Is CBD legal in Austria?

24 August 2026

A flag of Austria, next to the chemical structure of CBD

Situación formal

Across the EU, CBD is an unauthorised novel food under Regulation (EU) 2015/2283 — no member state has authorisation, and EFSA's February 2026 provisional intake figure (roughly 2mg/day for a 70kg adult) is a safety opinion, not an authorisation.

Austria doesn't treat CBD as a narcotic — it appears nowhere in Austrian narcotics law, and the health ministry confirmed this in 2018. What Austria does prohibit is selling it as food: a 2018 ministry circular calls cannabinoid extracts in food unauthorised novel foods, restated by the food safety agency in November 2025. The circular itself isn't binding law — Austrian courts have said so — but the underlying novel-food regulation and food safety act are, and they do the real legal work.

A new law takes effect 1 September 2026 banning foods with “non-customary” psychoactive substances, backed by real enforcement powers including fines and website shutdown orders. Whether it reaches cannabinoids is genuinely unresolved — its only named example is caffeine (exempt), and Austria's own food agency says CBD isn't psychoactive. The novel-food question above remains the operative bar regardless of how this resolves.

Two dose-based tests also apply, both used by the food safety agency and upheld by a court in April 2025: an acute reference dose for THC, and a provisional daily intake limit for CBD.

¿Vendemos aquí?

Not at the moment.

Yes, we ship to Austria, and we would rather set out the position than tidy it.

Austria does not treat CBD as a narcotic — cannabidiol appears nowhere in Austrian narcotics law, and the health ministry has confirmed this in writing. What Austria does say is that cannabinoid extracts in food are unauthorised novel foods, the same EU-wide position that applies in every country we ship to; no company anywhere in the EU holds the authorisation that would settle it. Austrian enforcement of that position is real and thorough, and has consistently been directed at businesses selling from within Austria — we found no Austrian measure binding a seller established elsewhere in the EU.

A new Austrian food law takes effect on 1 September 2026, and whether it reaches cannabinoids at all is genuinely unclear — see our full breakdown above for the detail. We're watching it closely.

One correction, specific to Austria. We previously said every published case on receiving distance-ordered medicinal goods involved products sent from outside the EU. That is no longer accurate: an Austrian court decision from 16 February 2026 concerned a parcel posted within the EU, though it involved ordinary heart medication rather than a supplement, and was a preliminary seizure decision rather than a final ruling. We don't believe a 1mg melatonin sleep product falls within these rules, but our earlier wording was more reassuring than the evidence supports.

Perspectivas

The new food-law amendment described above is the thing we watch most closely — specifically whether Austria's food codex is amended to name cannabinoids as customary or non-customary, since that determines whether the law reaches this product at all.

Austria's underlying novel-food position has been stable since 2018 and was restated by the food safety agency in November 2025, so it's unlikely to move without an EU-level authorisation, which would resolve it without any Austrian step.

Two further things are worth watching. Austrian courts twice in 2025 moved cannabinoid products out of food law and into medicines law on the strength of claims made on a seller's website rather than the packaging, which makes how a product is described more consequential in Austria than the formula itself. And Austria's rules on receiving medicinal goods ordered from a distance are keyed to a customs classification rather than to its medicines act, so how a low-concentration cannabinoid product is classified at the border is a live question.

Timeline

October 2018

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/17/2018

December 2018

Health 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/2018

August 2021

Styrian 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)

April 2023

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 Parliament

September 2024

A 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 release

December 2024

The 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 2022/11/0058

December 2024

The 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-001/016/12729/2024

March 2025

The 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-2024/44/2077-5

April 2025

The 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 156/02/2020.001/063

September 2025

The 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)

November 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.

AGES

July 2026

Austria 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

Ingredientes

Consultar la legalidad de nuestros otros ingredientes en Austria.