Is CBD Legal in Austria? (Updated September 2024)

Ist CBD in Österreich legal?

Austria’s stance on CBD has evolved significantly over the past few years, making it one of the more complex markets to navigate in Europe. This guide provides a comprehensive overview of the current legal status of CBD in Austria, covering its use as a food supplement, in cosmetics, for pet food, medical purposes, and the cultivation of hemp.

Legality Summary

• Food Supplements: CBD as a food supplement is generally prohibited unless it complies with the EU Novel Food regulations.
• Cosmetics: CBD in cosmetics is permitted under the EU Cosmetics Regulation.
• Pet Food: CBD for pets is not explicitly regulated and is generally considered illegal under food safety laws.
• Medical Use: CBD is allowed for medicinal purposes with a prescription.
• Hemp Cultivation: Hemp cultivation is legal in Austria for varieties with less than 0.3% THC, but requires registration and compliance with agricultural regulations.

History of Cannabis in Austria

The use of cannabis in Austria dates back to ancient times, with evidence of its use in the Neolithic period. Hemp was a significant crop in the country until the introduction of cheaper natural fibres like jute and cotton in the 20th century. The 1961 Single Convention on Narcotic Drugs, to which Austria is a signatory, classified cannabis as a controlled substance, significantly impacting its cultivation and use. Hemp cultivation was reintroduced in the mid-1990s after Austria joined the European Union, allowing for the controlled growth of hemp with low THC content.

Current Drug Laws and Their Impact on CBD and Hemp Regulations

The Austrian Narcotic Substances Act (SMG) governs the legal status of cannabis and its derivatives. Under this law, THC is considered a narcotic, but CBD is not, as it has no psychoactive properties. However, CBD products must comply with stringent regulations to be legal. The Federal Ministry of Social Affairs, Health, Care, and Consumer Protection oversees these regulations, ensuring that CBD products meet safety and labelling requirements.

Detailed Analysis for Each Category

Food Supplements

CBD as a food supplement falls under the EU Novel Food Regulation. This regulation requires that any product marketed as a food or dietary supplement must undergo a safety assessment and receive approval before it can be sold legally. As of now, CBD supplements are generally not authorised in Austria unless they have been specifically approved. Products often circumvent this regulation by being marketed as “aromatic products” or “technical products” to avoid being classified as food.

• Relevant Regulation: EU Novel Food Regulation.
• Current Status: CBD supplements are generally not authorised and can be seized if marketed improperly.

Cosmetics

CBD in cosmetics is permitted under the EU Cosmetics Regulation (EC No 1223/2009). This regulation dictates the safety and labelling requirements for all cosmetic products sold within the EU, including those containing CBD. The product must be free from THC and comply with strict ingredient regulations. You can check the compliance of cosmetic ingredients, including CBD, in the COSING database.

• Regulating Body: Austrian Health Ministry.
• Current Status: Legal if compliant with EU regulations.

Pet Food

The legal status of CBD in pet food is not clearly defined and generally falls under the same stringent food safety laws that apply to human food supplements. The European Food Safety Authority (EFSA) has not yet provided clear guidance on the safety of CBD for animals, leading to a cautious stance in Austria.

• Regulating Body: Austrian Agency for Health and Food Safety (AGES).
• Current Status: Generally considered illegal.

Medical Use

CBD for medical use is permitted under specific conditions. It can only be prescribed by a healthcare professional for certain medical conditions, such as epilepsy, chronic pain, and multiple sclerosis. The Austrian government controls the production and distribution of medical cannabis products through a single entity, ensuring stringent oversight and quality control. For more information on the use of CBD in medicine, you can refer to the World Health Organization’s (WHO) report on CBD.

• Regulating Body: Federal Ministry of Social Affairs, Health, Care, and Consumer Protection.
• Current Status: Legal with a prescription.

Hemp Cultivation

Hemp cultivation is legal in Austria for varieties containing less than 0.3% THC. Farmers must register their crops with the local agricultural authorities and adhere to strict regulations. Cultivation for personal use is permitted, but the plants must remain in a vegetative state and cannot be used for the production of narcotic substances.

• Regulating Body: Austrian Ministry of Agriculture.
• Current Status: Legal with a licence.

Additional Insights

1. Legal Grey Area and Market Loopholes: Many CBD products in Austria are sold as “aromatic products” due to regulatory loopholes. This classification allows sellers to avoid strict food and supplement regulations, although these products must not make any health claims.
2. Changes in 2018: In 2018, Austria tightened its regulations on CBD products due to concerns over safety and quality control. This led to the prohibition of CBD edibles and supplements unless they are authorised under the EU Novel Food regulation.
3. Hemp Cultivation History: Hemp cultivation in Austria peaked during the Second World War but declined with the introduction of cheaper natural fibre alternatives. It was reintroduced in the mid-90s after Austria joined the European Union.

Legal Disclaimer

This article is for informational purposes only and should not be construed as legal advice. The legal status of CBD and hemp-related products can vary and is subject to change. It is strongly recommended to consult with a legal professional or the relevant authorities in Austria before purchasing, using, or selling any CBD or hemp products. The information provided here is based on current laws and regulations as of the date of publication and may not reflect the most recent legal developments.

References and Important Links

• Federal Ministry of Social Affairs, Health, Care, and Consumer Protection
• Austrian Agency for Health and Food Safety (AGES)
• Austrian Ministry of Agriculture
• EU Novel Food Regulation
• EU Cosmetics Regulation
• COSING Database for Cosmetic Ingredients
• European Food Safety Authority (EFSA)
• Wikipedia: Cannabis in Austria