Is Mephedrone (4-MMC) legal in Austria?
- Legal status
- A Suchtgift in Austrian law, listed rather than inferred. In the Suchtgiftverordnung, Annex V.2 lists it under the chemical name 4-Methyl-Methcathinon and does not print the street name mephedrone at all. A search for the word mephedrone in the Austrian instrument returns nothing, and that absence proves nothing about its status. This row is the clearest demonstration of why an absent street name is not an exemption. The line the schedule prints is the name and nothing more, so it proves placement and carries no operative words of its own; the prohibition comes from SMG §5(1), which confines every Suchtmittel to medical, dental, veterinary and scientific purposes, and the offences from SMG §27 onwards. Designation works by delegation: SMG §2(1) makes a substance a Suchtgift only where the 1961 Single Convention subjects it to restrictions on production, possession, trade, import, export, handling or use and the Federal Minister for Health has designated it as a narcotic by regulation, and the Suchtgiftverordnung is the regulation that does so through the annexes its §1 assigns. The annex's own closing words reach the salts and preparations it names, and SV §1(5) adds stereoisomers and pharmacologically comparable positional isomers on top. The general preparation exclusion requires exclusively diagnostic or analytical use, no application to humans or animals, and no more than 0.001 per cent of each controlled substance, so it is not a low dose allowance.
- Consequences if caught
- Capital exposure: none. Austria's real ceiling on this substance is life imprisonment under SMG §28a(5), which offers ten to twenty years or life to a leader within a larger connection of people committing §28a(1) conduct, the death penalty having no place in Austrian law. Mephedrone is an Annex V.2 narcotic under its chemical name, so the full Suchtgift scale applies however the powder was sold. SMG §27(3) and §27(4) allow up to three years for commercial commission and for the specified minor enablement or criminal association conditions, and §27(5) cuts the listed cases back to one year where dependence and self funding are made out. The threshold those tiers turn on is fixed by SMG §§28b and 31b on the pure active substance, so a gross mixed weight cannot be laid against it and the numeric figure changes with the compound. 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
- 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 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 mephedrone medicine is established here, and the substance's absence under its street name does not create a gap a traveller could use.
- Documentation
- Carry the dispensing pack, the prescription and a prescriber's letter naming the patient, the active substance, the dose and the treatment period, because the authorized purpose in SMG §5(1) has to be demonstrable at the moment it is questioned. The Austrian entry is 4-Methyl-Methcathinon, so searching for mephedrone in the list will mislead. 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.
- Austria, Suchtgiftverordnung Annex V.2, the entry 4-Methyl-Methcathinon, 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: a search on the street name was run against the whole instrument and returned nothing, which is why the chemical name in the annex is the only route to the entry
- 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
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If you’re detained or arrested abroad
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