Can I use or grow cannabis in Austria?
No — unlike Germany, recreational cannabis is not legal in Austria. Growing, possessing, buying and passing on THC cannabis are all offences under the Narcotics Act (SMG, § 27). Even possessing a small amount for personal use can bring up to 6 months' imprisonment or a fine. On growing: owning a plant up to flowering is not punishable, but once THC-bearing flowers form it becomes a criminal offence — regardless of the number of plants. CBD (non-intoxicating) may be bought and used from 18; CBD flowers are sold only through licensed tobacconists (Trafiken). In short: no — THC stays illegal, CBD is allowed.
📋 The rules
- Growing, possessing and buying THC cannabis are offences
- Personal-use possession: up to 6 months' prison possible
- Plants once flowering = criminal offence (any number)
- CBD is legal from 18
- CBD flowers only via licensed tobacconists
🔓 Exceptions
- Medical cannabis is legal on prescription
- First-time personal use: usually 'therapy not punishment'
- Certified industrial hemp (low THC) is legal for farmers
⚠️ Penalties & fines
Possession for personal use can bring up to 6 months' imprisonment or a fine (up to 360 daily rates) under § 27 SMG; larger amounts and dealing escalate to multi-year prison terms. For a first offence with a small personal amount, prosecution is usually diverted to a health measure ('therapy not punishment') for up to 2 years. Beware a myth: "cannabis is now legal in Austria like in Germany" is false — Germany partially legalised in 2024, Austria did not, and German rules don't apply across the border. Tip: if you've used cannabis, don't drive — at the wheel you risk licence withdrawal and heavy penalties.
📎 Official sources
❓ Frequently asked
Is cannabis legal in Austria?
No. Unlike Germany, Austria has not legalised recreational cannabis. Growing, possessing, buying and passing on THC cannabis all remain offences under the Narcotics Act. Only non-intoxicating CBD, and medical cannabis on prescription, are permitted.
What happens with a small amount?
Possessing a small amount for personal use is an offence, but for a first offence the case is usually resolved with a health measure ('therapy not punishment') and set aside for up to two years rather than a conviction. It still remains a punishable act, however.
Can I grow cannabis at home?
Owning a plant up to the flowering stage isn't punishable. But as soon as THC-bearing flowers form, that counts as possession of a narcotic and is an offence, regardless of how many plants you have. In practice, growing can hardly be done legally.
Is CBD allowed?
Yes. CBD products without an intoxicating effect can be bought, possessed and used from age 18. Since 2026, CBD flowers may only be sold through licensed tobacconists. Watch the permitted THC limit, otherwise a product can be legally classed as a narcotic.
Is medical cannabis available?
Yes. Doctors can prescribe cannabinoid medicines, and with a valid prescription it's legal to obtain and possess them. This falls under separate medicines law, not under the criminal rules for recreational cannabis.
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