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Legality · Gabapentin

Is Gabapentin legal in Austria?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Not a designated drug in Austria, and controlled instead as a prescription medicine. The placement is the Rezeptpflichtverordnung: the prescription regulation lists gabapentin in part 2 of its Annex A and marks it RP, meaning a prescription is required. The narcotics, psychotrope and new psychoactive substances sweep did not establish any separate drug designation for it. A prescription entry applies to medicines and not automatically to every use of a raw chemical. AMG §7 sets the authorisation requirements with their exceptions, and §59 provides that medicines may be supplied only through pharmacies except where §§57 and 58 or the following provisions say otherwise.
Consequences if caught
Capital exposure: none. The exposure here is a medicines exposure, because neither the narcotics nor the psychotrope instrument designates this substance, so no SMG tier ever starts and no life term is available. Austria has no death penalty either. Gabapentin is a prescription medicine and nothing more, so no narcotics or psychotrope tier reaches it at any quantity. The figures are fact specific. AMG §84(1) reaches EUR 25,000, or EUR 50,000 on repeat, for the offences it lists, while the separate §83(1) dispensing breaches reach EUR 7,500, or EUR 14,000 on repeat. 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. This row is placed outside that regime, so they are recorded as Austria's published drug penalties and not as this substance's exposure.
If prescribed or medical
Austria publishes no per substance traveller route. SMG §5(1) is the single rule: a Suchtmittel may be handled only for medical, dental, veterinary or scientific purposes and only as the Act allows, with the travel, licensing and dispensing exemptions each governed by their own provisions. Because this substance carries no narcotic and no psychotrope designation, SMG §5(1) does not govern it and neither the psychotrope medicine exception nor the psychotrope travel certificate is in play. The medicines regime applies instead: AMG §7 sets the authorisation requirements with their exceptions and §59 confines the supply of medicines to pharmacies except where §§57 and 58 or the following provisions say otherwise. Gabapentin is a prescription only medicine, so the question at a border is the prescription and the dispensing, not a drug schedule.
Documentation
Carry the labelled pack and the prescription that produced it, since the whole of the Austrian control here is a prescription requirement. Gabapentin carries no Austrian drug designation, only a prescription requirement. The prescription regulation was read on 18 September 2026 at the consolidation listing BGBl II 282/2025 as its latest amendment, through page 49 and including the exception and warning annexes.
Primary sources
  • Austria, Rezeptpflichtverordnung, Annex A part 2 of the prescription regulation, the gabapentin entry marked RP, read at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10010358
  • the surrounding authorisation and pharmacy supply rules are Arzneimittelgesetz §§7 and 59 with the penalties at §§83(1) and 84(1), read at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10010441
  • 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
  • at that placement the reading also covered this: the narcotics, psychotrope and NPS instruments were each searched in the same pass and none of them returned an entry, so the prescription marking is the whole of the control
  • 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
  • the placement was confirmed against the regulation itself on 21 September 2026, read from the consolidated text whose own header reads Gesamte Rechtsvorschrift für Rezeptpflichtverordnung, Fassung vom 21.09.2026, 49 pages. The line printed is «GABAPENTIN» carrying the status code RP, in A. HUMANARZNEIMITTEL, Teil 2. The regulation defines that code itself as Rezeptpflichtig, prescription required. That is a reading of the instrument in this pass and no longer a citation carried forward

Court records

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

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