Is Weed Legal in Austria?

Recreational marijuana is illegal in Austria, but medical cannabinoid medicines are legally available. The Suchtmittelgesetz (Narcotic Substances Act, SMG), in force since 1998, governs all cannabis offenses, and a 2016 amendment shifted small-quantity personal use toward administrative handling rather than criminal prosecution.

Possession of small amounts (typically interpreted as under a few grams) triggers a health-services referral under SMG Section 35, and prosecution is usually deferred if the user accepts counseling. Quantities above the small-amount threshold, cultivation, and any sale activity remain criminal under SMG Sections 27 and 28, with prison sentences ranging from up to one year for simple offenses to ten or fifteen years for organized trafficking. The Bundeskriminalamt and provincial police lead enforcement. Driving with any THC in the blood violates the Fuhrerscheingesetz and triggers license suspension regardless of impairment level.

The Austrian Agency for Health and Food Safety (AGES) is the only legal cultivator, supplying cannabinoid raw materials to the pharmaceutical pipeline. Austrian patients cannot be prescribed dried cannabis flower, which separates Austria from neighboring Germany and Czechia.

This page is for informational purposes only and does not constitute legal advice. Verify current law with qualified counsel before making compliance decisions.