Cannabis Laws In Austria: What's The Verdict?

Cannabis laws vary across the world, with some countries permitting its use for medicinal or recreational purposes, and others enforcing strict prohibition. In Austria, the use of cannabis for recreational purposes is illegal, but what about its use for medicinal purposes?

Cannabis for medical use is highly restricted

Medicinal cannabis has been legal in Austria since 2008, but the country has one of the largest populations of medicinal cannabis patients in Europe. As such, it represents a potentially large market for the drug. However, there are issues with the medicinal cannabis program in terms of access to insurance reimbursement by patients, and the inability of private companies to enter the market.

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 under the Addictive Drugs Act and the Ordinance for Addictive Drugs. Therefore, it may not, in principle, be prescribed. However, there are two exemptions for pharmaceuticals containing cannabis which 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).

Violations of the Addictive Drugs Act are subject to administrative fines of up to €36,300, and imprisonment of up to six weeks if the fine is not paid.

Recreational cannabis is decriminalised

In Austria, recreational cannabis is decriminalised, but remains illegal. While purchasing, possessing, importing, exporting, transporting, or cultivating cannabis is punishable by law, since 2016, possession of small amounts for personal use has been decriminalised. This means that if an individual is caught with a small amount of cannabis and has not been implicated in any drug-related offences in the last five years, their case will not be pursued.

The penalties for possession of small amounts are similar to those for a parking violation. However, it is important to note that the production, import, and sale of recreational cannabis are strictly forbidden according to the Addictive Drugs Act. This means that recreational cannabis is not legally available for purchase in Austria.

Although recreational cannabis is decriminalised in Austria, the laws regarding cannabis cultivation are more relaxed. Austrians are permitted to cultivate an unlimited number of non-flowering cannabis plants at home, as long as they contain less than 0.3% THC, in line with European Union regulations. This has resulted in Austrians growing and selling an estimated 300,000 cannabis seedlings and clones every year.

CBD and hemp are also completely legal and widely available throughout the country. However, growers can only cultivate hemp from a limited number of varieties found in the EU common catalogue. Additionally, foods containing CBD extracts are considered "novel foods" and require a separate license and authorisation before they can be brought to market.

While the use of medicinal cannabis in Austria has been documented as far back as the mid-1800s, the country's medicinal cannabis program today is highly restrictive. Medicinal cannabis has been legal since 2008, but only three cannabis-based products are approved for prescription, and cannabis flowers are prohibited. As a result of these restrictions, Austrians are pushing for full legalisation.

Cannabis cultivation is controlled by the Austrian Agency for Health and Food Safety

The Austrian Parliament approved cannabis cultivation for scientific and medical uses in 2008. However, only AGES and its subsidiaries (in which AGES holds at least 75% of the shares) are permitted to cultivate cannabis for manufacturing pharmaceuticals and related scientific purposes. This highly restrictive policy means that only the Health Ministry is allowed to cultivate cannabis in Austria. The Health Ministry then exports cannabis to countries like Germany, which creates a catch-22 situation for Austrian cannabis entrepreneurs.

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

There is no access for patients to pure cannabis for medical use, as it is considered an addictive drug under the Addictive Drugs Act and the Ordinance for Addictive Drugs. Therefore, it may not be prescribed in principle. However, there are two exceptions 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 pharmacies based on a prescription).

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. The production, import, and sale of recreational cannabis are strictly forbidden, with offenders facing imprisonment of up to one year or fines of up to 360 daily rates.

While Austria has decriminalised the possession of small amounts of cannabis for personal use, it has also increased police checks and enforcement of cannabis prohibition at checkpoints along its border with Germany, which legalised the possession of small amounts of cannabis for recreational use in 2024.

CBD is not subject to drug laws

CBD is not considered an addictive drug in Austria and therefore is not subject to the country's drug laws. However, this does not mean that there are no regulations surrounding its use. While CBD is legal and widely available, foods containing CBD extracts are considered "novel foods" and require a separate license and authorisation before they can be brought to market.

The Federal Ministry for Health has issued an opinion that food containing CBD extracts is considered a novel food according to Regulation (EU) 2015/2283. This means that only authorised and registered novel food may be placed on the market or used in and on food. As of 2023, no CBD extracts have been authorised by the EU Commission. However, the EU Commission has resumed its examination of around 50 applications for approval.

The European Food Safety Authority (EFSA) has stated that there are data gaps and uncertainties about potential hazards related to CBD intake, and therefore it has not been able to establish the safety of CBD. If the EU Commission were to approve CBD extracts as novel food, the Federal Ministry for Health would likely have to change its guidance.

In addition to regulations around CBD in food, there are also restrictions on its use in cosmetics. Natural and synthetic narcotics are prohibited in cosmetic products in Austria. The Federal Ministry for Health considers cannabis and its extracts to be narcotics, and therefore cosmetics containing such extracts may not be placed on the market. However, the EU Commission has recently added naturally extracted CBD to the CosIng database, which lists substances that may be used in cosmetic products. This development may lead the Federal Ministry for Health to re-evaluate its guidance.

While CBD is not specifically mentioned in Austria's drug laws, it is important to note that the production, import, and sale of recreational cannabis are strictly forbidden according to the Addictive Drugs Act. Additionally, the cultivation, purchase, importation, exportation, transportation, or possession of cannabis for recreational purposes is a punishable offence, with offenders facing high fines or imprisonment.

Austria is stepping up police checks at its border with Germany

Austria is enhancing police checks at its border with Germany following the latter's decision to legalise the possession of limited amounts of cannabis for recreational use. While Germany has relaxed its stance on cannabis, Austria has no intentions of doing the same and is committed to preventing any cross-border trade.

On April 1, 2024, Germany's new rules came into force, permitting adults to possess up to 25 grams of marijuana for recreational use and allowing them to cultivate up to three plants for personal consumption. Additionally, German residents aged 18 and older will be allowed to join nonprofit cannabis-growing clubs starting July 1, 2024.

In response, Austria's Interior Minister Gerhard Karner announced that the country would increase police checks near its border with Germany. The primary goal of these intensified checks is to prevent the cross-border trade of addictive substances and ensure the safety of all road users by identifying drivers under the influence of drugs.

Austria's decision to step up police checks highlights its contrasting stance on cannabis legalisation. While Germany has chosen to relax its cannabis laws, Austria maintains its position, with recreational cannabis remaining illegal in the country. Austria's top security official emphasised their intention to prevent any cross-border trade, demonstrating their commitment to upholding the current legislation.

The European landscape regarding cannabis legislation is varied, with countries adopting different approaches. Germany's move to legalise cannabis for recreational use is an exception rather than the norm, as most European countries continue to prohibit it. Austria's stance aligns with the majority of European nations, prioritising strict regulation and enforcement.

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