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Legality · Amphetamine

Is Amphetamine legal in Austria?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Austria controls this as a Suchtgift under the Suchtmittelgesetz. In the Suchtgiftverordnung, Annex IV.1 carries the single German word Amphetamin. The salts clause and the preparations clause that close IV.1 then carry that single word into every salt and every preparation of it. The line the schedule prints is the name and nothing more, so it proves placement and carries no operative words of its own; the prohibition comes from SMG §5(1), which confines every Suchtmittel to medical, dental, veterinary and scientific purposes, and the offences from SMG §27 onwards. Designation works by delegation: SMG §2(1) makes a substance a Suchtgift only where the 1961 Single Convention subjects it to restrictions on production, possession, trade, import, export, handling or use and the Federal Minister for Health has designated it as a narcotic by regulation, and the Suchtgiftverordnung is the regulation that does so through the annexes its §1 assigns. Each annex is read on its own terms. The extension clauses differ between I.1.c, I.2, II, IV.1, V.1 and V.2, and SV §1(5) supplies the isomer rule for all of them without becoming a general analogue provision.
Consequences if caught
Capital exposure: none. What this row exposes a person to runs as far as life imprisonment, carried by SMG §28a(5) and by nothing else, for leadership within a larger connection of people committing §28a(1) conduct. No Austrian offence is capital. Amphetamine is an Annex IV.1 narcotic, and SMG §28b requires its threshold to be calculated on the pure active substance, so cutting agents do not raise the figure. The everyday tiers are §27(1) at one year or 360 day fines and §27(2) at six months for exclusively personal use, with §27(2a) reaching two years for the specified paid supply in a public transport vehicle. The threshold those tiers turn on is fixed by SMG §§28b and 31b on the pure active substance, so a gross mixed weight cannot be laid against it and the numeric figure changes with the compound. Separately from that, and carried forward from this site's published Austria entry rather than re-derived from the Suchtmittelgesetz in this pass, the published penalties are these. Austrian practice is depenalised and not legalised, and the published entry says so in those terms. There is no legal minimum quantity, and possession of any amount for personal use is punishable under section 27, up to six months in prison or a fine. Under Therapie statt Strafe at section 35, small quantity personal use is typically provisionally suspended from prosecution on one to two years of probation where the person accepts counselling or treatment. Consumption itself is not criminalised, but the possession that precedes it is. Above the Grenzmenge, the threshold quantity, the offence becomes dealing or trafficking under sections 28 and 28a, up to one to three years, escalating to ten to fifteen years for commercial or organised cases. Every figure in this paragraph is a penalty range or a fine and none of them is a quantity threshold. They describe the offences that this row's placement in the Austrian Suchtgift and psychotrope lists brings into play.
If prescribed or medical
Austria's traveller rule is the authorized purpose rule and there is no other. SMG §5(1) allows a Suchtmittel to be acquired, possessed, produced, processed, carried, imported, exported, offered, transferred or procured only for medical, dental, veterinary or scientific purposes and only as that Act provides, and professional licensing, medical dispensing and travel exemptions each remain subject to their own particular provisions rather than to any general allowance. Because this substance is a Suchtgift, the psychotrope non punishment route in SMG §30(3) is not available to it: that provision reaches medicines containing a psychotropic substance, and a narcotic is not one. The travel certificate fields that close Annexes 2 and 3 of the Psychotropenverordnung belong to the psychotrope system in the same way. Where a dispensed amphetamine narcotic medicine exists it is inside the authorized purpose rule and loose powder never is, but what this source establishes is the Annex IV.1 designation and not that any particular Austrian product is authorised.
Documentation
Carry the dispensing pack, the prescription and a prescriber's letter naming the patient, the active substance, the dose and the treatment period, because the authorized purpose in SMG §5(1) has to be demonstrable at the moment it is questioned. An amphetamine medicine is a narcotic medicine in Austria, not an ordinary one. The narcotics list was read at its 18 September 2026 consolidation, whose last listed amendment is BGBl II 180/2026 published 10 July 2026, which is a dated source horizon rather than a guarantee that no later instrument exists.
Primary sources
  • Austria, Suchtgiftverordnung Annex IV.1, the entry Amphetamin, read at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10011053
  • the designation power is Suchtmittelgesetz §2(1) and the offences are §§27, 28 and 28a with the life ceiling at §28a(5), read at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10011040
  • RIS is the official publisher
  • its open data notice at https://www.ris.bka.gv.at/UI/Ogd.aspx places the reused material under Creative Commons Attribution 4.0 International and requires attribution, and its imprint at https://www.ris.bka.gv.at/UI/Impressum.aspx identifies the signed authentic gazette instruments as the binding text and disclaims accuracy, currency and completeness for the consolidated versions
  • the list amendment applied is BGBl II 180/2026 at https://www.ris.bka.gv.at/eli/bgbl/II/2026/180/20260710
  • at that placement the reading also covered this: Annex IV.1 was read from its first entry to its closing extension clauses at page 32, and the separately listed dextroamphetamine entry was noted in the same pass
  • read as at 18 September 2026.
  • the section 27, 35, 28 and 28a penalties stated above are carried forward from this site's published Austria entry, which cites the Suchtmittelgesetz and the Suchtgift-Grenzmengenverordnung. They were not re-derived from either instrument in this pass, and that entry's own framing, depenalised and not legalised and no legal minimum quantity, is carried with them

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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