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Legality · Benzodiazepines

Are Benzodiazepines legal in Austria?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Controlled member by member in Austria as psychotropic substances, and the class label is not itself a status. Flunitrazepam sits alone in Psychotropenverordnung Annex 1 point 1 and requires the special narcotic prescription form under PV §10(3); that form requirement does not move it into the narcotics instrument. Every other named member sits in Annex 1 point 2, and the instrument names them one at a time: alprazolam, bromazepam, bromazolam, brotizolam, camazepam, chlordiazepoxide, clobazam, clonazepam, clonazolam, clorazepate, clotiazepam, cloxazolam, delorazepam, diazepam, diclazepam, estazolam, ethyl loflazepate, etizolam, flualprazolam, flubromazolam, fludiazepam, flurazepam, halazepam, haloxazolam, ketazolam, loprazolam, lorazepam, lormetazepam, medazepam, midazolam, nimetazepam, nitrazepam, nordazepam, oxazepam, oxazolam, phenazepam, pinazepam, prazepam, temazepam, tetrazepam and triazolam. Six of those members carry their own rows in this table: diazepam, alprazolam, clonazepam, lorazepam, etizolam and nimetazepam, and each of them resolves to Annex 1 point 2. The prescription regulation separately covers benzodiazepine medicines as a class, marked for no repeat dispensing, in both the human and veterinary lists, but an unlisted designer member does not acquire psychotrope status from that medical classification. Zolpidem has its own entry and is not classified here as a benzodiazepine. So the class label covers a prescribing category, while the schedule carries individual names, and the two are not the same set.
Consequences if caught
Capital exposure: none. The ceiling for every member of this class is ten years, under SMG §31(3) for preparation above the threshold as a member of a criminal association and SMG §31a(3) for trafficking in that form. The life ceiling in SMG §28a(5) belongs to the narcotics instrument, which holds no benzodiazepine at all. Below that, §30(1) reaches one year or 360 day fines for unauthorized acquisition, possession, carriage, import, export or supply, §30(2) reaches six months for exclusively personal use, §31(1) and §31(2) reach two and five years for preparation, and §31a(1) and §31a(2) reach three and five years for trafficking. Flunitrazepam's special prescription form under PV §10(3) is a prescribing control and adds nothing to those figures. SMG §31b requires the threshold to be taken on the pure active substance, which matters for tablets of very different strengths. 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 SMG §5(1), and for this class the important second provision is SMG §30(3). That subsection removes punishment under §30(1) and §30(2) where a medicine containing a psychotropic substance, not exceeding the threshold, is acquired, possessed, carried, imported or exported for personal use or for the needs of an animal, or is offered, transferred or procured without advantage. Every member of this class that is an authorised medicine is inside that wording, which is why a dispensed benzodiazepine course is an ordinary medical item in Austria and not a dangerous drug. The Psychotropenverordnung closes its Annexes 2 and 3 with travel certificate fields, and that certificate is the documented route. Two qualifications matter. Flunitrazepam needs the special narcotic prescription form under PV §10(3), so its paperwork is heavier than the rest. A designer member bought as a research chemical is not a medicine, so §30(3) does not reach it however closely it resembles a prescribed one.
Documentation
Carry the dispensed pack and the prescription naming the patient, the active substance, the strength and the treatment period, and obtain the psychotrope travel certificate whose fields close Annexes 2 and 3 of the Psychotropenverordnung. Name the molecule rather than the class, because the schedule lists forty two individual substances and a class description does not identify any of them. For flunitrazepam bring the special narcotic prescription form required by PV §10(3). The psychotrope placements were read at the 18 September 2026 consolidation whose last list amendment is BGBl II 394/2024 of 19 December 2024, and the class prescription entry at the prescription regulation consolidation listing BGBl II 282/2025.
Primary sources
  • Austria, Psychotropenverordnung Annex 1 point 1 for flunitrazepam and point 2 for the forty one named members, with the prescription regulation's class entry for benzodiazepine medicines marked NR
  • the psychotrope instrument read at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10011054 and the prescription regulation at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10010358
  • the designation power is Suchtmittelgesetz §3(1) and the offences are §§30, 31 and 31a with the ten year ceiling at §§31(3) and 31a(3), 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 394/2024 at https://www.ris.bka.gv.at/eli/bgbl/II/2024/394/20241219
  • 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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