Austria: Market and regulatory data analysis of the cannabis sector

19th June 2024: Austria: The Federal Ministry of Social Affairs, Health, Care and Consumer Protection has issued a health warning against the vaping products “CBD cartridge, Bedtime” and “CBD cartridge, Energize” from the manufacturer Euphoria Trade. According to the ministry, if the oil gets into the lungs when inhaled it can lead to serious respiratory diseases, and it has advised consumers not to use the products and dispose of them immediately.
29th April 2024: Austria: The opposition and minority Freedom Party has tabled two motions in Parliament calling on the Ministry of Health and the Ministry of the Interior to work at European level to ensure that drug policy is not relaxed. The party specifically mentions the dangers of cannabis use and that more attention should be paid to the illegal import of drugs from Germany.
17th July 2023: Austria: The Federal Ministry of Social Affairs, Health, Care and Consumer Protection has drawn up a non-exhaustive list of prohibited substances in tobacco products and e-liquids, which includes, for nicotine-containing products, cannabidiol, THC and HHC. The list is intended to specify the ingredient restrictions set by the Tobacco and Non-Smoker Protection Act.
13th April 2023: Austria: Christian Stocker, general secretary of the governing People’s Party, has said the party is firmly against the idea of following Germany’s example in legalising recreational cannabis, media reports. “We firmly reject the legalisation of cannabis in Austria,” Stocker said. “A normalisation of cannabis use would only facilitate entry into drug abuse.”
23rd March 2023: Austria: Health minister Johannes Rauch’s office has confirmed to CannIntelligence that the sale of all hexahydrocannabinol (HHC) products, including leftover stock, is prohibited from today. The substance has been added to the New Psychoactive Substances Ordinance by order of the Ministry of Social Affairs, Health, Care and Consumer Protection.
28th February 2023: Austria: The Federal Ministry for Social Affairs, Health, Care and Consumer Protection has notified the EU of a draft amendment to the Ordinance on New Psychoactive Substances in order to include hexahydrocannabinol (HHC) and its derivatives on the banned list. The Ministry of Health told the press: “If HHC is produced synthetically, it is currently not subject to the Narcotic Drugs Act in Austria and therefore not subject to any legal prohibition.”
8th February 2023: Austria: The opposition liberal party NEOS has put forward a motion asking the federal government to specifically include hexahydrocannabinol (HHC) in the New Psychoactive Substances Ordinance. It says: “While a reform of Austria’s addictive substances policy is more than overdue, making individual products widely available through loopholes in the law poses an enormous risk from a health perspective.” According to the Ministry of Labour, Social Affairs, Health and Consumer Protection (BMASGK), hemp extracts are only legal if there is no possibility of abuse or intoxication.
20th September 2022: Austria: Transport minister Leonore Gewessler, of the centre-left Green Party, is drawing up a bill to place a legal limit on THC for driving a vehicle, similar to the alcohol limit, press reports. She said: “According to the impairment principle, a distinction must be made between consumption that may have taken place days ago and present ability to drive. Clear criteria for this would also mean simplification of the testing procedure.” The ministry is currently looking at the procedures already being used in some other EU countries.
19th July 2022: Austria: The Constitutional Court has unanimously rejected an individual application which sought to declare the private growing and consumption of recreational cannabis "unconstitutional". According to the court, cannabis legalisation is a political decision and not a legal or constitutional question.
18th July 2022: Austria: Interior minister Gerhard Karner of the centre-right Austrian People’s Party has said Germany's cannabis legalisation plan was “completely the wrong way” and that any such move “will not exist here”, press reports.
14th June 2022: Austria: The Constitutional Court is to consider whether the current law under which the personal cultivation, possession and consumption of cannabis are criminal offences is compatible with the Austrian Constitution. A verdict is expected in July.
31st May 2022: Austria: A ruling by the Federal Finance Court stated that the sale of hemp flowers (under 0.3% THC) is subject to the Tobacco Tax Act. The court understood that hemp flowers are objectively suitable for smoking, and products that consist entirely or partially of substances other than tobacco can also be considered smoking tobacco, and thus are subject to tobacco tax regulations. The applicable tax is based on the retail price. An appeal to the Administrative Court is still possible.

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