Marijuana Laws In Austria: What's The Verdict On Medical Use?

The legality of medical marijuana varies across the world, with some countries embracing its use and others enforcing strict prohibitions. Austria's stance on the issue falls into a grey zone. While the sale and cultivation of marijuana are considered crimes in the country, medical marijuana is legal to a certain extent. This includes the prescription of cannabis-based products like Sativex, Nabilone, and Dronabinol, which can be prescribed to patients with a limited number of qualifying conditions. However, the use of dried hemp is not permitted. The history of medicinal cannabis in Austria dates back to the mid-1800s, when Empress Elisabeth of Austria reportedly used it to stimulate her appetite and suppress coughing. Today, the country has a seasoned medicinal cannabis program, but it is highly regulated and restricted.

Medical marijuana is only legal in Austria if prescribed by a doctor

Austria's regulations on the use and cultivation of marijuana are outlined in the 1998 Narcotic Substances Act, which was enacted after the country joined the EU. While the use of cannabis is no longer considered a crime, possession of any drugs in Austria can result in a fine or imprisonment, depending on the quantity. The sale and cultivation of marijuana in Austria are also considered criminal offences, with penalties ranging from two to twenty years' imprisonment, depending on the type of drug and the scale of the operation.

In 2016, Austria partially decriminalised the possession of small amounts of cannabis for personal use. While it is still illegal to buy or possess recreational cannabis, those caught with small quantities face penalties similar to a parking violation. Additionally, Austrians are permitted to cultivate an unlimited number of non-flowering cannabis plants at home, as long as the THC content remains below 0.3%.

The Austrian Chamber of Pharmacists has been advocating for the use of cannabis for medical purposes, but no revisions to the existing cannabis-related provisions or policies are expected in the near future.

Medical marijuana is restricted to creams, ointments, and oils

In Austria, medical marijuana is only legal to a limited extent. It is restricted to creams, ointments, and oils, which can be prescribed by a doctor. However, doctors are not permitted to prescribe dried hemp, and both medical professionals and insurance companies tend to be sceptical about cannabis treatment. As a result, cannabis-based medicines are rarely prescribed, and insurers are often unwilling to cover the costs of these products.

The Austrian government's stance on medical marijuana is influenced by the country's regulations on the use and cultivation of marijuana, outlined in the 1998 Narcotic Substances Act. While the use of cannabis is no longer considered a crime in Austria, possession of any drugs can still result in a fine or imprisonment, depending on the amount carried. The sale and cultivation of marijuana are also considered criminal offences, with penalties ranging from two to twenty years of imprisonment, depending on the type of drug, the quantity involved, and the presence of other aggravating factors such as drug trafficking or membership in a criminal group.

Austria's approach to medical marijuana is shaped by its classification as an addictive drug under the Addictive Drugs Act and the Ordinance for Addictive Drugs. This classification prohibits patients from accessing cannabis in its purest form for medical use, and it cannot be prescribed in principle. However, there are two exemptions for pharmaceuticals containing cannabis that may be prescribed: formulations of cannabis extracts authorised as proprietary medicinal products, and the active substance delta-9-tetrahydrocannabinol (Δ9-THC) with a standardised purity of more than 95% used for magistral preparations produced in pharmacies based on medical prescriptions.

The restrictions on medical marijuana in Austria are further influenced by the country's stance on recreational cannabis. While possession of small amounts for personal use has been decriminalised since 2016, the purchase, importation, exportation, transportation, or cultivation of cannabis remains a punishable offence. Austria's laws draw a distinction between medical and recreational cannabis use, with stricter penalties in place for recreational cannabis offences.

The sale and cultivation of marijuana in Austria is a crime

The sale and cultivation of marijuana for recreational use in Austria is a crime. While the possession of small amounts of marijuana for personal use has been decriminalised since 2016, the purchase, importation, exportation, transportation, or cultivation of marijuana remains a punishable offence. Offenders face high fines or imprisonment of up to 360 days.

The sale and cultivation of marijuana for medical use is also tightly controlled in Austria. The Austrian Agency for Health and Food Safety (AGES) is the only body permitted to cultivate marijuana for medical purposes. This right is also granted to subsidiaries in which AGES holds at least 75% of the shares. The production, manufacturing, conversion, purchase, and possession of medical marijuana require specific authorisation from the Federal Ministry for Health under the Austrian Trade Act. Disposal is only permitted to certain authorised recipients and pharmacies.

The sale and cultivation of marijuana for recreational use is strictly forbidden according to the Addictive Drugs Act. Violations of this act can result in imprisonment of up to one year or fines of up to 360 daily rates.

The Austrian government has stated that it has no plans to follow neighbouring Germany's lead in legalising the possession of small amounts of marijuana for recreational use. Instead, Austria has increased police checks near its border with Germany to prevent any cross-border trade.

The possession of marijuana for personal use is decriminalised

The possession of marijuana for personal use in Austria is decriminalised, but it is not legal. This means that while possession of small amounts for personal use will not result in criminal charges, it is still considered an offence and can result in fines or other administrative punishments. The laws regarding marijuana possession in Austria have evolved over time, with the use of cannabis no longer considered a crime since 2016. However, it is important to note that the purchase, importation, exportation, transportation, or cultivation of cannabis remains a punishable offence.

The Austrian government has recognised the potential benefits of cannabis for medical purposes, and medical marijuana is legal in the country to a limited extent. This includes the use of creams, ointments, or oils that contain cannabis. However, doctors are typically sceptical about cannabis treatment, and insurance companies are reluctant to cover the costs of these products. As a result, prescriptions for medical marijuana are rare.

In addition to the decriminalisation of personal marijuana use, Austria also has a thriving hemp industry. CBD products are widely available and legal, as long as they contain less than 0.3% THC. However, food and cosmetic products containing CBD were banned in 2018, and it is illegal to sell or use CBD foods or capsules.

While Austria has taken steps towards decriminalisation and recognised the potential benefits of cannabis for medical use, the country has not legalised marijuana for recreational use. Recreational cannabis remains illegal in Austria, and those found in possession may face penalties such as fines or imprisonment, depending on the amount they carry.

Overall, the legal status of marijuana in Austria falls into a "'grey zone'. While possession of small amounts for personal use is decriminalised, the cultivation, sale, and use of marijuana are still considered criminal offences. As of 2025, there are no plans for Austria to follow neighbouring countries in legalising recreational cannabis, and the country continues to enforce strict regulations on marijuana possession and use.

Austria has no plans to legalise recreational cannabis

In 2016, Austria partially decriminalised the possession of cannabis for personal use. If an individual is caught with a small amount and has no prior drug-related offences, their case is not pursued. However, the purchase, importation, exportation, transportation, or cultivation of cannabis remains a punishable offence.

Under Austrian law, possession of any drugs can result in a fine or imprisonment, depending on the amount carried. The sale and cultivation of marijuana are also considered crimes, with penalties ranging from two to twenty years' imprisonment, depending on the quantity and nature of the offence.

The Austrian government has expressed concern about the potential for cross-border trade with Germany following the latter's decision to legalise recreational cannabis. In response, Austria has increased police checks near its border with Germany to prevent the transportation of addictive substances and to protect road users from impaired drivers.

While there is a thriving hemp industry in Austria and a potential future domestic cannabis industry, the country currently has no plans to legalise recreational cannabis. The Austrian Chamber of Pharmacists has lobbied for the use of cannabis for medical purposes, but no changes to the existing laws or policies are expected.

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