Is CBD legal in Austria?
24 August 2026
24 August 2026
Not at the moment.
Austria's health ministry publishes its information note on hemp and CBD products, stating that CBD in pure substance is not defined as a narcotic in Austria and that compliant industrial-hemp products fall outside narcotics law.
BMASGK, Information GZ BMASGK-22710/0006-IX/17/2018Health ministry circular to the provincial food authorities holds that cannabinoid-containing extracts in food are unauthorised novel foods and that placing them on the market is not permissible, while instructing authorities to advise operators before penalising them.
BMASGK Erlass GZ BMASGK-75100/0020-IX/B/16a/2018Styrian authorities report a multi-year narcotics operation against four hemp shops and three CBD-flower production sites: 159 house searches, ten arrests and around 90 customers searched, on the ground that non-approved hemp varieties fell outside the statutory industrial-hemp exemption.
ORF Steiermark (report date; individual raid dates not stated)Ministerial answer to a parliamentary question discloses that AGES examined 186 CBD samples between 2018 and 2022 with objections in almost every case, on grounds of novel-food status, safety and misleading labelling, while showing far fewer completed penalties than objections.
Anfragebeantwortung 13642/AB, Austrian ParliamentA joint customs, consumer-health and food-safety control action at the Vienna postal distribution centre examines 50 parcels of food supplements ordered from outside the EU; 44% were objected to and 21 were unauthorised novel foods, returned to sender under customs supervision with no penalty on the recipient.
BMF / BAVG / AGES press releaseThe Administrative Court holds that the designation "CBD" on a refill container, together with package-leaflet statements, is an impermissible element suggesting a health benefit under Austrian tobacco and non-smoker protection law.
Verwaltungsgerichtshof, Ra 2022/11/0058The Vienna Administrative Court classifies imported CBD oils as goods of customs tariff position 3004, bringing them within the Medicinal Goods Import Act, under which a private consumer may not receive distance-ordered medicinal goods.
Verwaltungsgericht Wien, VGW-001/016/12729/2024The Tyrol Administrative Court upholds an order requiring immediate cessation of marketing a CBD-containing hemp oil, and expressly rejects reliance on the Court of Justice's Kanavape judgment as inapplicable to the novel-food question.
Landesverwaltungsgericht Tirol, LVwG-2024/44/2077-5The Burgenland Administrative Court quashes a food-law marketing ban for want of competence, holding that website disease claims made the products medicinal by presentation, and records the acute reference dose for THC and a provisional daily intake figure for CBD as applying independently of novel-food status.
Landesverwaltungsgericht Burgenland, E 156/02/2020.001/063The health ministry publishes its foreign-webshop control figures for 2024: 150 controls with a 62% objection rate, including 77 food supplements checked and 40 objected to, under a federal programme that expressly claims competence over sellers established in other EU and EEA states.
BMSGPK, Internetkontrolle (Stand 01.09.2025)The Austrian Agency for Health and Food Safety updates its CBD page, repeating the 2018 position that cannabinoid extracts in food are unauthorised novel foods and may not be placed on the market.
AGESAustria enacts a statutory ban on non-customary psychoactive substances in foods, with internet advertising and website-shutdown powers (BGBl. I Nr. 75/2026; in force 1 September 2026)
Bundesgesetzblatt für die Republik Österreich, BGBl. I Nr. 75/2026, ausgegeben am 29. Juli 2026