Cannabis — Austria
What travelers need to know about cannabis in Austria. What is legal at home can be a serious crime here — each rule links to its official source.
Cannabis in Austria: prohibited — what is legal at home can be a serious crime here.
Cannabis is illegal in Austria - possessing even a small amount for your own use is a crime under section 27 of the Narcotic Substances Act (Suchtmittelgesetz), punishable by up to six months in prison or a fine. First-time personal-use cases are usually not brought to trial: the prosecutor must provisionally drop the case for a probation period of one to two years, and for cannabis this normally happens without a health assessment - but that is a conditional reprieve, not legalisation, and it can be made conditional on agreeing to treatment. Cannabis herb and resin may not be brought into Austria at all, even with a foreign prescription and a Schengen certificate.
Possession solely for personal use: up to six months in prison or a fine of up to 360 daily rates (section 27(2) SMG). Other unlawful handling, including acquiring, importing or passing it on: up to one year (section 27(1)). Supplying for payment in a public place or on public transport: up to two years (section 27(2a)). Commercial dealing: up to three years (section 27(3)). Above the statutory threshold quantity of 20 g of pure THC, trafficking offences under section 28a start at up to five years, rising to one to ten years at fifteen times the threshold and one to fifteen years at twenty-five times. Prosecutors must provisionally drop personal-use cases for a probation period of one to two years (section 35 SMG), and the court does the same after indictment (section 37).
§ Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt - Suchtmittelgesetz