Weed In Austria: What's The Legal Status?

Cannabis laws vary across the world, with some countries adopting a more liberal approach to its use and sale, and others taking a more hardline stance. Austria's cannabis laws have been a topic of discussion in recent years, particularly in light of neighbouring Germany's decision to legalise the possession of small amounts of cannabis for recreational use. So, is weed illegal in Austria?

Recreational use is illegal, but decriminalised

Recreational cannabis use is illegal in Austria, but it has been decriminalised since 2016. This means that while it is still illegal to possess, buy or sell recreational cannabis, the penalties for possessing small amounts are minor. For example, possessing a small amount of cannabis for personal use is now considered to be on a par with a parking violation.

However, possessing more than 20 grams of THC is punishable by up to three years in prison if an Austrian court deems the circumstances aggravated, such as the intent to sell or distribute. The purchase, importation, exportation, transportation, or cultivation of cannabis is also a punishable offence in Austria, with offenders facing high fines or imprisonment of up to 360 days.

In contrast, 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 AIDS, cancer, multiple sclerosis (MS), or certain nervous system disorders.

Austria's cannabis laws are currently the subject of some debate. In 2022, a case challenging the ban on personal-use cannabis was brought before the Austrian Supreme Court. The case is due to be decided in 2023. In the meantime, Austria has stated that it has no plans to follow its neighbour Germany in legalising the possession of small amounts of cannabis for recreational use. Instead, it has increased police checks near the border to prevent any cross-border trade.

Medicinal use is legal, but highly restricted

In Austria, medicinal cannabis has been legal 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 products may be prescribed to patients with a limited number of qualifying conditions, including AIDS, cancer, multiple sclerosis (MS), or certain nervous system disorders. However, cannabis flowers are prohibited.

The production, manufacturing, conversion, purchase, and possession of medical cannabis require specific authorisations in accordance with the Austrian Trade Act, which is issued by the Federal Ministry for Health. Disposal is only permitted to certain authorised recipients and pharmacies.

While medicinal cannabis is legal, it is considered an addictive drug under the Addictive Drugs Act and the Ordinance for Addictive Drugs, and therefore, it may not be prescribed in its purest form. There are, however, 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, if it has a standardised purity of more than 95% used for magistral preparations (produced in pharmacies based on a medical prescription).

Violations of the Addictive Drugs Act can result in administrative fines of up to EUR 36,300, and in the case of non-payment, imprisonment of up to six weeks. Additionally, anyone who illegally purchases, possesses, produces, transports, imports, exports, offers, transfers, or procures cannabis, or cultivates the cannabis plant for obtaining addictive drugs, can face imprisonment of up to one year or fines of up to 360 daily rates.

Although medicinal use is legal, Austria's medicinal cannabis program faces challenges in terms of patient access to insurance reimbursement and the inability of private companies to enter the market. As a result, Austrians are pushing for full legalization, and the next few years will be crucial in determining the future landscape of medicinal cannabis regulations in the country.

Austria is increasing police checks at the German border

Interior Minister Gerhard Karner said: "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 cannabis laws remain unchanged. The purchase, importation, exportation, transportation, or cultivation of cannabis is a punishable offence. Offenders face high fines or imprisonment of up to 360 days. However, possession of small amounts of THC-containing substances for personal consumption has been decriminalised to the degree that such cases will not be pursued if the possessor has not been implicated in any drug-related offences within the last five years.

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 products can be prescribed to patients with a limited number of qualifying conditions, and cannabis flowers are prohibited.

Recreational cannabis remains illegal in Austria, but it is decriminalised. This means that while it is still illegal to buy or possess, the penalties for possession of small amounts are similar to those for a parking violation. It is also legal to cultivate an unlimited number of non-flowering cannabis plants at home, as long as they contain less than 0.3% THC.

Cannabis cultivation is allowed, but with limitations

In Austria, cannabis cultivation is allowed, but with several limitations. While the sale of cannabis seeds and plants is legal, cultivating full-THC cannabis plants is illegal. Cannabis cultivation is only permitted for scientific and medical purposes and is controlled by the Austrian Agency for Health and Food Safety (AGES).

Cannabis cultivation is allowed up to the point of flowering or until the plants reach a THC content level of 0.3%, at which point they would be classified as CBD products rather than marijuana. This is because CBD is not defined as an addictive drug and is therefore not subject to the same drug laws. However, foods containing CBD extracts are considered "novel foods" and require a separate license and authorisation for commercial sale.

Additionally, the Austrian government has specific rules regarding the production, manufacturing, conversion, purchase, and possession of medical cannabis. These activities require authorisation from the Federal Ministry for Health, and disposal is only permitted to certain authorised recipients and pharmacies.

While Austria has decriminalised the possession of small amounts of cannabis for personal use, the purchase, importation, exportation, transportation, or cultivation of cannabis for recreational use remains a punishable offence.

CBD and hemp are legal and widely available

The legality of CBD in Austria is largely due to the distinction between it and THC-containing cannabis in terms of their effects and potential for abuse. CBD is not a narcotic and does not produce the same high as THC. This distinction has been recognised by the Austrian government, allowing CBD to be more accessible to the public.

The availability of CBD in Austria is also influenced by the country's thriving hemp industry. Hemp is a variety of the cannabis plant that contains very low levels of THC (less than 0.3%) and higher levels of CBD. Hemp is grown for a variety of industrial and commercial uses, including the extraction of CBD. The legal status of hemp and the distinction between it and THC-containing cannabis has contributed to the widespread availability of CBD products in Austria.

While CBD is legal and widely available in Austria, there are still some regulatory considerations. For example, the commercialisation of CBD products is limited by legal frameworks applicable to food and cosmetics. Additionally, the Austrian government has strict regulations surrounding the cultivation of cannabis, with only the Austrian Agency for Health and Food Safety (AGES) and its subsidiaries permitted to cultivate cannabis for scientific and medical purposes.

Overall, the legal status of CBD in Austria provides consumers with access to a variety of products that can be used for their potential health and wellness benefits. The availability of CBD in Austria is a positive development, offering consumers an alternative to THC-containing cannabis while still providing them with the benefits associated with cannabis use.

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