A Look at Austria’s Cannabis Regulation: It’s complicated

A Look at Austria’s Cannabis Regulation: It’s complicated

When it comes to cannabis regulation, every country does it a little differently.

CannaTech, the international platform that connects industry leaders and influencers from all over the world, is pleased to bring you the first in our CannaTech Global Round Up Series. This conversation will unfold in earnest as we discuss the challenges and the progress made in European Cannabis Regulation in our “New Frontiers -Regulatory Mini Forum”  and in several other sessions presented this October on our CannaTech UK stage.  What follows is a peek into Austria’s regulatory framework regarding cannabis and cannabis medicine.

Austria has one of the most unique, if not downright peculiar, positions on the the legality of cannabis.

The short version: It’s complicated.

For the longer version…read on.

Austria is a small, German speaking country in the Northern Alps, and they enjoy relatively liberal drug laws in regards to private citizen use. Generally, little to no focus is put on personal use, instead, the law focuses almost exclusively on sale, production and trafficking. They have used this approach for decades, although 2008 ushered in (slightly) new legislation.  

Basically, it is legal to grow cannabis plants at home and it is not a criminal offence to smoke cannabis in public. As one Austrian performance artist said in a recent video interview with Merry Jane, “Vienna is very laid back about smoking [cannabis]. Nobody cares in Austria if you smoke weed.”

However, buying, selling, gifting or possessing cannabis is a criminal offence, creating a very strange dichotomy in Austrian culture and practice.

Through a legal loophole approved in 2008, growing cannabis became legally “privileged” in Austria, meaning that it is less severely prosecuted than “producing” cannabis. With this in mind, Alexander Kristen founded  Flowery Field, a flower shop that specializes in hemp, located just outside of Vienna. They are the largest hemp wholesalers in Austria and employ 40 people on staff and produce 250,000 hemp seedlings every week.

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. It was on this basis that Kristen founded his company twelve years ago.

So when exactly does hemp cross the threshold from legal and decorative to illegal and criminal? Simple: When the buds are separated from the plant. Oh, and one more thing, production and cultivation are limited to less than 10% THC per 200 grams of cannabis.

Excess of this is considered a major crime, prosecutable by law.

“We have a strange legal situation. Consumption of a [cannabis] joint is forbidden, but the selling of the hemp plant as a room air quality improver or a decorative plant is allowed,” said Toni Straka of the Hemp Institute in Austria. He estimates that 300,000 seedlings are sold in Austria each month.

Despite the 2008 law that permitted the cultivation of cannabis for medicinal and scientific purposes, Austria has yet to make government-grown and sanctioned cannabis available to its medical cannabis patients. The import and sale of Dronabinol and Sativex are permitted with a special license.

Many forecast that as their German neighbours make strides in their approach to cannabis medicine, Austria may very well follow suit.

To learn more about cannabis policy and innovation across Europe and beyond, join us live at CannaTech in London.

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This Post Has 14 Comments

  1. This is most interesting. In California, there are dispensaries that sell cannibis products that are most beneficial for those suffering a variety of medical problems. Cannibis is highly regulated but it can be bought for a small price and one can even use it for recreational purposes. I have a good friend that is using cannibis tinctures (the oil) that are helping with her glaucoma. California (USA) is most progressive when it comes to Cannibis. As for the rest of the USA, it is a state-by-state process of regulation transformation. The process is slow and most complex as cannibis regulaton at the federal level is most onerous. So, what is the current status of cannibis regulation in Österreich? And, how does that affect othe member states in the EU?

    1. There are many many shops in the city center selling the “non budded” version and one can smell it on many streets. Vienna until recently(1. Nov. 2019) allowed smoking nicotine in bars and restaurants as well and shops are allowed to market it.
      It does not affect any other member of the EU, it is an internal affair. If this was to be EU wide, all members would have to decide together, in Brussels or Strassbourg, any single state holds no such power. It might encourage others to consider it to via media, but thats about it.

  2. I saw that if you grow Marijuana, untill it is flowering, it is considered legal. And also I found that the THC levels are less than 0.3% in that stage. So what is the use of growing plant..? My question is; is it possible to grow one plant or two for personal use.? Will it cause a risk of being caught after the flowering stage..?

    1. Worry no more,we do safe and secured delivery of medical cannabis to Austria on weekly basis,we have been doing so for over 5years today..Message us through Wickr …
      Username is bayardpope..to place your order and more details

  3. I wish Austria considers the positive effects of cannabis legalization. Thanks for sharing this info!

    1. Worry no more,we do safe and secured delivery of medical cannabis to Austria on weekly basis,we have been doing so for over 5years today..Message us through Wickr …
      Username is bayardpope..to place your order and more details

  4. Oh

  5. Does anyone know if you can ship a used (twice) but thoroughly cleaned with alcohol to Vienna Austria?

    1. Worry no more,we do safe and secured delivery of medical cannabis to Austria on weekly basis,we have been doing so for over 5years today..Message us through Wickr …
      Username is bayardpope..to place your order and more details

  6. Now cannabis is being discussed all over the world. Austria and other European countries are getting involved. I salute the cannabis communities worldwide. I join!

  7. guys, im from austria and just got my prescription for dronabinol. it was a long way. i hope things get easier soon. guess we need a schwarzenegger like you guys had

  8. I find it so interesting how smoking a joint is considered a crime yet buy a hemp plant as an air quality improver is legal. I’ve been reading a lot about the legalities of marijuana around Europe and I found this great article that talks about cannabis laws in Madrid. I’ll leave in case anyone’s interested https://marijuanagames.org/cannabis-laws-in-madrid-spain/

  9. Alexis Payne, a senior Physics major at the College of Charleston, is studying abroad during Spring 2014 through an exchange program with Johannes Kepler University in Linz, Austria.

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