Is Cannabis / THC legal in Austria?

Legal status

Controlled under the Suchtmittelgesetz (SMG) — possession punishable (§27, no legal minimum); depenalized for first-time small-quantity personal use; medical = synthetic cannabinoids only

Consequences if caught

DISAMBIGUATION: depenalized, NOT legalized. There is NO legal minimum quantity — possession of any amount for personal use is punishable (§27, up to 6 months prison or a fine). BUT under "Therapie statt Strafe" (§35) small-quantity personal use is typically provisionally suspended from prosecution (1–2 year probation) if the person accepts counselling/treatment. Consumption itself is not criminalized, but the possession that precedes it is. For cannabis the Grenzmenge (threshold quantity) is 40 g THCA, above which the offence becomes dealing. Above the Grenzmenge (threshold quantity) the offence becomes dealing/trafficking under §§28/28a — up to 1–3 years, escalating to 10–15 years for commercial or organized cases.

If prescribed or medical

Medical cannabis is limited to synthetic/pharmaceutical cannabinoids only (dronabinol, Sativex, nabilone) — no flower; there is no recreational legalization.

Documentation

Medical cannabis is limited to synthetic/pharmaceutical cannabinoids only (dronabinol, Sativex, nabilone) — no flower. There is no recreational legalization (the Constitutional Court upheld prohibition in July 2022). Carry any controlled medicine with its prescription and original packaging and confirm requirements with your embassy before travel.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Austria’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.