Cannabis – The Situation in Austria

The attitude towards cannabis has changed dramatically since September 2013.

All 6 parties in parliament have shifted their stance on a decriminalization of medical cannabis and cannabis as a soft drug to varying degrees since the legalization in Colorado.

The discussion has not advanced much and still remains in its early stages. There are no models for decriminalization and regulation on the table.

The Hemp Institute prioritizes the decriminalization of medical cannabis use that will allow the collection of health related cannabis data, which in turn will lead to an improved perception of the hemp plant and its multifold benefits.

Cannabis may become a decisive factor in the next Austrian elections, scheduled for 2018, as this is a political issue that could yield supporting parties significant gains in votes.

Public opinion:

Regional online polls show a solid majority for the decriminalization of MMJ with results varying between 67% and up to 97%.

Legal situation:Hemp production is allowed for industrial and medical purposes. Hemp products can be purchased legally, except for psychoactive cannabis containing THC. Production of cannabis that contains THC is only legal for a state-owned entity.Consumption of cannabis is technically non-punishable, but possession, purchases and passing it on to others – even when only sharing a joint – are illegal. Austrian law makes a clear distinction between consumption related offenses and criminal dealing.A reform of Austrian drug laws that came into effect on January 1, 2016, now requires all persons caught with cannabis to undergo a medical evaluation to avoid criminal charges. Cannabis remains listed in the drug law next to toxic substances like cocaine, heroin or methamphetamine.Another hasty reform in mid 2016 made dealing in public an especially severe felony. This was enacted to counter a sudden rise of public dealing in crowded places in Austria’s bigger towns.From 30,000 recorded drug offenses in 2014 – a rise of seven percent compared to 2013 – 25,000 involved only consumption cases of cannabis and only a few hundred persons were indicted for cannabis dealing.Medical Use:While production of Cannabis for medical uses is theoretically allowed, the sale of the natural remedy itself is prohibited under Austrian drug laws.Austria allows the sale of synthetical Cannabis pharmaceuticals such as Dronabinol (containing THC) and Sativex (containing THC & Cannabidiol [CBD]) with a prescription from a licensed physician.A change in the Suchtgiftverordnung that came into effect on January 1, 2016, indicates a possible shift towards selling cannabis in pharmacies.While it is illegal to grow cannabis with the intent to produce the psychoactive cannabinoid THC, Austrians can purchase cannabis seeds and seedlings legally. According to law, only THC is prohibited, but none of the other hundreds of Cannabinoids.Resource/Industrial Uses:Production of industrial hemp for the production of fibers, hempseed oil and all other non-psychoactive parts of the hemp plant was allowed in 1995 after a forced hiatus since 1958.Industrial hemp must not contain more than 0.3% THC after flowering.One region in Northern Austria, Hanfthal (Hemp Valley) has revived an 800 years old tradition of hemp production.Domestic fiber hemp production supplies Austrian hemp building materials producers with the commodity and hemp seed oil producing plants are grown too. Hemp food items like hemp seed oil etc. are produced and sold in Austria.Austria is home to 2 hemp insulation mats producers which are an environmentally friendy alternative to conventional methods like styrofoam or mineral wool insulation products. Growing production has resulted in dramatic cost improvements that make hemp products price competitive while delivering significantly better thermal and acoustic proofing.Prevalence:According to official government data, more than 20% or 1.6 million Austrians have used cannabis in their lifetime and 12.5% are estimated to smoke it regularly/occasionally.Of these, roughly one half consumes cannabis regularly (defined as more than 2 smokes/vapes/edibles per week) and the other half occasionally.Cannabis smoking is especially prevalent in young users. Government data estimate that 40% of youth between 15 and 25 years consume cannabis. Official data says that cannabis consumption starts among adolescents at 15 years of age on average.

Austria has relatively liberal drug laws, with the general approach being to ignore personal use and focus exclusively on sale, production and trafficking. Check out this article for an overview on the legal status of cannabis in Austria.

Austria has relatively liberal drug laws, with the general approach being to ignore personal use and focus exclusively on sale, production and trafficking. This approach has been in place in Austria for decades, although there have been several changes prior to the current legislation, implemented in 2008.

Legal aspects concerning consumption, possession and cultivation of cannabisCannabis possession & consumptionAustria has a significant subculture of cannabis use (© lembagg)

Austria’s criminal code has differentiated between personal use and commercial distribution of drugs since 1971, with an emphasis on prioritizing treatment over criminalization of users. In 1980, the harm-reduction over criminalization principle was formally established as the basis for the drug law in Austria.

Prior to 2008, a system of thresholds was in place to determine whether cases would be classed as personal use or distribution. For cannabis, this legal limit was set at up to 2g of pure THC (at 20% THC levels, that equates to 10g of cannabis).

In January 2008, the Austrian drug laws were overhauled and new legislation put in place that no longer took into account the quantity of drugs in question, and assessed the evidence for possession or distribution via alternative means. Thus, any quantity could then be argued as being for personal use, as long as no evidence of dealing was present.

While this marked a huge step forward in terms of personal freedom, the laws regarding distribution were tightened, so that even sharing a joint with friends could conceivably be classed as supply.

However, as yet there is no evidence that police are cracking down on such minor infarctions. In fact, the debate on full legalization of cannabis is currently intensifying, with high-level support from several major political parties.

Sale of cannabis

Although the 2008 amendment made it possible to argue personal use even for large quantities, penalties for those found to be distributing illegal drugswere tightened. The threshold system is also still in operation for distribution offences, with small quantities subject to far lighter penalties than large; large or “serious” quantities are defined as anything above 20g of pure THC.

If individuals are found in possession of drugs and cannot argue that the drugs were for personal use, the sentence is set at up to six months in prison or a fine. In practice, custodial sentences are usually suspended, or alternative sentences such as therapy or community service issued.

However, in the presence of aggravating factors—such as involvement of minors or proven intent to distribute cannabis commercially—the penalty is up to three years’ imprisonment. For larger amounts (over 15 times the threshold quantity), the standard penalty is 2-3 years’ imprisonment, with extra time imposed for aggravating offences.

For import or production, a custodial sentence of up to 5 years is typical. For serious crimes with aggravating factors such as previous convictions, membership or leadership of a criminal organization, or extremely large quantities, 10–20 years is the typical sentence. In the most serious cases, a whole-life custodial sentence may be applied, but there is no record of this ever occurring for cannabis-related offences.

Cultivation of cannabisSince 2008, cultivation of any number of cannabis plants may be argued as for personal use (© twicepix)

Since the 2008 change in law removed the concept of large and small quantities as a means of differentiating between personal use and distribution, it has been effectively legal to cultivate an unlimited number of plants in Austria, provided that they are not in the flowering stage and it can be shown that there was no intention to process and sell psychoactive cannabis. Several growers found in possession of hundreds of plants have successfully argued thus, although those who have been unable to convince the courts have been subject to severe penalties.

There have also been several cases of growers found in possession of relatively large quantities (two kilograms in one case, and ten kilograms in another) of finished and harvested cannabis, who have been found to be in possession for personal use rather than for purposes of distribution. Absence of money, digital scales and other items associated with dealing is highly advantageous in such instances.

Cannabis seeds and equipment

Although it is illegal to grow cannabis with the intention of producing THC, it is legal to purchase cannabis seeds and seedlings in Austria. In fact, the ambiguous wording of the law effectively means that plants are legal at all points up to flowering, as prior to that THC levels are unlikely to be above the legal limit of 0.3%, if indeed they are discernible at all. Thus, it is common to see large mother plants and abundant seedlings at Austrian hemp and cannabis trade shows; clones and seedlings are often sold “for aromatherapy purposes”.

Outlets specializing in the sale of cannabis grow equipment are generally tolerated by the authorities, although if instances of cultivation can be associated with a grow shop, the proprietor may be considered liable for the offence along with the actual perpetrators. In Vienna alone, there are now more than twenty grow shops supplying equipment directly to the customer.

Medicinal cannabis in Austria

In July 2008, the Austrian parliament passed a bill permitting the cultivation of cannabis for medicinal and scientific purposes. However, the bill gave the exclusive right to grow cannabis to a single government department under control of the Health Ministry. Domestic cultivation of medical cannabis is therefore still illegal, although there have been several acquittals of individuals who have successfully argued that their cultivation was for personal medical use.

Despite the 2008 law, Austria has not yet made government-grown cannabis available to its medical cannabis patients. However, the importation and sale of synthetic cannabis preparations such as dronabinol and Sativex is permitted to individuals in possession of a valid prescription from a licensed physician. Dronabinol is mostly imported from Germany, and is the most commonly prescribed drug, due to its relatively lost cost.

Industrial hemp in AustriaAustria’s Hanfthal (Hemp Valley) is now the site of a hemp museum explaining the 900-year-old traditions of the region .

Austria has a long history of hemp cultivation stretching back thousands of years. Although hemp cultivation was never banned outright, interest in farming it declined as global attitudes shifted, and in around 1958 the industry died out entirely. Interest picked up again in the early 1990s, and in 1995, the first modern crop was grown in the village of Kautzen, Lower Austria. Currently, in line with EU regulations, it is legal to grow hemp varieties containing a maximum of 0.3% THC, for fibre, oil, and all other non-psychoactive uses.

Now, the hemp industry in Austria is significant, and there are efforts to revive the traditions of the past—such as in the village of Hanfthal (whose name literally translates to “Hemp Valley”), which now grows around 70 hectares of hemp, and has established a museum and information centre explaining the 900-year-old hemp-growing traditions that gave the village its name.

Austria mainly produces hemp fibre for textiles and construction materials, and produces smaller quantities of oilseed crops. Austria has strong recent history of contributions to hemp technology: for example, the Hempstone-Zelfo process, whereby ground hemp fibres are mixed with water to produce a solid, dense composite plastic that can be highly polished. Hempstone has been used to produce musical instruments, furniture, and various other items.

Austria’s political parties & cannabisSocial Democratic Party of Austria

The SPÖ is a centre-left party with a generally progressive drug policy. This large and influential party currently comprises the larger partner in a coalition with the Austrian People’s Party, and party leader Werner Faymann is the current Chancellor of Austria. Currently, the SPÖ is spearheading a campaign to legalize cannabis entirely.

Austrian People’s Party

The right-leaning ÖVP has a hostile attitude towards the legalization of cannabis, preferring instead to espouse the harm-reduction principle along with punitive penalties. Justice minister Wolfgang Brandstetter recently went on record as stating that he rejected the concept of cannabis legalization.

The Greens – The Green Alternative

The left-wing Die Grünen party is another vociferous advocate of cannabis legalization, and last year announced a campaign to push for full legalization. Party spokesman Harald Terpe stated, “Until now the debate has been based on few hard facts and more vague feelings”. The Greens are pushing for a tightly-controlled system of small-scale retail sales of cannabis, but would prohibit mail-order and vending machine sales and would limit importation.

Austria has a long history of hemp cultivation and use (© captain.orange)Team Stronach

The right-wing, Eurosceptic party Team Stronach is opposed to the legalization of cannabis in any form.

NEOS – The New Austria

Austria’s newest political party, the NEOs have recently stated their support for the legalization of cannabis. At first, party chairman Matthias Strolz expressed surprise that his party voted in support of cannabis legalization, but shortly afterward stated his own full support