Adults only (18+)

Legal Status of Recreational Cannabis in Austria and Vienna

Recreational cannabis remains illegal in Austria, including in Vienna. The Austrian Narcotic Substances Act sets out criminal penalties for unlicensed possession, import, cultivation or distribution of cannabis containing more than 0.3 percent THC. However, possession of small amounts has been decriminalised since 2016, meaning that people found with a personal quantity may receive a fine or diversion instead of prosecution, especially if they have not committed any drug offences in the previous five years. The threshold amount for presumed personal use is defined under regulation, typically amounting to up to around 20 grams of pure THC, which corresponds approximately to 80 to 300 grams of dried cannabis flowers depending on THC content. In practice, Vienna police may issue fines or advice rather than pursue criminal charges in low-level cases, but the possibility of fines, probation or short prison sentences remains, especially for repeat offences or possession of larger amounts.

Medical Cannabis: Legal Access and Regulations

Medical cannabis has been legal in Austria since 2008 under strict conditions. Only the Austrian Agency for Health and Food Safety and its authorised subsidiaries may cultivate cannabis for pharmaceutical purposes. Patients may access only licensed cannabis-based medicines such as dronabinol, nabilone or Sativex, or magistral preparations made in pharmacies by prescription from a physician. The law does not allow prescription of raw cannabis flower, meaning patients cannot legally obtain dried herbal cannabis through normal medical routes. Reimbursement by health insurance is possible in limited cases and requires strong medical justification.

Cultivation and CBD Products

Growing cannabis containing more than 0.3 percent THC is illegal without a licence and is treated as an offence, though cultivation may also be interpreted by courts as attempted production. Cultivation of low-THC plants intended solely to extract cannabidiol, or CBD, may fall outside criminal liability if THC remains under the legal limit and there is no intent to produce narcotic substances. CBD as a pure substance is not regulated as a narcotic under Austrian law. However, products containing CBD are also restricted under novel food and cosmetics legislation. Foods or capsules containing CBD extracts are considered novel foods and must be authorised by the EU commission before legally marketed in Austria. Cosmetics containing cannabis extracts are also prohibited under narcotics rules, even if THC-free.

Enforcement in Vienna and Border Impacts

Since Germany’s legalisation of limited recreational cannabis in 2024, Austrian authorities have intensified checks in border areas, including around Vienna, to prevent cross-border cannabis flow. Plain clothes officers and specialised units have been deployed at checkpoints to enforce Austria’s stricter policy and deter trafficking or consumption of German legal cannabis within Austrian territory. While private possession of small personal amounts may be tolerated, enforcement remains stricter near borders and in higher-risk situations.

Misconceptions and Frequent Questions

A common misconception is that cannabis use is allowed in Austria if the amount is small. Although small personal possession is decriminalised, it remains illegal and can result in fines or administrative measures. Another misunderstanding is that medical cannabis is widely available. In fact, only specific pharmaceutical products or magistral preparations are permitted under close supervision. People frequently assume that growing a few plants is permitted, but cultivating cannabis above the low THC threshold or intending to obtain THC is unlawful. Some believe CBD is entirely unregulated. While CBD is not classified as a narcotic, its use in food or cosmetics faces significant restrictions and requires regulatory approval.

What the Future May Bring

Austria remains cautious regarding cannabis reform. Officials have made clear there are no plans to legalise recreational use even though Germany and other European neighbours have begun liberalising their policies. Discussions continue around public health and the potential benefits of decriminalisation, but no new legislation is currently pending. Vienna adheres firmly to federal law with limited discretion in low-level enforcement. Medical access remains narrow and highly controlled, and CBD product regulation continues evolving in line with EU decisions on novel foods.

Summary

Cannabis is illegal for recreational use in Vienna. Possession of small amounts may be decriminalised and carry only fines or diversion in limited circumstances. Medical cannabis is legal but strictly controlled and limited to authorised pharmaceutical products prescribed by doctors. Cultivation of cannabis above the THC threshold is illegal unless licensed. CBD products may be legal under THC limits but face novel food restrictions. Despite regional cannabis reforms, Austria and Vienna maintain a conservative approach and show no immediate intent to legalise recreational cannabis.