Drug possession laws in Austria are strictly enforced, with penalties varying based on the type and quantity of the substance, as well as the circumstances of the offense. The Austrian Narcotic Substances Act (Suchtmittelgesetz, SMG) governs these regulations, with a clear distinction between personal use and trafficking.

Here’s what you need to know.

What are the laws that prohibit drug possession in Austria?

Drug possession for recreational purposes is prohibited in Austria under the Suchtmittelgesetz (SMG), or Narcotic Substances Act, which came into effect in 1998.

Under this law, drugs are categorized into three groups: narcotic drugs (such as cannabis – the drug, but not the plant with the same name or it’s non-psychoactive products such as CBD – and cocaine), psychotropic substances (like benzodiazepines), and precursors (chemicals that can be used to produce drugs like methamphetamines).

This division has been created so that there is some discretion regarding the sentences handed out for possessing different substances. 

Possession of any amount of these substances for personal use, however, without a prescription from a doctor, is illegal and punishable by law.

What are the likely outcomes if I’m caught with illegal drugs for my personal use?

The penalties depend on the quantity of the substance you are found with, alongside several other factors.

You will likely receive an administrative fine, which typically ranges from €100 for a first offence to upwards of €1000.

Again, this varies widely depending on the quantity and the specific substance involved.

READ ALSO:  Is cannabis legal in Austria?

Incarceration is also a possibility, with a custodial sentence of up to six months possible – although these are rare, and a term of probation is far more likely. 

Of course, if police suggest that you consumed any drugs in your possession while driving, fines of  €800 and €3,700 are possible, and your license could be suspended for up to six months.

Are there any alternatives to fines or imprisonment?

Yes, first-time offenders or those with obvious substance abuse problems are far more likely to be diverted into treatment programs. This is known as Therapie statt Straf, or ‘Therapy instead of punishment’. 

This generally involves a course that can last for several weeks and the requirement to return negative blood or urine tests for the drug.

Can I be stopped and searched by Austrian police?

Austrian police, whether federal or state, can stop you if they have a suspicion that you have illegal drugs or if you are in the act of committing another crime. 

However, they would need a warrant to search your private property.

Otherwise, random checks of both your person and property can be carried out at border crossings, airports and other high-security areas, so it is advisable to avoid carrying any illicit substances in such environments. 

Editor’s note: Updated to clarify that cannabis, when referring to the drug also known as marijuana or weed, is illegal in Austria. However, the cannabis plant or other non-psychoactive products, such as CBD, are regulated but not illegal.