Is CBD Legal in Austria?

Ist CBD Legal in Österreich?

Is CBD Legal in Austria? To answer this question it depends on the amount and type of cannabinoids it contains and the type of plant it originated from. Cannabis and Hemp are regulated under the Austrian Narcotic Substances Act

Industrial hemp must not contain more than 0.3% THC after flowering. Hemp products can be purchased legally, except for psychoactive cannabis containing THC. Consumption of cannabis is technically non-punishable, but possession, purchases and passing it on to others are illegal.

CBD (Cannabidiol) has no psychoactive properties and no potential for abuse. Hence, it is not categorized as an addictive substance and is not regulated via the Narcotic Substance Act

Is CBD Oil Legal in Austria?

There is no restriction on CBD in Austria, which means CBD Oil is legal, as long as it doesn’t contain any psychoactive cannabis. Due to Austrian rules and regulations, products with a THC content higher than 0.3% are considered illegal

CBD is not categorized as a medical substance in Austria. In other countries, like Germany, CBD is listed as a pharmaceutical substance. For this reason, CBD is eligible to be sold legally in Austria.

When the planned amendment on The Narcotic Substances Act (SMG) comes into force CBD will not become illegal

Cannabis Legality in Austria

Possession of small amounts for personal use was decriminalized in 2016. It is legal to grow cannabis plants at home and it is not a criminal offence to smoke cannabis in public, but buying, selling, gifting or possessing cannabis is a criminal offence.

Legal Loopholes:

The law states that the sale of cannabis plants is legal in the vegetative phase, provided that it is not used “for other purposes”. As long as a hemp plant is not brought to bloom, it is legal to grow and possess hemp. The selling of the hemp plant for the purpose of “aromatherapy and decoration” is allowed

This allows companies like Flowery Field, to operates via this legal loophole. They are a flower shop that specializes in hemp, located near Vienna. They are the largest hemp wholesalers in Austria, producing 25,000 cannabis plants per week and offer over 100 different varieties of hemp.

Medicinal Cannabis in Austria

Austria legalised cannabis for medicinal and scientific use in July 2008, but has not made locally grown cannabis available to it’s medical cannabis patients. The bill gave the exclusive right to grow cannabis to a single government department under control of the Health Ministry.

The import and sale of Dronabinol and Sativex are permitted with a special license.

Legality of Hemp in Austria

It is legal to grow hemp varieties containing a maximum of 0.3% THC, for fibre, oil, and all other non-psychoactive uses. Austria mainly produces hemp fibre for textiles and construction materials, and produces smaller quantities of oilseed crops.