Is Kratom legal in Austria?

Legal status

Not a designated drug in Austria, and the reason is a finding rather than a silence. Natural kratom leaf has no narcotics or psychotrope designation, and it sits outside the NPS Act because that Act defines a substance as a synthetically manufactured chemical compound. Food marketing still requires the applicable novel food authorisation under the EU regulation. The isolated alkaloids are a different question: mitragynine and 7-hydroxymitragynine each have their own determination in this table, and both of those could not be settled.

Consequences if caught

Capital exposure: none. Austria reaches this row through product and consumer law rather than through the drug instruments, so the SMG ladder never starts and its life ceiling in §28a(5) has nothing to attach to, in a country that executes nobody. Kratom leaf carries no SMG tier, and the unresolved questions in this corpus attach to its isolated alkaloids rather than to the leaf. Because the applicable rule is not a drug offence, the SMG threshold machinery in §28b and the diversion route in §35 have nothing to operate on here either. 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

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 is not a Suchtmittel at all, the authorized purpose rule in SMG §5(1) does not reach it, and neither the psychotrope medicine exception in SMG §30(3) nor the travel certificate fields closing the Psychotropenverordnung's Annexes 2 and 3 have anything to attach to. Kratom is not a Suchtmittel and has no prescription route, so a traveller's question about it is a food marketing question rather than a drug one.

Documentation

Carry nothing under the drug instruments, because none of them designates this substance. The leaf and the isolated alkaloids are answered separately, and the alkaloid rows are the unresolved ones. The product, food and consumer instruments were read on 18 September 2026, and the narcotics, psychotrope and NPS sweep that produced the negative findings was run on the same date.

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.