Weed Legality In Austria: What's The Current Status?

The legal status of cannabis in Austria is complicated. While it is decriminalised for personal use, it is not officially legal. The exception is medical marijuana, which can be prescribed to patients with certain conditions. Recreational cannabis is illegal, but penalties for possession of small amounts are minor. Austria's regulations on the use and cultivation of marijuana are included in the 1998 Narcotic Substances Act, which was enacted after the country joined the EU. With Germany recently legalising cannabis for adult use, Austria is now facing pressure to re-evaluate its own cannabis policies.

Cannabis is decriminalised in Austria, but not legal

Cannabis is decriminalised in Austria, but it is not legal. While the possession of small amounts of cannabis for personal use was decriminalised in 2016, the sale, purchase, importation, exportation, transportation, and cultivation of cannabis are punishable offences.

The laws surrounding cannabis in Austria are complex and fall into a so-called "grey zone". While trade and production are theoretically prohibited, possession for personal use and cultivation of a small amount of cannabis are not prosecuted by the police. However, the sale and cultivation of marijuana are considered crimes, and those caught dealing with large quantities of banned substances face imprisonment of two to three years, five years' imprisonment for import, and one year to twenty years' imprisonment for drug trafficking and membership in a criminal group.

Medical cannabis is legal in Austria, but highly restrictive and regulated. Only three cannabis-based products—Sativex, Nabilone, and Dronabinol—are permitted to be prescribed to patients with specific qualifying conditions, and cannabis flowers are prohibited. The Austrian Chamber of Pharmacists has been lobbying for the use of cannabis for medical purposes, but no changes in policy are expected.

Recreational cannabis is illegal in Austria, but it is decriminalised. While it is illegal to buy or possess recreational cannabis, penalties for possession of small amounts are minor, similar to a parking violation. Interestingly, Austrians are allowed to cultivate an unlimited number of their own non-flowering cannabis plants at home, as long as the THC content remains below 0.3%.

The future of cannabis in Austria is uncertain. While there is no clear legislative path to legalising recreational cannabis, a case challenging the ban on personal-use cannabis is pending before the Austrian Supreme Court. With Germany's recent legalisation of cannabis for adult use, there may be increased pressure on Austria to re-evaluate its cannabis policies.

Medical cannabis is legal, but highly restricted

Medical cannabis is legal in Austria, but it is highly restricted. The use of medicinal cannabis in Austria dates back to the mid-1800s, when Empress Elisabeth of Austria took it to stimulate her appetite and suppress coughing. However, the country's modern medical marijuana program is still emerging.

Medicinal cannabis has been legal in Austria since 2008, but its use is limited to only three cannabis-based products: Sativex, Nabilone, and Dronabinol. These products can only be prescribed to patients with specific qualifying conditions, such as AIDS, cancer, multiple sclerosis (MS), or certain nervous system disorders. Additionally, cannabis flowers are prohibited.

The process of obtaining medical cannabis in Austria is challenging due to issues with access to insurance reimbursement and the inability of private companies to enter the market. Doctors and insurance companies are often sceptical about cannabis treatment, making specialists reluctant to prescribe it and insurers hesitant to cover the costs. As a result, Austrians are pushing for full legalization to improve access to medical cannabis.

While it is legal to cultivate an unlimited number of non-flowering cannabis plants at home, these plants must contain less than 0.3% THC, as per European Union regulations. This low THC threshold means that the plants cultivated are classified as CBD products rather than marijuana.

The sale and cultivation of marijuana in Austria are considered crimes, and possession of any drugs can result in fines or imprisonment, depending on the amount carried. However, possession of small amounts of cannabis for personal use has been decriminalized since 2016, and individuals found with small quantities may only face fines.

Recreational cannabis is illegal, but people can grow their own non-flowering plants

The use of recreational cannabis is currently illegal in Austria. However, since 2016, possession of small amounts of cannabis for personal use has been decriminalised, with penalties for possession being similar to those for a parking violation.

The sale of cannabis seeds and plants is legal in Austria, and individuals are permitted to cultivate an unlimited number of non-flowering cannabis plants at home, provided that the THC content does not exceed 0.3%products containing flowers or fruits from hemp varieties with a THC content below 0.3% are not considered addictive substances under the Addictive Drugs Act.

CBD, or cannabidiol, is also legal in Austria as it is not defined as an addictive drug and is therefore not subject to drug laws. However, foods containing CBD extracts are considered "novel foods" and require a separate license and authorisation for commercialisation.

While the cultivation of non-flowering cannabis plants is permitted, the purchase, importation, exportation, transportation, and cultivation of cannabis for recreational purposes remain punishable offences in Austria, with offenders facing high fines or imprisonment.

CBD is legal, but CBD foods are not

The legal status of cannabis in Austria is complex. While it is decriminalised for personal use, it is not officially legal. The exception is medical marijuana, which can be obtained through prescription.

The Austrian government has introduced regulations that ban CBD in food and cosmetic products. However, pure CBD is not considered an addictive substance and is therefore not subject to drug laws. This means that CBD is legal, but CBD-infused foods are not.

In 2018, the Austrian government introduced regulations applicable to novel foods, under which food and cosmetic products containing CBD were banned. This was justified by the government as a way to address the lack of quality control and safety measures for cannabidiol products. However, Austrian citizens can still buy hemp products with CBD if they contain less than 0.3% THC. The main change is that manufacturers and sellers cannot market their products as medicines or supplements, only as flavoured goods or raw materials.

CBD-infused foods are considered "novel foods" by the Federal Ministry for Health, and businesses are required to obtain a separate license and authorisation before bringing CBD-based edibles to the market. The European Food Safety Authority (EFSA) has expressed concerns about potential hazards related to CBD intake, and therefore, it has not been approved as a novel food.

While CBD is legal in Austria, the sale, purchase, and possession of recreational cannabis are strictly forbidden and can result in fines or imprisonment.

Austria is tightening its border with Germany to prevent cannabis entering the country

Austria is tightening its border with Germany to prevent cannabis from entering the country, despite the former's complicated history with the drug. While Austria has decriminalised the possession of small amounts of cannabis, it remains illegal for recreational use.

In 2016, Austria decriminalised the possession of small amounts of THC for personal consumption. This means that those in possession of a small amount of cannabis will not be pursued if they have not been implicated in any drug-related offences in the previous five years. However, the purchase, importation, exportation, transportation, or cultivation of cannabis is still a punishable offence. Those found guilty of such offences face high fines or imprisonment of up to 360 days.

The sale of cannabis seeds and plants is legal in Austria, and it is possible to cultivate an unlimited number of non-flowering cannabis plants at home. However, none of the plants can be flowering, and they must contain less than 0.3% THC.

Despite this, Austria remains one of Germany's neighbours that is taking a hard-line approach to cannabis prohibition. In April 2024, Germany legalised the cultivation, possession, and consumption of cannabis for adults. In response, Austria has increased its efforts to enforce cannabis prohibition at checkpoints along the Austria-Germany border.

Interior Minister Gerhard Karner stated 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." Law enforcement officers in plain clothes and impairment recognition specialists will be deployed at checkpoints as part of the heightened enforcement effort.

Austria's decision to tighten its border control with Germany highlights the country's ongoing debate about cannabis legalisation. With Germany taking steps towards legalisation, it remains to be seen whether Austria will follow suit or continue its strict enforcement of cannabis prohibition.

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