Not yet medically reviewed, information on this site is in preparation and has not been verified by a medical reviewer.
Legality · DMT

Is DMT legal in Austria?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Controlled as a Suchtgift, placed there by regulation rather than by the statute itself. In the Suchtgiftverordnung, Annex V.1 carries the three letters DMT. The same annex then extends itself to all preparations of the narcotics it names, which is how brews and infusions containing it are reached. That entry is a bare name. It establishes placement and nothing else, and the conduct rules live in SMG §5(1) and in the §27 offence rather than in the schedule line. The statute does not carry the list. SMG §2(1) sets a two part test of convention restriction plus ministerial designation, SMG §2(3) allows a national addition where a substance has a comparable danger potential by reason of its effect and spread, and the Suchtgiftverordnung annexes supply the designation. 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. Life imprisonment is where this ladder ends, in SMG §28a(5), for §28a(1) conduct committed while leading a larger connection of persons. Nothing capital exists anywhere in the Austrian code. DMT is an Annex V.1 narcotic, and the preparations clause means a liquid containing it is charged on the pure substance rather than the volume. SMG §28a(3) reduces the §28a(1) and §28a(2) ranges to three and five years under the §27(5) dependence and self funding conditions, and §28(4) applies the parallel reductions of one, three and five years to the §28 tiers. SMG §35(1) lets the prosecution step back provisionally for a probation period of one to two years where the act was exclusively for personal use and brought the accused no advantage, which is conditional diversion and not permission. 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
There is one country level rule here and it is SMG §5(1): medical, dental, veterinary and scientific purposes are the only ones for which a Suchtmittel may be acquired, possessed, carried, imported or exported, and only on the Act's own terms. Travel exemptions, professional licensing and medical dispensing sit inside their own provisions, so no free standing traveller allowance exists above them. 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. No Austrian medicinal listing for DMT is established in the material read, so the limb that could realistically apply is the scientific one, under its own licence.
Documentation
Carry the original dispensing packaging together with the prescription and a signed prescriber's statement of the patient, the substance, the daily dose and the length of treatment, since a narcotic designation puts the burden of showing an authorized purpose on the person holding it. DMT control is what makes an ayahuasca brew controlled, so the two rows answer together. 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 V.1, the entry DMT, 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: the V.1 clause covering all preparations of the narcotics in that annex was read as the route onto liquid and plant material, since no brew is named anywhere
  • 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.

Other substances confirmed in Austria