Marijuana In Austria: What's The Legal Status?

Marijuana, or cannabis, is decriminalised in Austria, but remains illegal for recreational use. While the purchase, possession, transportation, and cultivation of cannabis are punishable offences, since 2016, possession of small amounts for personal use has been decriminalised. The sale of cannabis seeds and plants is legal, and Austrians are permitted to cultivate an unlimited number of non-flowering plants at home. However, these plants must contain less than 0.3% THC. Pure CBD is also legal, but foods containing CBD extracts are considered novel foods and require a separate license to be sold. Medicinal cannabis has been legal in Austria since 2008, but it is highly regulated and restricted.

Medicinal cannabis is legal in Austria, but it's highly regulated and restricted

Medicinal cannabis has been legal in Austria since 2008, but it is highly regulated and restricted. The use of medicinal cannabis in Austria dates back to the mid-1800s, when Empress Elisabeth of Austria was known to consume it to treat her cough and stimulate her appetite. However, despite its long history, the legal medicinal cannabis program in Austria is still highly restrictive.

The law only permits the use of three cannabis-based products: Sativex, Nabilone, and Dronabinol. These medications are prescribed to patients with specific qualifying conditions, such as AIDS, cancer, multiple sclerosis (MS), or certain nervous system disorders. Additionally, cannabis flowers are prohibited. As a result of these restrictions, Austrians are pushing for full legalization to improve access to medicinal cannabis.

The production, manufacturing, conversion, purchase, and possession of medical cannabis in Austria are tightly controlled. According to the Austrian Trade Act, specific authorisation from the Federal Ministry of Health is required for these activities. Disposal of medical cannabis is also strictly regulated, with authorisation required for certain authorised recipients and pharmacies.

The Austrian Agency for Health and Food Safety (AGES) is the primary body responsible for overseeing cannabis cultivation for scientific and medical purposes. AGES, supervised by the Austrian Federal Ministry of Labour, Social Affairs, Health, and Consumer Protection, has exclusive rights to cultivate cannabis for pharmaceutical manufacturing and scientific research. This highly centralised control makes it challenging for private companies to enter the medicinal cannabis market in Austria.

While medicinal cannabis is legal and accessible under these stringent regulations, recreational cannabis remains illegal in Austria. However, possession of small amounts for personal use has been decriminalised since 2016, with penalties similar to parking violations.

Recreational cannabis is illegal in Austria but decriminalised

Recreational cannabis is illegal in Austria, but it has been decriminalised since 2016. This means that while it is still illegal to buy or possess recreational cannabis, the penalties for possession of small amounts are relatively minor and similar to those for a parking violation. For example, possessing small quantities of cannabis may result in fines, but possessing more than 20 grams of THC can be punished by up to three years in prison if the intent to sell or distribute is suspected.

Austria's laws on recreational cannabis are in contrast to its laws on medicinal cannabis, which has been legal in the country since 2008. Medicinal cannabis products are, however, highly regulated and restricted. Only three cannabis-based products—Sativex, Nabilone, and Dronabinol—can be prescribed to patients with a limited number of qualifying conditions, and cannabis flowers are prohibited.

The Austrian government's approach to recreational cannabis is also at odds with its approach to the cultivation of non-flowering cannabis plants. Austrian law permits the cultivation of an unlimited number of non-flowering cannabis plants with a THC content of up to 0.3%. Austrians are estimated to grow and sell 300,000 cannabis seedlings and clones every year.

The future of cannabis in Austria is uncertain. While there is currently no clear legislative path to legalising recreational cannabis, a case challenging the ban on personal-use cannabis is pending before the Austrian Supreme Court. The outcome of this case, expected in 2023, could pave the way for legalisation.

Austria's approach to cannabis is also influenced by the legalisation of cannabis in neighbouring Germany. In April 2024, Germany legalised the possession of small amounts of cannabis for recreational use, prompting Austria to increase police checks near its border with Germany to prevent any cross-border trade.

You can legally buy cannabis seeds in Austria, but not the plant itself

Austria has complex laws regarding cannabis. While the sale and supply of the drug are treated harshly, personal use is decriminalised, and it is permissible to grow small numbers of cannabis plants for personal use. However, the laws surrounding cannabis in Austria are subject to change.

Medicinal cannabis is available in Austria, but it is highly restricted and difficult to obtain. Medical marijuana products are limited to Sativex, Nabilone, and Dronabinol, and patients must have a prescription from a registered medical practitioner.

Recreational cannabis is illegal in Austria, but it is decriminalised. Possession of small amounts of cannabis may result in fines, but possessing more than 20 grams of THC is punishable by up to three years in prison if the intent to sell or distribute is suspected.

While it is illegal to buy or possess recreational cannabis in Austria, cannabis seeds can be legally purchased and sold. However, the plants themselves cannot be bought or sold. This is because cultivating full-THC cannabis plants is illegal in Austria. The cultivation of cannabis plants is only permitted if the plants have not yet flowered and contain less than 0.3% THC, which would classify them as CBD products rather than marijuana.

Austria plans to enforce cannabis prohibition at checkpoints along its border with Germany

Austria has no plans to legalise cannabis for recreational use, despite its thriving hemp industry and the potential for a domestic cannabis industry. While medicinal cannabis has been legal in Austria since 2008, it is highly regulated and restricted. The law only permits the use of three cannabis-based products, and cannabis flowers are prohibited.

Recreational cannabis, on the other hand, is illegal in Austria. However, possession of small amounts for personal use was decriminalised in 2016. This means that while it is still illegal to buy or possess recreational cannabis, the penalties for possession of small amounts are minor, similar to those for a parking violation. Additionally, it is legal 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.

Austria's stance on cannabis is particularly relevant given its border with Germany, which recently legalised the possession of limited amounts of cannabis for recreational use by adults. As of April 1, 2024, German residents have been allowed to possess up to 25 grams of marijuana and grow up to three plants for personal use. In response to this policy change, Austria has stated that it will increase police checks and enforcement of cannabis prohibition at checkpoints along its border with Germany.

Austrian Interior Minister Gerhard Karner announced that "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." The increased enforcement will include the deployment of plain-clothes police officers and impairment recognition specialists from regional transport departments at the border checkpoints.

While Austria maintains its prohibition on recreational cannabis, there is ongoing discussion and lobbying for the legalisation of cannabis for medical purposes. A case challenging the ban on personal-use cannabis is currently pending before the Austrian Supreme Court and is expected to be decided in 2023.

CBD and hemp are completely legal and widely available in Austria

CBD and hemp are completely legal and widely available throughout Austria. However, there are some important regulations and restrictions to be aware of.

Firstly, hemp shops are legal in Austria, but these shops exclusively deal with products that are free of THC. They do, however, sell products containing CBD, which is not defined as an addictive drug and is therefore not subject to drug laws. CBD extracts, scents, massage oils, and teas are examples of products that can be purchased without hesitation.

CBD has also been added to the official list of EU medicinal products, meaning it can be prescribed without being a prescription drug. CBD-containing products labelled as medicinal can only be sold in pharmacies, while non-medical products can be purchased from hemp shops.

It's worth noting that foods containing CBD extracts are considered "novel foods" in Austria. Businesses are required to have a separate license and authorisation to bring CBD-based edibles to the market. Additionally, natural and synthetic narcotics are prohibited in cosmetic products. While the EU Commission recently included CBD extracts in its Closing database (a list of substances deemed fit for use in cosmetics), the Federal Ministry for Health may need to re-evaluate its guidance in light of this development.

When it comes to the cultivation of hemp, Austria has specific regulations in place. Growers can only cultivate hemp from a limited number of varieties found in the EU common catalogue, and the plants must contain less than 0.3% of THC.

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