Cannabis Laws in Vienna

The short version

Cannabis is a controlled substance in Austria under the Suchtmittelgesetz (SMG) — the Narcotic Substances Act. That law applies in Vienna the same as anywhere else in the country. Possession, purchase, cultivation, import, and sale are all criminal offences on paper ^[1][2].

In practice, if Vienna police catch you with a small amount for personal use, the case is usually reported to the public health authority rather than prosecuted, and you are offered a health-focused intervention (assessment, sometimes counselling or drug testing) under §35 SMG. If you comply, the prosecutor typically drops the case ^[1][3]. This is often described in the press as 'de facto decriminalization,' but legally it is a diversion, not decriminalization — the conduct is still illegal, and repeat cases, larger amounts, or dealing accusations change everything ^[3].

This article is informational and not legal advice. Laws and enforcement practices change; if you have a specific situation, consult an Austrian lawyer (Rechtsanwalt).

Personal possession and use

Under §27 SMG, unauthorized possession of a controlled substance for personal use is punishable by up to one year imprisonment, or up to two years if the amount exceeds the Grenzmenge (threshold quantity) ^[2]. For cannabis, the Grenzmenge is defined by ordinance in terms of pure THC content (currently 20 grams of THC), not raw flower weight ^[2][4].

For small personal-use cases, §35 SMG requires prosecutors to provisionally withdraw the case if the person accepts a health-authority review. The Vienna health authority (MA 15 / Sucht- und Drogenkoordination Wien) handles these referrals and may require a medical assessment, a short counselling session, or periodic drug testing depending on the case ^[3][5].

Practical notes:

• Consumption itself is not a separate offence — the crime is possession. But you must possess it to consume it, so this distinction rarely helps in practice.
• Public consumption can attract additional attention from police and, near schools or with minors present, aggravating factors under §27(3) SMG.
• Driving after cannabis use is a separate serious offence under the Führerscheingesetz; there is no legal per-se THC blood limit like alcohol's 0.5‰, but any detectable impairment can cost you your license ^[6].

Dealing, supply, and larger amounts

Once you cross from 'personal use' into supply, penalties escalate quickly. §28 and §28a SMG cover preparation for trafficking and trafficking itself, with penalties ranging from up to three years for basic supply offences to one to fifteen years for organized or large-scale trafficking ^[2].

The diversion mechanism of §35 SMG does not apply to supply offences. Selling to a minor, selling near a school, or being part of a criminal group are all statutory aggravators ^[2]. Vienna prosecutors and courts treat these seriously, and foreign nationals convicted of drug supply offences can face residence-permit and deportation consequences under the Fremdenpolizeigesetz ^[7].

Home growing

Cannabis seeds and non-flowering plants are legal to sell and possess in Austria, which is why Vienna has visible 'grow shops' (Hanfshops) selling seedlings, clones, nutrients, and equipment ^[8]. This has been the case since a 2008 change to the SMG that clarified the law applies to the substance (THC-containing plant material), not to seeds or ornamental non-flowering plants ^[8].

The moment a plant begins to flower and produce THC, possession becomes a criminal offence under the SMG — even if you never harvest it. In practice this means:

• Buying a clone at a Vienna grow shop is legal.
• Growing it as an 'ornamental' plant is a legal grey area that stops being grey the moment buds form.
• Multiple flowering plants, lights, and processing equipment can push a case from personal possession into cultivation for supply under §28 SMG, with much harsher penalties ^[2][8].

Some media reports have described this as a 'loophole' ^[8]; treat that framing with skepticism. The threshold between legal seedling and illegal drug is genuinely thin, and police do raid home grows.

Medical cannabis

Austria does not have a medical cannabis flower program comparable to Germany's or the Netherlands'. What is available in Vienna:

• Dronabinol (synthetic THC) can be prescribed as a magistral preparation by any physician and dispensed by pharmacies. It is used for chronic pain, chemotherapy-induced nausea, MS spasticity, and appetite loss in wasting conditions ^[9].
• Nabilone (Canemes) is licensed for chemotherapy-induced nausea and vomiting ^[9].
• Nabiximols (Sativex), a THC:CBD oromucosal spray, is licensed for MS spasticity ^[9].
• Cannabis flower is generally not prescribed. AGES (the Austrian Agency for Health and Food Safety) grows cannabis, but the harvest is processed into dronabinol rather than dispensed as flower ^[10].

Insurance coverage (through ÖGK and other funds) is possible but not automatic and usually requires chief-medical-officer (chefärztliche) approval ^[9]. See also Medical Cannabis in Austria for a fuller treatment.

CBD in Vienna

You will see CBD oil, CBD flower, and CBD cosmetics sold openly in Vienna shops and online. The legal situation is messier than the storefronts suggest.

The Austrian Ministry of Health issued guidance in 2018 (and reaffirmed since) stating that CBD extracts intended for ingestion are considered novel foods under EU Regulation 2015/2283 and require authorization that has not been granted for most products ^[11]. CBD sold as a cosmetic or aroma product (with a 'not for consumption' label) sits in a tolerated grey zone. Enforcement has been inconsistent ^[11][12].

Additional constraints:

• The product must contain less than 0.3% THC to be considered non-narcotic under Austrian implementation of the EU industrial hemp rules ^[11].
• CBD flower is a particular problem: even when THC is below threshold, it is visually indistinguishable from illegal cannabis, and Vienna police have on occasion seized it pending lab testing ^[12].
• Medical claims on CBD products are prohibited under pharmaceutical and food-labelling law ^[11].

Recent and expected changes

As of the last verification (June 2024), Austria has not legalized or decriminalized recreational cannabis. Political discussion has continued — the Greens have supported reform while in coalition, and various proposals have been floated — but no legalization bill has passed ^[13]. Germany's April 2024 partial legalization (the CanG law) has increased pressure and public debate in Austria, and Austrian officials have publicly expressed concern about cross-border effects, particularly around Salzburg, but this has not translated into legal change in Vienna ^[13][14].

If you are reading this well after mid-2024, verify current status with a primary source before relying on anything here. Good starting points:

• RIS (Rechtsinformationssystem) for the current text of the SMG ^[2].
• Sucht- und Drogenkoordination Wien for Vienna-specific enforcement and health-referral practice ^[5].
• A qualified Austrian Rechtsanwalt for anything involving your own legal exposure.

Not legal advice.

Sources

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