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Legality · DOM

Is DOM legal in Austria?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Controlled in Austria as a Suchtgift, a narcotic in the strict statutory sense. In the Suchtgiftverordnung, Annex V.1 carries both of its historical names, STP and DOM. Listing the older street name alongside the chemical abbreviation removes any argument that a sample sold as STP is a different substance. Reading the entry yields the placement only. No article, condition or operative provision sits inside it, and the working law is SMG §5(1) together with the §27, §28 and §28a offences. Austria designates by delegated regulation rather than by naming substances in the Act. SMG §2(1) requires both convention restriction and a ministerial designation, and the annexes of the Suchtgiftverordnung are that designation. SV §1(5) extends a listing to every stereoisomer and to those positional isomers whose structural similarity gives a comparable pharmacological effect, and it is not an open analogue clause; the annexes I.1.c, I.2, II, IV.1, V.1 and V.2 carry their own salts, esters, ethers and preparations extensions, which are read where they sit and not transplanted.
Consequences if caught
Capital exposure: none. The ceiling Austria does carry here is life imprisonment, and it sits at a single point: SMG §28a(5) provides ten to twenty years or life for a person who commits the §28a(1) conduct while acting in a leading role within a connection of a larger number of people. Capital punishment was abolished and plays no part. DOM is an Annex V.1 narcotic, so its exposure is the same Suchtgift scale that reaches the other listed phenethylamines. Beneath that the ladder is ordinary. SMG §27(1) reaches one year or 360 day fines for unauthorized acquisition, possession, production, carriage, import, export, offering, transfer or procurement, and §27(2) reduces that to six months or 360 day fines where the act is exclusively for personal use. Confiscation runs separately under SMG §34 by reference to StGB §26, and SMG §33 removes financial offence punishability for the same act on its stated conviction or diversion conditions, so a second fine is not simply added. 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
The rule that governs every traveller in Austria is SMG §5(1). It confines the acquisition, possession, production, processing, carriage, import, export, offering, transfer and procurement of a Suchtmittel to medical, dental, veterinary and scientific purposes, and the particular travel, licensing and dispensing provisions operate inside it rather than around it. 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. Nothing in the material read establishes a DOM medicine, so no patient route can be asserted for it under either of its listed names.
Documentation
Carry the labelled pharmacy pack and the paperwork that names you as the patient, states the active substance and dose, and gives the treatment period, because nothing about a narcotic is presumed lawful in Austria. A sample sold as STP is the same listed entry as DOM. 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 STP, DOM, 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: both of the historical names printed on the entry were read, which is what forecloses an argument that material sold under the older one is a different substance
  • 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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