Lyla Lindsey
In Austria, the illegal use of drugs is primarily regulated in the Suchtmittelgesetz (SMG), or the Austrian Act on addictive substances. The SMG makes a distinction between the illegal use or handling of drugs and drug dealing. The illegal handling of drugs is punishable by law, with offenders facing prison sentences or fines. Drug dealing, particularly in large amounts or as part of a larger drug-related organization, can result in more severe penalties, including prison sentences of up to 20 years or even life imprisonment. Cannabis, for example, is legal in Austria for scientific and limited medical use but illegal for recreational use. Possession of small amounts of cannabis for personal consumption has been decriminalized, but the purchase, importation, exportation, transportation, or cultivation of cannabis is still considered a punishable offense.
Characteristics of drugs that are illegal in Austria
| Characteristics | Values |
|---|---|
| Law | Suchtmittelgesetz (SMG) or Austrian Act on addictive substances |
| Drug use | Illegal as a general rule, with exceptions for medical and scientific use |
| Possession | Illegal, but small amounts for personal use decriminalized |
| Acquisition | Illegal |
| Production | Illegal |
| Import and export | Illegal |
| Drug dealing | Illegal, with higher penalties for those in a leading capacity within a drug-related organization |
| Psychotropic substances | Illegal, with penalties similar to those for drug dealing |
| Prosecution | Emphasis on treatment for "small-time" and addicted offenders |
| Prison sentence | Up to one year or a fine for illegal handling of drugs |
| Maximum penalty | Reduced to a six-month prison sentence or a fine if for personal use |
| Offering drugs in public places | Up to two years in prison |
| Commercial dealing | Higher penalties |
| Medication | Allowed for up to 30 days with a prescription |
| Cannabis | Legal for scientific and limited medical use, illegal for recreational use |
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What You'll Learn
Cannabis is illegal for recreational use
In Austria, the illegal use of drugs is primarily regulated in the Suchtmittelgesetz (SMG), or the Austrian Act on addictive substances. As a general rule, the illegal use of drugs is a criminal offence. While the possession of small amounts of cannabis for personal use was decriminalised in 2016, cannabis remains illegal for recreational use in Austria.
The SMG makes a distinction between the illegal use or handling of drugs and drug dealing. Under the SMG, the offender may face a prison sentence of up to one year or a fine. The penalty may be reduced to a maximum of a six-month prison sentence or a fine if the drugs are exclusively for personal use. However, offering drugs in public transport or public places can result in a prison sentence of up to two years.
According to the Addictive Drugs Act, the production, import, and sale of recreational cannabis are strictly prohibited. The Act also specifies that products containing flowers or fruits from certain hemp varieties are not considered addictive substances if their THC content does not exceed 0.3% before, during, and after the production process. This means that cultivating full-THC cannabis plants is illegal, but cultivation is permitted up to the point of flowering or reaching THC content levels of 0.3%, which would be classified as a CBD product.
The purchase, importation, exportation, transportation, or cultivation of cannabis is a punishable offence in Austria. Offenders may face high fines or imprisonment of up to 360 days. In addition, 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 Act also prohibits the illegal purchase, ownership, production, transportation, import, export, offering, transfer, or procurement of cannabis, as well as the cultivation of the cannabis plant for obtaining addictive drugs.
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Medical use is allowed in small amounts
Drug laws in Austria are regulated by the Suchtmittelgesetz (SMG), or the Austrian Act on addictive substances. The law states that the illegal use of drugs is a criminal offence, with a few strictly regulated exemptions, such as medical use. While drugs are not tolerated or legal in small amounts for recreational use, Austria's drug policy emphasizes treatment for "small-time" and addicted offenders. For example, the prosecution of individuals apprehended with small amounts of drugs may be provisionally terminated if they agree to a probationary period and undergo therapy.
When it comes to bringing medication into Austria, travellers are generally allowed to carry medicines that they require for their own personal needs or for a pet travelling with them. It is important to note that the amount brought into the country should not exceed the traveller's requirements for 30 days. If the stay is longer than 30 days, individuals can have the medication prescribed by an Austrian doctor, and it is recommended to bring a letter from their doctor in their home country.
Bringing medication for personal needs does not require a permit, as long as it is in the original packaging and does not exceed three retail packs of the smallest size. However, for addictive drugs, proof of personal needs in the form of a doctor's confirmation is required. Additionally, if the certificate is not in German, a certified translation should be provided.
While the SMG distinguishes between the illegal use and handling of drugs and drug dealing, it is important to note that drug production and dealing, especially in large amounts, are actively prosecuted and can lead to severe punishments. The penalties for dealing with psychotropic substances, as listed in the UN Convention, are generally lower.
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Drug dealing carries heavy penalties
The severity of the penalty for drug dealing depends on several factors, including the amount of drugs involved and the nature of the dealing. If the drugs are intended for personal use, the maximum penalty is reduced to six months in prison or a fine. However, offering drugs in public places or on public transport can result in a prison sentence of up to two years.
The penalties increase significantly for commercial drug dealing. If the offender is dealing drugs as part of a larger drug-related organization, they may face a prison sentence of up to 10 or 20 years, or even a life sentence. The penalties are based on the amount of drugs involved, with higher amounts resulting in harsher punishments. For example, if the threshold amount is exceeded by 15 or 25 times, the offender may face even higher penalties.
Under Austrian law, the preparation of drug dealing is also a criminal offence. The maximum penalty for this offence can be between three and ten years in prison, depending on various factors. For addicted offenders, the maximum penalties are slightly lower, ranging from one to five years in prison. Preparation includes the production, acquisition, possession, or transportation of drugs with the intent to sell or distribute them.
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Drug production is actively prosecuted
Drug production and dealing are actively prosecuted in Austria, especially when done in large amounts. The country's drug law, the Suchtmittelgesetz (SMG) or Austrian Act on addictive substances, makes a distinction between the illegal use or handling of drugs and drug dealing.
Drug Production and Dealing
Under § 28 SMG, the preparation of drug dealing alone is a criminal offence. The maximum penalty can be between three and ten years in prison, depending on different factors. For addicted offenders, the maximum penalties are slightly lower, with one to five years in prison. The law defines preparation as the production, acquisition, possession, or transportation of drugs with the intent to bring them onto the market.
Drug Dealing
§ 28a SMG punishes drug dealing itself. A person handling drugs in quantities exceeding the threshold amount may face a prison sentence of up to five years. Several factors can lead to higher maximum penalties, including commercial drug dealing, which can result in a prison sentence of up to ten years.
Drug Use and Handling
The illegal use of drugs is generally a criminal offence in Austria, with a few strictly regulated exemptions, such as medical use. The SMG renders the illegal handling of drugs punishable by law, with offenders facing a prison sentence of up to one year or a fine. The maximum penalty is reduced to a six-month prison sentence or a fine if the drugs are intended for personal use. Offering drugs in public transport or places can result in a prison sentence of up to two years.
Prosecution and Punishment
Austria's drug policy emphasizes treatment for "small-time" and addicted offenders. Those apprehended with small amounts of drugs may have their prosecution provisionally terminated, provided they undergo therapy. Addicted offenders facing sentences of less than five years may also be eligible for treatment under specific conditions. However, more severe drug offences, such as dealing large amounts of drugs, are subject to substantial criminal punishment.
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Importing drugs is illegal
In Austria, the illegal use of drugs is primarily regulated in the Suchtmittelgesetz (SMG), or the Austrian Act on addictive substances. The SMG makes an important distinction between the illegal use or handling of drugs and drug dealing. The law also mentions the acquisition, possession, production, import, and export of drugs.
The penalties for the illegal handling of drugs in Austria can result in a prison sentence of up to one year or a fine. The maximum possible penalty is reduced to a six-month prison sentence or a fine if the drugs are exclusively intended for personal use. Offering drugs in public transport or public places can result in a prison sentence of up to two years. Drug production and dealing, especially in large amounts, are actively prosecuted and can lead to severe punishments.
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Frequently asked questions
The Suchtmittelgesetz (SMG) or the Austrian Act on addictive substances.
The illegal use of drugs is a criminal offence. However, the law focuses on treatment more than punishment for small-time and addicted offenders. If the drugs are exclusively intended for personal use, the maximum penalty is a six-month prison sentence or a fine.
Drug dealing is treated more severely. Being part of a larger drug-related organisation in a leading capacity can result in a prison sentence of up to 10 or 20 years, or even a life sentence.
The SMG defines handling as the acquisition, possession, production, import, and export of drugs. The illegal handling of drugs is punishable by up to one year in prison or a fine. The penalty can be higher or lower depending on several factors, such as the amount of drugs and where they are offered.
Yes, travellers can bring prescription medication for up to 30 days. For longer stays, medication can be prescribed by an Austrian doctor, and a letter from the traveller's doctor in their home country is recommended.
