lenient approach to its use than others. In Austria, the production, manufacturing, conversion, purchase, and possession of medical cannabis are all permitted under specific regulations. However, recreational cannabis is a different story. While it is decriminalised, it is still illegal to buy or possess it. With Germany legalising recreational cannabis in 2024, Austria's laws are under scrutiny.

Cannabis is decriminalised in Austria

The sale of cannabis seeds and plants is legal in Austria, and it is also legal to cultivate an unlimited number of non-flowering cannabis plants at home. However, the plants must contain less than 0.3% THC, in line with European Union regulations.

Medicinal cannabis is also legal in Austria, but it is highly regulated and restricted. Only three cannabis-based products are permitted to be prescribed to patients: sativex, nabilone, and dronabinol.

Recreational cannabis is illegal in Austria, but recent surveys suggest that up to 40% of Austrians aged 15-24 years old have used cannabis in some form in their lives. Due to the decriminalisation of personal use, Austrians grow and sell an estimated 300,000 cannabis seedlings and clones every year.

CBD and hemp are completely legal and widely available in Austria. However, hemp can only be cultivated from a limited number of varieties found in the EU common catalogue.

Cannabis is legal for scientific and limited medical use

Cannabis is illegal for recreational use in Austria. However, it is legal for scientific and limited medical usage.

On July 9, 2008, the Austrian Parliament approved cannabis cultivation for scientific and medical purposes. The Austrian Agency for Health and Food Safety (AGES) controls cannabis cultivation. AGES is supervised by the Austrian Federal Ministry of Labour, Social Affairs, Health and Consumer Protection, as well as the Austrian Federal Ministry for Agriculture.

Only AGES is permitted to cultivate cannabis for the purpose of manufacturing pharmaceuticals and related scientific research. The same right is granted to subsidiaries in which AGES holds at least 75% of the shares.

The production, manufacturing, conversion, purchase, and possession of medical cannabis require specific authorisation from the Federal Ministry for Health. Disposal is only permitted to certain authorised recipients and pharmacies.

There is no access for patients to cannabis in its purest form for medical use, as it is considered an addictive drug according to the Addictive Drugs Act and the Ordinance for Addictive Drugs. Therefore, it may not be prescribed in principle. However, there are two exemptions for pharmaceuticals containing cannabis that may be prescribed: formulations of cannabis extracts that are authorised as proprietary medicinal products, and the active substance delta-9-tetrahydrocannabinol, if it has a standardised purity of more than 95% used for magistral preparations (production in the pharmacy on the basis of a medical prescription).

Recreational cannabis is illegal

The purchase, importation, exportation, transportation, or cultivation of cannabis remains a punishable offense in Austria. Offenders face high fines or imprisonment of up to 360 days. However, the cultivation of non-flowering cannabis plants with less than 0.3% THC is permitted.

In recent years, there have been discussions and efforts to legalize recreational cannabis in Austria. In 2022, a case challenging the ban on personal-use cannabis was brought before the Austrian Supreme Court, mirroring a similar declaration by the Mexican high court. The Austrian case is expected to be decided in 2023 and could potentially legalize cannabis through a judicial decree.

Austria's approach to recreational cannabis is in contrast to some of its neighboring countries, such as Germany, which legalized the possession of limited amounts of cannabis for recreational use in 2024. As a result of Germany's policy change, Austria has increased police checks and enforcement of cannabis prohibition at checkpoints along their shared border.

Medicinal cannabis is highly restricted

Cannabis laws vary across Europe, with some countries taking a more lenient approach than others. Austria has a strict stance on cannabis, especially when it comes to medicinal use. While the use of medicinal cannabis in Austria has been documented as far back as the mid-1800s, the country's current medicinal cannabis program is highly restrictive.

Medicinal cannabis has been legal in Austria since 2008, but it is subject to tight regulations and restrictions. The law only permits the prescription of three cannabis-based products: sativex, nabilone, and dronabinol. These products are only available to patients with a limited number of qualifying conditions, and cannabis flowers are prohibited. This means that patients do not have access to cannabis in its purest form for medical use, as it is considered an addictive drug under the Addictive Drugs Act and the Ordinance for Addictive Drugs. As a result, Austrians are pushing for full legalization, as the current program has issues with access to insurance reimbursement and the inability of private companies to enter the market.

The production, manufacturing, conversion, purchase, and possession of medical cannabis in Austria require specific authorizations. According to the Austrian Trade Act, only the Austrian Agency for Health and Food Safety (AGES) is permitted to cultivate cannabis for pharmaceutical manufacturing and scientific purposes. Disposal of medical cannabis is also highly regulated, with only certain authorized recipients and pharmacies permitted to handle it.

Violations of the Addictive Drugs Act can result in administrative fines of up to EUR 36,300, and imprisonment of up to six weeks if the fine is not paid. Additionally, the illegal purchase, possession, production, transportation, import, export, or cultivation of cannabis for personal use can lead to imprisonment of up to one year or fines of up to 360 daily rates.

While recreational cannabis is decriminalized in Austria, it is still illegal. The sale of cannabis seeds and plants is legal, and individuals are allowed to cultivate an unlimited number of non-flowering cannabis plants at home. However, the plants must contain less than 0.3% THC, in line with European Union regulations.

Austria's strict approach to medicinal cannabis stands in contrast to the moves towards legalization in some of its neighbouring countries, such as Germany, which has recently allowed the possession of small amounts of cannabis for recreational use. However, Austria has stated its intention to prevent any cross-border trade and has increased police checks near its borders to enforce its cannabis prohibition.

Austria is increasing border checks to prevent cross-border trade

Cannabis remains illegal for recreational use in Austria. While the drug has been decriminalised for personal consumption since 2016, purchasing, importing, exporting, transporting, or cultivating cannabis is a punishable offence.

Austria's neighbour, Germany, recently legalised the possession of small amounts of cannabis for recreational use. In response, Austria has said it will increase police checks along its border with Germany to prevent any cross-border trade.

Austria's Interior Minister Gerhard Karner said in a statement:

> The police will conduct intensified checks, particularly in areas near the border, to take addictive substances and drivers under the influence of drugs out of circulation. This is about the protection of all road users.

Austria's top security official confirmed that plain-clothes police officers and specialists from regional transport departments trained to recognise symptoms of impairment through drugs will be deployed.

While recreational cannabis remains illegal in Austria, the country has a seasoned medicinal cannabis program. Medicinal cannabis has been legal in Austria since 2008, but it is highly regulated and restricted. The law only permits the use of three cannabis-based products: sativex, nabilone, and dronabinol. These can be prescribed to patients with a limited number of qualifying conditions, and cannabis flowers are prohibited.

Austria is also home to a thriving hemp industry. CBD and hemp are completely legal and widely available throughout the country.

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