What is the legal position in Austria?

In Austria, cannabis is regulated differently from Germany. The cannabis plant is subject to the Narcotics Act (Suchtmittelgesetz, SMG), and growing it to obtain narcotics is prohibited. This is the most important difference from the German Consumer Cannabis Act (KCanG), which allows home cultivation within narrow limits. Status of the source: the current version of the Narcotics Act in the Federal Legal Information System (RIS), accessed on 26 October 2026.

Cannabis in the Narcotics Act

Section 2(4) of the Austrian Narcotics Act states that poppy straw and the cannabis plant are subject to the restrictions of the Act. The plant itself is therefore regulated before any product is made from it. Anyone growing plants is within the scope of the Act from the start.

Possession and acquisition under § 27 SMG

Under § 27(1) SMG, anyone who acquires, possesses, produces, transports, imports, exports, or offers, transfers or procures narcotics in breach of the rules is punishable by up to one year’s imprisonment or a fine of up to 360 daily rates. The same applies to growing the cannabis plant for the purpose of obtaining narcotics. Where the offence is committed solely for personal use, § 27(2) SMG provides for imprisonment of up to six months or a fine of up to 360 daily rates. How these provisions apply to a particular case is decided by authorities and courts. The SMG contains further rules, for example on larger quantities. Assessing an individual case is a matter for a lawyer.

The growing ban and its exceptions

Under § 6(2) SMG, growing plants to obtain narcotics is prohibited. Exceptions exist for research and for the manufacture of medicines. For growing cannabis for medicinal products, § 6a(1) SMG provides that only the Austrian Agency for Health and Food Safety (AGES) may grow cannabis for medicinal products.

Reporting offences committed for personal use

A special rule is found in § 13(2a) SMG. It concerns suspected offences under § 27(1) and (2) SMG committed solely for one’s own personal use or the personal use of another person, where the person gained no advantage from them. In these cases, a public authority that learns of the suspicion notifies the district administrative authority (Bezirksverwaltungsbehörde), acting as health authority. No criminal complaint is filed in these cases. What follows in an individual case depends on the circumstances. Courts and authorities decide case by case.

Medical cannabis compared

In Germany, cannabis for medical purposes may only be prescribed by doctors. It is dispensed to end users only in a pharmacy against presentation of the prescription (§ 3 Medical Cannabis Act, MedCanG). In Austria, growing for medicinal products lies with AGES. Both countries therefore combine medicine with state control, but at different points.

The comparison at a glance

Topic	Germany	Austria
Home cultivation	Up to three plants at the same time at the place of residence (§ 3(2), § 9 KCanG)	Growing to obtain narcotics prohibited, with exceptions for research and medicines (§ 6(2) SMG)
Possession	Up to 25 grams from the age of 18 (§ 3(1) KCanG), up to 50 grams at the place of residence in total (§ 3(2) KCanG)	Possession without authorisation is punishable under § 27 SMG
Medical growing	Prescription only by doctors, dispensing only in pharmacies (§ 3 MedCanG)	Growing only by AGES (§ 6a(1) SMG)

Terms that are often confused

• Suchtgift (narcotic substance): the term the Austrian law uses for the substances it covers.
• Bezirksverwaltungsbehörde (district administrative authority): the administrative authority at district level to which reports go in the cases described.
• AGES: the Austrian Agency for Health and Food Safety (Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH).

What the difference means for consumers

Anyone who possesses cannabis in Germany under the Consumer Cannabis Act changes their position fundamentally by moving or travelling to Austria. Possession that is permitted here under certain conditions is assessed in Austria under the Narcotics Act. Home cultivation, which in Germany is tied to strict rules, is prohibited in Austria insofar as it aims to obtain narcotics. Anyone moving should know the rules of the new place of residence before possessing or growing cannabis.

Health and counselling

Regardless of the legal position, health protection remains the most important issue. According to the BIÖG, the brain of young people is in an important stage of development, and cannabis can affect that development. Roughly one in eight people who use cannabis becomes dependent. These risks apply in Austria just as they do in Germany. Anyone worried about their own use does not have to wait for a crisis. In Germany, the Sucht & Drogen Hotline can be reached on 01806 313031. For counselling in Austria, contact local counselling services.

Common misunderstandings

A common error is to assume that a German rule applies in the neighbouring country in the same way. Each country applies its own law, and the rules in Austria are set out in the Narcotics Act. Anyone living or travelling there should therefore follow those rules. The German rules described in this article do not apply there. The RIS shows the version of the law currently in force.

What residents and travellers should know

The Consumer Cannabis Act applies only in Germany. The possession and cultivation rules from Germany cannot be transferred to Austria.

• Check the current legal position in the RIS before travelling.
• If you face proceedings in Austria, consult a lawyer.
• For health questions, see a doctor.

More on the comparison with other countries is in the article Which countries have legalised cannabis?. The international framework is covered in the article on the UN drug conventions. How another country has structured its market is shown in the article on Uruguay.