Is LSA (Morning Glory) legal in Austria?
- Legal status
- Controlled in Austria under the new psychoactive substances regime, and not as a narcotic or a psychotrope. The placement is group 11 of the NPS regulation's structural annexes: synthetic ergine fits Annex II group 11 through its 9,10-didehydro-ergoline-8-carboxamide base structure and its amino nitrogen methyl substituent, while the NPS Act defines a substance as a synthetically manufactured chemical compound. Natural seed material is therefore outside the NPS definition, because the Act requires synthetic manufacture. LSA is also chemically distinct from lysergic acid, which is the compound that appears on the EU precursor list, so the precursor regime does not reach it either. NPSG §3(2) authorises the Minister to define chemical substance classes where that is better suited than naming individual substances, and NPSV §1(1) includes both Annex I's named substances and every substance encompassed by Annex II's chemical definitions, with §1(2) enumerating the permitted substituent structures and Annex III illustrating rather than exhausting the groups. A structural overlap does not create simultaneous narcotics and NPS liability: the Suchtmittelgesetz is applied first and this regime only reaches what the SMG does not.
- Consequences if caught
- Capital exposure: none. The maximum here is ten years under NPSG §4(2), for a §4(1) offence resulting in death or serious injuries to a larger number of people. The life ceiling in SMG §28a(5) belongs to the narcotics instrument, and capital punishment to no part of Austrian law. LSA divides by origin rather than by structure, so the same molecule can be inside the NPS offence when manufactured and outside it when it came from seeds. Two years is the base figure under NPSG §4(1), and the shorthand that an NPS ban makes possession an offence is simply not the offence Austria wrote. Section 5 nonetheless permits confiscation unless the lawful purpose exception is met, and §7 supplies customs seizure powers. 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's traveller rule is the authorized purpose rule and there is no other. SMG §5(1) allows a Suchtmittel to be acquired, possessed, produced, processed, carried, imported, exported, offered, transferred or procured only for medical, dental, veterinary or scientific purposes and only as that Act provides, and professional licensing, medical dispensing and travel exemptions each remain subject to their own particular provisions rather than to any general allowance. Because this substance is reached by the new psychoactive substances regime rather than by the narcotics or psychotrope lists, neither the SMG §30(3) medicine exception nor the psychotrope travel certificate applies to it. NPSG §2 excludes lawful medicinal channels from that regime, which is a carve out for products that already hold a medicinal authorisation and not a route a traveller can claim for themselves. LSA has no medicinal listing, and its natural source material is a plant question rather than a prescription question.
- Documentation
- Carry no assumption that an absent name means an unregulated substance, because the NPS annexes work by chemical definition as well as by list and Annex III's illustrations do not exhaust the groups. The origin of the material decides this row, because the Austrian NPS Act reaches synthetically manufactured compounds only. The NPS structural annexes were read at their 18 September 2026 consolidation, with Annexes II and III last amended by BGBl II 106/2024 of 18 April 2024 and Annex I last amended by BGBl II 168/2019.
- Austria, Neue-Psychoaktive-Substanzen-Verordnung, Annex II group 11's 9,10-didehydro-ergoline-8-carboxamide base structure with the NPSG definition of a substance as a synthetically manufactured chemical compound, the structural definitions read at https://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40261441/II_106_2024_Anlage_II.pdf and the illustrations at https://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40261442/II_106_2024_Anlage_III.pdf, the regulation itself at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007642
- the offence and the definitions of substance and scope are Neue-Psychoaktive-Substanzen-Gesetz §§1 to 5, read at https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007605
- 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 structural amendment applied is BGBl II 106/2024 at https://www.ris.bka.gv.at/eli/bgbl/II/2024/106
- at that placement the reading also covered this: the EU precursor annexes were checked for the related acid, which is listed there, and this compound was found to be chemically distinct from it
- 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
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.
Before you travel
Verify current rules with the destination country’s official drug authority and your own country’s embassy before traveling. Find the destination’s U.S. embassy & official country guidance →
Non-U.S. travelers: check your own government’s travel advisory and embassy.
If you’re detained or arrested abroad
Contact your own country’s embassy or consulate in the destination immediately, not the destination’s authorities. U.S. citizens: contact the nearest U.S. embassy/consulate and the U.S. State Department at +1-202-501-4444 (from abroad). If a U.S. citizen is arrested or detained abroad →
