Is CBD Legal in Austria?
Short answer: yes, CBD is legal in Austria, provided it comes from industrial hemp and stays within the 0.3% THC threshold. Cannabidiol is non-psychotropic and does not fall under Austria's narcotics law (Suchtmittelgesetz). Austria was in fact one of Europe's pioneering CBD markets, with specialist shops opening in Vienna, Graz and Innsbruck as early as 2017–2018. But the country has its own particularities: a December 2018 decree heavily restricts CBD foods and cosmetics, and since 2025, hemp flowers intended for smoking fall under the tobacco monopoly and are sold in licensed tobacconists ("Trafik"). Here is the full picture, section by section.
The legal framework for CBD in Austria
CBD (cannabidiol) is a non-psychotropic cannabinoid extracted from hemp (Cannabis sativa L.). In Austria it is not classified as an addictive substance: it is not listed among the narcotics covered by the Suchtmittelgesetz (SMG), the federal law on psychoactive substances. What remains strictly regulated is THC, the psychotropic molecule in cannabis. The reference rule is clear: hemp-based products are tolerated when their THC content does not exceed 0.3%, a threshold aligned with the EU rules for industrial hemp. In practice, oils, flowers, resins and cosmetics have been circulating on the Austrian market for years, as long as this cap is respected. To understand the difference between these two molecules, see our guide CBD or THC: what are the differences.
The Austrian particularity: the December 2018 decree
In December 2018, the Austrian Ministry of Health (BMASGK) issued a decree ("Erlass") that has shaped the local market ever since. The text considers that cannabinoid extracts added to foods and food supplements fall under the EU "Novel Food" regulation and therefore cannot be marketed without prior authorisation. It also targets cosmetics containing cannabis extracts, whose placing on the market was deemed non-compliant with EU law. The very concrete consequence: in Austria, CBD oils are most often sold as aroma products ("Aromaöl"), labelled "not intended for consumption". The decree was criticised by several political parties and by the hemp industry, but it still structures how CBD products are presented in the country today.
CBD and "Novel Food": the case of edible products
At the European level, foods containing extracted cannabidiol fall under Regulation (EU) 2015/2283 on novel foods ("Novel Food"), available on eur-lex.europa.eu. In concrete terms, a CBD food or food supplement can only be placed on the market after an authorisation issued by the European Commission, based on a safety assessment. Several applications are under review, but no general authorisation has yet been granted for CBD as a food ingredient. Austria has applied this reading particularly strictly since the 2018 decree: CBD sweets, drinks or capsules are not allowed for sale as foods. This is why the Austrian offering focuses on flowers, aroma extracts and raw products rather than edibles.
What about CBD flowers? The 2025 turning point
Low-THC CBD flowers were long sold freely in Austrian specialist shops, often as aroma products not intended for consumption. That changed in 2025: in a spring 2025 ruling (Ro 2024/16/0006), the Supreme Administrative Court (Verwaltungsgerichtshof) held that hemp flowers intended for smoking, even below 0.3% THC, are treated as smoking tobacco and subject to tobacco tax. As a result, they also fall under the Austrian tobacco monopoly: since 21 July 2025, retail sale goes through licensed tobacconists ("Trafiken"), supplied by authorised wholesalers, and distance selling of these products is restricted, as it is for tobacco. Flowers therefore remain legal — they are not narcotics — but their distribution channel is now tightly regulated, a situation unique in Europe. The contrast with neighbouring Germany is striking, where the market has rather loosened since 2024.
The European framework: the "Kanavape" ruling and free movement
The legal cornerstone of the European CBD market is the "Kanavape" ruling (case C-663/18), handed down by the Court of Justice of the European Union on 19 November 2020 and available on curia.europa.eu. The Court held that CBD extracted from the whole hemp plant is not a narcotic within the meaning of international conventions, and that a member state cannot prohibit the marketing of CBD lawfully produced in another member state, unless it demonstrates a genuine risk to public health. This principle of free movement benefits Austrian consumers, particularly for products not covered by the tobacco monopoly. It does not, however, prevent a state from regulating sales arrangements on its territory — Austria shows this with its flowers. In France, by comparison, the decree of 30 December 2021 sets the THC threshold at 0.3% (text available on legifrance.gouv.fr).
Buying CBD with peace of mind
All Golden CBD products are lab-tested, contain less than 0.3% THC and are shipped discreetly across Europe. For Austria, one extra reflex applies since 2025: check the rules in force for the product category concerned, especially for smokable flowers, now attached to the tobacco monopoly. In all cases, the good habits remain the same: check the stated THC content, review the certificates of analysis, choose a seller transparent about the origin of the hemp and avoid any product making therapeutic promises — CBD is about well-being and relaxation, not medicine. To learn more about shipping, see our guide CBD legality and delivery, and discover our resins & hash as well as our best sellers.
FAQ — CBD and legality in Austria
Is CBD legal in Austria?
Yes. Non-psychotropic CBD from industrial hemp does not fall under Austria's narcotics law (Suchtmittelgesetz), as long as the THC content does not exceed 0.3%. Some categories, such as foods and smokable flowers, are however subject to specific sales rules.
What is the authorised THC limit?
The reference threshold is 0.3% THC, aligned with the EU rules applicable to industrial hemp. Above that, the product falls under the narcotics regime.
Does CBD get you high?
No. CBD is not psychotropic, unlike THC. It does not produce a "high".
Can you buy CBD flowers in Austria?
Yes, but the channel has changed: since a Supreme Administrative Court ruling and the application of the tobacco monopoly on 21 July 2025, smokable hemp flowers (THC ≤ 0.3%) are sold in licensed tobacconists ("Trafiken"), and distance selling is restricted.
Are CBD oils and foods allowed?
CBD foods and supplements cannot be sold without EU "Novel Food" authorisation, under a decree from December 2018. CBD oils are therefore most often offered as aroma products not intended for consumption.
Can the regulations change?
Yes. The Austrian framework moved a lot in 2025 with flowers being brought under the tobacco monopoly, and the EU "Novel Food" file keeps evolving. Always check the local rules in force before buying.
General information, current as of the publication date; it does not constitute legal advice. Regulations evolve: check the local rules in force. CBD is not a medicine and does not replace medical advice. Product reserved for adults.
