Is CBD legal in Austria?
David ReichUpdated:The essentials at a glance:
CBD is generally permitted in Austria provided that no controlled narcotics are involved. Dried hemp flowers containing a maximum of 0.3% THC are classified as herbal smoking products. They may only be sold in licensed tobacco shops, and online sales are prohibited. Possession and consumption are allowed, while indoor smoking bans still apply. Many CBD oils intended for oral use are not authorised for sale. CBD can be used in cosmetic products subject to applicable regulations. Medicinal products such as Epidyolex are only available on prescription. For travel, tobacco regulations and allowance limits apply.
Legal status of CBD
Scroll / pinch to zoom, drag to move. Colours are for orientation only. No legal guarantee.
Green: mostly legal
Yellow: restricted
Red: prohibited
Unknown
Which CBD products can be THC-free?
Before looking at CBD law in Austria, it helps to know which products can contain CBD but little or no THC. THC is usually the legally sensitive substance.
- CBD oils and tinctures – liquid drops, usually taken under the tongue.
- CBD capsules and tablets – food‑supplement style products with a set CBD amount.
- CBD edibles – gummies, chocolate, drinks and other CBD‑containing foods.
- CBD vape products – e‑liquids and vape pens for inhaling CBD vapour.
- CBD skincare products – creams, ointments, lotions and balms used on the skin.
🔍 To sum up
In Austria, CBD itself is not a narcotic, but many CBD products – especially hemp flowers – are tightly regulated under tobacco and customs law rather than drugs law.
Is CBD legal in Austria? Key points at a glance
- Pure CBD as a substance is not classified as a narcotic in Austria. Dried hemp/CBD flowers with ≤ 0.3% THC are not treated as narcotics, but under tobacco law they count as “herbal smoking products”. (jusline.at, ris.bka.gv.at)
- Following decisions in 2024/2025, non‑narcotic hemp flowers ≤ 0.3% THC are subject to tobacco duty and the state tobacco monopoly. In principle, they may only be sold in licensed tobacconists (“Trafiken”) and not online. (bmf.gv.at)
- Possession and consumption are allowed if the product is not classed as a narcotic and you respect smoking bans (for example in restaurants, public transport and indoor spaces). (ris.bka.gv.at, usp.gv.at)
- Many CBD oils and extracts for oral intake are not considered marketable foods by Austrian authorities. Prescription CBD medicines (such as Epidyolex) are permitted. (ages.at, ema.europa.eu)
- Entry into Austria: travellers from non‑EU countries face duty‑free limits similar to tobacco; travellers from EU Member States can generally bring in products for personal use duty‑free, but Austrian tobacco‑monopoly rules and duties can apply if allowances are exceeded. When unsure, declare your goods. (bmf.gv.at)
- Practical point: always carry certificates of analysis (CoA) showing THC content, plus original packaging and proof of purchase.
Core legal basis for CBD law in Austria (brief overview)
- Narcotic Drugs Ordinance (Suchtgiftverordnung, SV) – Annex I: “Cannabis (marijuana)” is a narcotic. Industrial hemp flowers/products with ≤ 0.3% THC are excluded if no simple or economically viable extraction of a narcotic is possible. (ris.bka.gv.at)
- Narcotic Drugs Act (SMG) § 27: regulates unlawful handling of narcotics – it only applies if a product is actually classified as a narcotic. (ris.bka.gv.at)
- SMG § 6a: cultivation of cannabis for medicinal products is reserved to AGES (Austrian Agency for Health and Food Safety) and its subsidiary. (360.lexisnexis.at)
- TNRSG (Tobacco and Non‑Smoker Protection Act): classifies hemp/CBD flowers as “herbal smoking products” and sets notification, labelling and advertising requirements, including health warnings. (jusline.at, 360.lexisnexis.at)
- Administrative Court ruling 02.06.2020 (Ro 2020/11/0002): confirms dried hemp flowers as herbal smoking products under tobacco law. (ris.bka.gv.at)
- Administrative Court ruling 21.11.2024 (Ro 2024/16/0006) and practice from 2025: hemp flowers ≤ 0.3% THC are subject to tobacco duty and the tobacco monopoly; as a rule, they may only be sold via tobacconists. (bmf.gv.at)
- CJEU case C‑663/18 (“Kanavape”): at EU level, CBD is not treated as a narcotic under the UN conventions; the free movement of goods applies and national bans must be proportionate. (curia.europa.eu)
- AGES guidance: clarifies how Austrian authorities classify CBD foods, “related products” under tobacco law, and medicines. (ages.at)
What CBD products are allowed in Austria for tourists and residents?
The table below sums up what you can usually buy, possess and use in Austria, and under which conditions.
| Product category | Buying in Austria | Possession & use | Where/how to buy? | Key notes |
|---|---|---|---|---|
| Dried hemp/CBD flowers ≤ 0.3% THC | Yes | Yes (respect smoking bans) | Exclusively in tobacconists; online sale is prohibited; health warning required. (bmf.gv.at, jusline.at) | Subject to tobacco duty and the state tobacco monopoly; packs must carry a health warning; manufacturers/importers have notification duties (EU‑CEG). (bmf.gv.at, 360.lexisnexis.at) |
| CBD oils/extracts for oral intake (non‑medicinal) | Generally not marketable | Not recognised as foods | — | Regulators usually do not accept these as food products. Health‑related claims can cause extra issues. (ages.at) |
| CBD cosmetics (e.g. creams) | Yes, if compliant (e.g. CBD isolate; no banned cannabis extracts) | Yes | Drugstores, pharmacies, retail | CBD appears in the EU CosIng cosmetic ingredients database. Narcotics rules must still be respected. (cosmeticsdesign-europe.com) |
| E‑cigarette liquids with CBD | Classed as “related products”; nicotine‑containing CBD e‑liquids are not allowed | 18+ only; respect smoking bans | Specialist retailers (where permitted) | Strict advertising and labelling rules; if uncertain, it is safer to avoid these products. (ages.at) |
| Medicinal products containing CBD (e.g. Epidyolex) | Yes (prescription‑only) | Yes, in line with prescription | Pharmacies | Authorised across the EU since 19.09.2019. (ema.europa.eu) |
| Foods from hemp seeds (oil, whole seeds, etc.) | Yes (subject to THC limits) | Yes | General food retailers | EU THC limits (Δ9‑THC equivalents): 3 mg/kg for seeds and seed products; 7.5 mg/kg for hemp seed oil. (ages.at) |
🔍 To sum up
In practice, the most straightforward CBD products in Austria are hemp flowers sold as herbal smoking products in tobacconists and CBD cosmetics; oral CBD oils as food supplements are generally not accepted by regulators.
Can you bring CBD to Austria? Travel and entry rules
Basic rule for CBD travel to Austria: Products that are not classed as narcotics (for example CBD flowers ≤ 0.3% THC) may be carried for personal use. However, if a product is treated as tobacco under Austrian law, tobacco‑style duty and monopoly rules apply. For entry from non‑EU countries, duty‑free limits are similar to those for tobacco.
| Route | What is usual? | What to watch out for? |
|---|---|---|
| Entry from EU Member States (including Germany) | Quantities for personal use are usually duty‑free. Carrying small amounts of CBD flowers (≤ 0.3% THC) is normally unproblematic on entry into Austria. | Within Austria, sales are restricted to tobacconists and online shipping is banned. For return travel to Germany, note: German customs state that importing cannabis remains prohibited, so CBD flowers can still be risky there. (jusline.at, zoll.de) |
| Entry from non‑EU countries (e.g. Switzerland, UK, USA) | Use tobacco duty‑free limits (for example 250 g “smoking tobacco”) as a guide. Above this, declaration and payment of duty are required. | If in doubt, always use the “red channel” (goods to declare). There are special rules for areas such as Samnaun. (bmf.gv.at) |
| Air travel | In hand luggage, liquids must be in containers of 100 ml or less. | Treat CBD oils and e‑liquids as liquids at security. Keep original labels and CoAs handy. Do not vape or use CBD during the flight and check the rules of any transit country in advance. |
Practical tip for border or police checks: carry a printed certificate of analysis (CoA) with clearly stated THC content, plus proof of purchase and original packaging. This is particularly useful for CBD flowers, which look like high‑THC cannabis.
🔍 To sum up
When travelling with CBD to Austria, stay within personal‑use and duty‑free limits, carry proof of low THC content, and check the (often stricter) rules of any country you will re‑enter, such as Germany.
Buying, possessing and using CBD in Austria
- Buying: CBD hemp flowers ≤ 0.3% THC may, after higher‑court clarification, only be sold in licensed tobacconists. Online sales are banned. Packs must show the warning “Smoking this product damages your health”. (bmf.gv.at, jusline.at)
- Possession: Allowed as long as the product is not a narcotic (in particular, not a “preparation from cannabis” outside the defined exceptions, and with ≤ 0.3% THC for industrial hemp). (ris.bka.gv.at)
- Use: Consumption is permitted, but strict indoor smoking bans apply in restaurants, public buildings, public transport, taxis and similar places. Smoking is only allowed in designated outdoor areas such as beer gardens. (usp.gv.at)
- Protection of minors: Sales are limited to adults (18+) and distance selling is prohibited. (jusline.at, oesterreich.gv.at)
Borderline situations and grey areas in Austrian CBD law
- CBD isolate vs. cannabis extracts: Pure CBD (isolate) is not treated as a narcotic. By contrast, cannabis extracts and preparations are usually classed as narcotics unless a specific exemption applies. (jusline.at, ris.bka.gv.at)
- Medical use: Authorised CBD medicines such as Epidyolex are available on prescription. Other “preparations from cannabis” are, with narrow exceptions, not prescribable in Austria. (ris.bka.gv.at, ema.europa.eu)
- Driving and road checks: CBD itself is not listed as a narcotic. For driving, the key issue is actual impairment due to narcotics. With products that contain THC, impairment can occur even at relatively low levels and can lead to sanctions. (ris.bka.gv.at)
- Return journeys to Germany: Despite recent changes in German cannabis law, German customs clearly state that import of cannabis remains prohibited. This includes CBD flowers; taking them across the border into Germany carries a risk. (zoll.de)
Are there regional differences in CBD rules within Austria?
Key rules on CBD legality in Austria – narcotics law, tobacco law and customs law – apply nationwide. Differences are mainly in:
- how actively local authorities carry out checks, and
- details of regional youth protection rules (though under‑18 sales are banned throughout Austria).
Everyday and travel tips for CBD in Austria
- Carry CoAs, original packaging and receipts, especially for CBD flowers.
- On flights, follow liquid rules (containers ≤ 100 ml); vaping is banned on board.
- Avoid products or packaging that make health claims such as “for pain” or “calming”, as they can trigger regulatory issues. (360.lexisnexis.at)
- Before travelling onwards, check whether your destination allows CBD flowers to be brought in. Germany, for example, does not. (zoll.de)
Primary legal sources on CBD law in Austria
- Narcotic Drugs Ordinance, Annex I (industrial hemp exceptions up to 0.3% THC): RIS. (ris.bka.gv.at)
- Narcotic Drugs Act § 27 (unlawful handling of narcotics): RIS. (ris.bka.gv.at)
- TNRSG – definitions, notifications, warnings: RIS. (ris.bka.gv.at)
- Administrative Court ruling 02.06.2020 (Ro 2020/11/0002): RIS. (ris.bka.gv.at)
- Ministry of Finance: tobacco duty/monopoly for hemp flowers; sales via tobacconists only: BMF and BMF (July 2025). (bmf.gv.at)
- AGES technical information on CBD classification: AGES. (ages.at)
- CJEU case C‑663/18 (“Kanavape”): CURIA. (curia.europa.eu)
- EMA – Epidyolex (CBD) EU authorisation: EMA. (ema.europa.eu)
- Duty‑free limits when entering from non‑EU countries: BMF. (bmf.gv.at)
- German customs: import of cannabis into Germany remains prohibited: zoll.de. (zoll.de)
- THC maximum levels for hemp seeds and products: AGES (EN). (ages.at)
Note: This article is intended as a general guide and does not replace individual legal advice.