Is weed legal in Vienna, Austria in 2026?

No. Acquiring, possessing, growing for THC, importing or sharing cannabis is a criminal offence under Section 27 of Austria's Narcotic Substances Act (Suchtmittelgesetz, SMG). The basic penalty is up to 1 year in prison or a fine of up to 360 daily rates; if it was solely for personal use, up to 6 months. The ÖVP–SPÖ–NEOS government in office since March 2025 has not legalised cannabis, and there are no legal cannabis shops or clubs in Vienna.

What happens if you get caught with weed in Vienna?

Police confiscate the cannabis and report you to the public prosecutor; there is no on-the-spot fine. For a small amount held purely for personal use, Section 35 SMG requires the prosecutor to provisionally withdraw from prosecution with a probation period of 1 to 2 years. For cannabis, the prosecutor can skip the usual health-authority assessment unless you had a drug case in the previous five years. If you commit another offence during probation, the case can be reopened.

Can tourists smoke weed in Vienna?

No. Consumption itself is not a separate offence in Austria, but you cannot smoke without possessing, and possession is a crime. Police run regular drug operations at Praterstern, along the U6 line, at the Donaukanal and at Reumannplatz, and buyers caught in these operations are reported alongside the dealers.

Are the CBD and hemp shops in Vienna legal?

Hemp shops may sell products with a maximum of 0.3% THC, but they are not dispensaries. Since a January 2025 Administrative Court ruling, smokable hemp flowers fall under the tobacco monopoly; a December 2025 law lets licensed hemp shops keep selling them until the end of 2028, after which only tobacconists (Trafiken) may. Shops also sell non-flowering cannabis cuttings, but growing a plant to harvest THC is a crime under Section 27.

Can I bring cannabis from Germany into Austria?

No. Importing cannabis is an offence under Section 27 SMG even if you bought it legally in Germany or the Czech Republic. Larger amounts above the threshold of 20 grams of pure THC count as trafficking under Section 28a, punishable by up to 5 years in prison and more in aggravated cases.

Is Weed Legal in Vienna, Austria? Laws & Risks (2026)

⚖️ Legal Status at a Glance — Vienna, Austria

Legal Use Illegal

Small Personal Amount Criminal Report, Diverted (§ 35)

CBD / Hemp Shops ≤0.3% THC Only

Dispensaries / Clubs None Legal

Trafficking Up to 5 yrs; up to 15

Regulation Status Stable — No Legalisation Planned

Overview

Vienna, a train ride from Munich, Prague and Budapest, has a cannabis law stricter than Germany's and looser in practice than Hungary's. Possessing any amount of cannabis is a crime in Austria. The law simply routes small personal-use cases away from punishment.

What confuses visitors are hemp shops selling flowers that look like weed, and cannabis cuttings on sale. Neither is a loophole: anything with real THC is illegal.

The Law Right Now

Cannabis falls under the Narcotic Substances Act (Suchtmittelgesetz, SMG). Under Section 27(1), acquiring, possessing, producing, transporting, importing, exporting or handing cannabis to someone else is punishable by up to 1 year in prison or a fine of up to 360 daily rates. If done solely for personal use, the ceiling drops to 6 months. Growing plants to harvest THC is covered too. Consumption itself is not an offence, but you cannot smoke what you do not possess.

The key provision is Section 35. For offences committed purely for personal use, without profit, the prosecutor must provisionally withdraw from prosecution and set a probation period of 1 to 2 years. For cannabis, the usual health-authority assessment can be skipped unless you had a drug case in the previous five years. It is not an acquittal: reoffending during probation can reopen the case.

Trafficking starts above the threshold of 20 grams of pure THC. Under Section 28a, dealing above it carries up to 5 years, rising to 1–10 years above 15 times the threshold and 1–15 years in the worst cases.

Hemp flowers with up to 0.3% THC are not narcotics. After a January 2025 Administrative Court ruling put smokable flowers under tobacco tax and the tobacco monopoly, parliament passed a law in December 2025: licensed hemp shops may sell them until the end of 2028, then only tobacconists (Trafiken). Synthetic HHC has been banned from manufacture and sale since March 2023. Driving after use is an administrative offence under the Road Traffic Act (StVO): a fine of €800 to €3,700 and licence withdrawal, or €1,600 to €5,900 for refusing a test. There is no legal THC limit. Medical cannabis is limited to prescription drugs such as dronabinol.

Realistic Consequences

A tourist found with a few grams at the Donaukanal will have them confiscated, give their details and be reported to the prosecutor. There is no fine to pay on the spot. In most cases the report ends in a Section 35 withdrawal and a letter setting a probation period, with no trial and no conviction. Being a buyer is no protection. When police arrested a dealer carrying 282 grams at Praterstern in July 2026, his customer was reported too.

Escalation comes from several bags, scales, cash, minors or a prior drug case. Police street-crime units run undercover buys at Reumannplatz, Keplerplatz and along the U6. In September 2026 they arrested four suspected sellers there. Being foreign earns no leniency. Resisting a check adds a separate charge that diversion does not cover.

📡 Regulation Pulse

29 January 2025: the Administrative Court rules that smokable hemp flowers are subject to tobacco tax; the Finance Ministry then bars pure hemp shops from selling them.
March 2025: the ÖVP–SPÖ–NEOS coalition takes office; cannabis legalisation is not part of its programme.
10 December 2025: parliament passes the Tobacco Monopoly Act amendment. Licensed hemp shops can sell low-THC flowers until the end of 2028, and only tobacconists can from 2029. The Austrian Cannabis Association has announced a Constitutional Court challenge.
July–September 2026: Vienna police carry out repeated drug operations at Praterstern, Reumannplatz and Keplerplatz, reporting buyers alongside dealers.

Public Sentiment

Austrians are split. A Unique Research poll for profil in July 2023 (500 respondents) found 50% in favour of licensed sales to adults and 42% against, almost unchanged from 49% in February 2022. Only NEOS in government backs regulated sales; the ÖVP rejects legalisation outright.

Practical Advice for Visitors

Do not buy cannabis in Vienna. Street sellers at Praterstern, the Donaukanal and U6 stations are a police focus, and buyers get reported.

Do not bring cannabis from Germany or the Czech Republic. Importing is an offence under Section 27; larger amounts count as trafficking.

Treat hemp shop flowers as tobacco, not weed. They are capped at 0.3% THC. Buy only from licensed shops or Trafiken, and never drive after smoking them.

Do not buy cuttings to grow at home. Selling a non-flowering plant is tolerated. Growing it for THC is a crime.

Do not carry cannabis through Vienna Schwechat airport. That includes Schengen flights, which still count as export and import.

If police stop you, stay calm and cooperate. A small personal amount usually ends in a Section 35 withdrawal; stay out of trouble for the probation period.

Related guides: Munich · Prague · Budapest · Berlin

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Cannabis in Vienna, Austria
Criminal but Diverted & What Visitors Must Know