Drug Trafficking and Drug Offences in Austria: Penalties, Rights and First Steps
Attorney, expert in criminal law & civil law, owner of the IBESICH law firm
Legal Notice/Disclaimer: The following information is intended for general guidance only and does not replace individual legal advice. For advice tailored to your specific situation, please consult a lawyer or another qualified legal professional.
- Drug offences in Austria can involve possession, acquisition, import, supply, transfer, sale or cultivation.
- Whether a penalty is imposed and how severe it may be depends heavily on the individual case.
- In cases involving personal use, small quantities, dependency or therapy, discontinuance or a provisional withdrawal from prosecution may be possible. But this is never automatic.
- The risks increase significantly where trafficking, supply to other people, larger quantities or cross-border situations are involved.
- Legal assistance is especially important because early statements, voluntary cooperation or the handling of evidence can strongly affect the further course of the case.
Table of contents
What counts as a drug offence in Austria?
The Narcotic Substances Act does not only cover classic drug trafficking. Possession, acquisition, transport, import, export, transfer, sale or cultivation of narcotic drugs can already be punishable. This covers very different situations, from a joint or a few tablets to organised cross-border deliveries.
For those affected, it is important to know that use itself is not formulated as a separate criminal offence in the Narcotic Substances Act. In practice, however, cases almost always concern acts connected with use, such as possession, acquisition or supply. Even a small quantity can therefore be criminally relevant.
Whether proceedings are assessed more as personal use, diversion, a therapy-related measure or as trafficking depends on several circumstances. The type and quantity of the narcotic drug, active ingredient content, packaging, cash, chat messages, previous proceedings and whether other people were involved can all matter.
When does possession or supply become drug trafficking?
Many proceedings begin with the allegation that someone possessed narcotic drugs for personal use. The situation becomes more critical when there is suspicion that narcotic drugs were supplied, sold or obtained for other people. A possession allegation can then quickly become proceedings for drug trafficking.
Under Section 28a of the Narcotic Substances Act, it is especially relevant whether a so-called threshold quantity has been exceeded. This threshold quantity does not simply refer to the total weight, but to the pure substance or active ingredient content. The same external quantity can therefore be assessed very differently depending on the active substance.
Nevertheless, supply below this threshold can also be punishable. The threshold quantity does not decide whether conduct is permitted at all. It is mainly important for legal classification and the possible penalty.
In practice, investigators look closely at surrounding circumstances. Several small packaging units, scales, lists, chats, conspicuous amounts of cash or repeated handovers can support a suspicion of supply or trafficking. Conversely, a plausible personal-use situation can significantly change the assessment.
What penalties can arise under the Narcotic Substances Act?
The possible consequences range from diversionary measures to substantial prison sentences. A general answer would not be reliable, because the potential penalty depends heavily on which offence is being examined and what circumstances exist.
In suitable cases involving possession or acquisition for personal use, discontinuance, health-related measures or a provisional withdrawal from prosecution may come into consideration. Where supply, sale, larger quantities, commercial conduct or the involvement of several people is alleged, the situation becomes much more serious.
Prior convictions, current probation periods, the role of the person concerned and their conduct during the proceedings can also play a major role. That is why no one should draw quick conclusions about their own possible sentence from an internet article.
Do doping substances count as drugs or narcotic substances?
Doping substances are not automatically the same as classic drugs. Some substances can nevertheless be highly relevant legally. Depending on the active substance and the facts, the Anti-Doping Act, medicines law, customs rules or, in certain situations, the Narcotic Substances Act may play a role.
The precise classification of the substance is practically important. Anabolic steroids, SARMs, growth hormones, cannabis products, synthetic cannabinoids or other active substances can be treated differently under the law. What matters is not how a product is advertised, but what it actually contains and how it was imported, possessed, supplied or sold.
Especially where products are ordered from abroad, used in gym-related contexts or carried in travel luggage, several areas of law can overlap. It should then be assessed early whether the issue concerns narcotic drugs, medicines, doping substances or customs law.
What happens after a report for a narcotics offence?
A report for drug possession initially means that the police or public prosecutor are examining an initial suspicion. This does not automatically lead to a conviction. But it is also not advisable to dismiss the matter as a mere formality.
Typical questions are: Which substance was seized? What quantity and active ingredient content are alleged? Are there indications of personal use, supply or sale? Were chat messages, packaging material, cash, scales or several portions found? Are there previous reports or conditions?
Especially with small quantities for personal use, Section 35 SMG can become important. Under certain conditions, the public prosecutor may provisionally withdraw from prosecution. But this is a procedural route with requirements, not an automatic “nothing will happen”. Those affected should therefore take official letters, summonses and deadlines seriously.
Practically important: anyone treated as a suspect does not have to incriminate themselves. Especially at the beginning, legal coordination can help a great deal because a short, unconsidered statement can make the case worse.
Investigation and summons
The police and public prosecutor secure and assess evidence. This may include substance analyses, statements, chat messages, telephone or bank data and seized items. A summons should not be ignored. Before making a statement, it should be clarified in what role the person is being questioned.
Decision by the public prosecutor
Depending on the evidence and the allegation, the public prosecutor may discontinue the proceedings, provisionally withdraw from prosecution, order further investigations or file charges. In certain cases, diversion may also be examined.
Possible further course of proceedings
If court proceedings follow, the offence, evidence and personal circumstances are examined. In more serious trafficking allegations, coercive measures and questions of pre-trial detention can also arise.
What rights apply with the police, questioning and drug tests?
Suspects do not have to incriminate themselves and may obtain legal advice before making a statement. Information about identity and lawfully ordered measures must be distinguished from this. Calm behaviour and a clear question about the specific allegation help prevent avoidable mistakes.
Do I have to make a statement to the police?
As a suspect, you generally have the right to remain silent. Anyone who speaks in detail about origin, quantity, supply or other people without knowing the file can unintentionally expand an initially limited suspicion.
May I refuse a drug test?
A general answer is not possible. Different rules apply in criminal investigations than in road traffic or employment. It is also decisive who requests the test, on what legal basis it is requested, and whether it concerns a voluntary sample, a physical examination or a legally regulated blood sample.
Physical examination and blood sampling in criminal proceedings
Physical examinations and blood samples in criminal proceedings are subject to the requirements of the Code of Criminal Procedure. Those affected should ask about the legal basis and purpose and obtain legal advice instead of making premature explanations about use or the origin of a substance.
Saliva test, medical examination and blood sample in road traffic
Where impairment by narcotic drugs is suspected, Section 5 StVO provides for a staged procedure. Refusal of a saliva screening is treated as a presumption of drug impairment and leads to further steps involving a medical examination. If impairment is established, a blood sample is provided for.
Possible consequences of refusal
Anyone who refuses the required medical examination or blood sample risks separate administrative sanctions and driving licence consequences. Refusal therefore does not automatically prevent further assessment and is not a general defence strategy.
What matters in a house search, arrest or seizure?
A house search is particularly stressful for those affected. Especially then, you should not try to talk the situation away. Spontaneous explanations can later be understood differently from how they were intended.
It is usually sensible to stay calm, take note of the reason for the search and any existing orders, avoid hiding or destroying items, avoid aggressive discussions and contact legal assistance as soon as possible. The presence of a lawyer during the house search can help observe the process, point out rights and later assess more effectively whether the measure was carried out properly.
If items or documents are seized, it can later be examined whether the measure was lawful and which rights can be asserted in the proceedings.
Seizure and evaluation of a mobile phone
Mobile phones and data carriers can be important for investigations because of chats, contacts, photos or transaction evidence. Whether seizure and evaluation are permissible and which data may be used must be assessed on the basis of the specific order and the file.
Rights in the event of arrest
Arrested persons must be informed clearly about the reason and their rights. They can request legal assistance. In Austria, an on-call lawyer service exists for arrested suspects. Resistance or the destruction of evidence regularly makes the situation worse.
What applies to narcotic drugs or doping substances at the airport and border?
Airport and border cases are often more serious than a simple possession allegation because import, export or transit may also be at issue. This applies not only to large quantities in luggage, but also to smaller quantities in hand luggage, postal shipments, medicines carried while travelling or substances that are assessed differently abroad.
This can also become relevant for SARMs, anabolic steroids, growth hormones or comparable performance-enhancing products if products are ordered from abroad, delivered by post or carried in travel luggage.
When entering from non-EU countries, the Ministry of Finance points out that import prohibitions and restrictions must be observed even for goods that are otherwise duty-free. Separate restrictions apply to narcotic drugs. The BMF working guideline on narcotic substances states that import, export and transit restrictions for narcotic drugs can also be relevant within the Union and that import means bringing goods from abroad into Austria.
The transit area is especially relevant in practice: according to the case law referred to in the decision of the Vienna Higher Regional Court of 26 June 2025, 18 Bs 138/25p, import by air transport can already be completed on landing or crossing the border, even if the narcotic drug is still discovered in the transit area.
Doping substances can also trigger legal problems on import or export. Whether the Narcotic Substances Act, the Anti-Doping Act, medicines law or import restrictions apply depends on the specific active substance, quantity and purpose. Original packaging or foreign sources do not automatically make an import lawful.
Practical examples and Austrian court decisions
Court decisions do not replace an assessment of the individual case. But they show which issues are often decisive in practice.
Example 1: Report for cannabis possession for personal use
A person is checked with a few grams of cannabis and spontaneously says that they use it regularly. This can be relevant for Section 35 SMG because different procedural routes may be possible where the quantity is small and for personal use. However, the Austrian Supreme Court legal rule RS0088590 shows that assessing a small quantity is not purely schematic; individual factors such as habituation and daily requirement can also play a role. In practice, it is therefore important not to explain quantities, frequency of use or origin too quickly.
Example 2: Possession becomes suspicion of supply
During a check, several small packaging units and messages about handovers are found. The question is then no longer only “personal use or possession?”. According to the case law in 13 Os 45/11h, possession connected with an intention to resell and later turning into drug trafficking can legally be displaced by the trafficking allegation. Portioning, chat histories, cash and statements about other people can therefore be decisive for classification.
Example 3: Several small handovers instead of one large quantity
A person repeatedly sells smaller quantities. Each handover may seem manageable on its own. The Austrian Supreme Court case law on intent to aggregate quantities shows, however, that several smaller quantities of narcotic drugs can be relevant together if there was an overall plan from the outset and the threshold quantity is thereby exceeded. It is therefore important whether the investigating authority assumes separate incidental acts or a unified sales plan.
Example 4: Real airport case with luggage found in transit
In 2025, the Vienna Higher Regional Court assessed a case involving a smuggling trip by air in which a suitcase containing around 17.97 kg of cannabis herb was seized. According to the reasons for the decision, that quantity contained at least 2,440 g of pure THCA and 190 g of pure Delta-9-THC. The court referred to the point that import by air transport can already be completed when the aircraft lands in the importing country, even if the narcotic drug is still discovered in the transit area. In practice, this does not mean that every defence is hopeless. But it shows that transit arguments must be examined carefully and should not be improvised spontaneously.
Example 5: Traffic stop, drug test and later possession allegation
A driver is stopped because of conspicuous driving. The police suspect impairment by narcotic drugs, a saliva test is refused or positive, and a medical examination follows. In addition, a small quantity of cannabis is found in the vehicle. Several possible issues then run in parallel: administrative law because of driving under the influence of narcotic drugs, driving licence consequences and a possible narcotics allegation for possession. The case law of the Administrative Court shows that refusing a medical examination or blood sample can have separate legal consequences. In such overlapping situations, early legal advice is especially important.
Example: Trafficking in doping substances
A person orders larger quantities of anabolic substances and sells them deliberately to recreational athletes. If the active substances are not narcotic drugs, Section 28 ADBG may nevertheless apply if the statutory requirements, especially doping purpose, substance group and relevant quantity, are met. If individual substances are also narcotic drugs, the SMG must additionally be examined.
| Decision | Core statement | Practical significance |
|---|---|---|
| Austrian Supreme Court legal rule RS0088590 | When assessing a small quantity for personal use, dependence, habituation and daily requirement can also play a role. | A small quantity is not merely a fixed number. Especially in personal-use cases, the specific circumstances must be examined carefully. |
| Austrian Supreme Court 13 Os 45/11h | If acquisition and possession with intent to resell later turn into drug trafficking, the possession allegation can be legally displaced by the trafficking offence. | The purpose of possession is central. Chat histories, portioning or agreements can turn a possession case into a trafficking suspicion. |
| Austrian Supreme Court legal rule RS0123898 | Drug trafficking under Section 28a SMG is linked to the quantity exceeding the threshold quantity. Several smaller handovers can also become relevant where there is intent to aggregate quantities. | Several small sales are not automatically harmless if, under a unified plan, they together exceed the threshold quantity. |
| Vienna Higher Regional Court 18 Bs 138/25p | In air transport, import can be completed on landing or crossing the border, even if the narcotic drug is still discovered in the transit area. | At the airport, saying “I only wanted to travel onward” is not automatically exculpatory. Transit and border cases require especially precise assessment. |
What those affected should do and avoid now
| What may be sensible | What you should avoid |
|---|---|
| Clarify early what specific allegation is being made. | Giving detailed explanations out of panic without knowing the file. |
| Have the file, seizures and laboratory results reviewed. | Spontaneously incriminating other people or commenting on chat histories. |
| Discuss health-related options in cases of dependency or personal use. | Assuming that a “small quantity” automatically has no consequences. |
| Take deadlines, summonses and conditions seriously. | Ignoring official letters. |
When is legal support useful?
Legal support is especially useful where a report, summons, house search, arrest or seizure is at issue. This also applies where it is unclear whether the case concerns only personal use or already supply or trafficking.
A defence lawyer can help obtain access to the file, assess the evidence, prepare statements and examine whether diversionary solutions, health-related measures or other procedural routes are realistic. This is particularly important before statements are made too quickly or documents are handed over voluntarily.
Drug offences often involve more than the immediate penalty. Driving licence, residence status, work, studies, firearms law or travel plans can also be affected. Early legal assessment can therefore help avoid consequential damage.
Frequently Asked Questions About Drug Trafficking and Drug Offences in Austria
Is drug use punishable in Austria?
Use itself is not expressly listed as a prohibited act. In practice, however, acquisition or possession can be punishable because use usually presupposes prior possession.
What can happen for drug possession in Austria?
That depends on the substance, quantity, active ingredient content, purpose of possession and prior record. Personal-use cases may allow different procedural options than cases involving suspected supply or trafficking.
When is an allegation treated as drug trafficking?
Drug trafficking may be at issue where narcotic drugs are to be offered, transferred, procured, imported, exported or put into circulation in a relevant quantity. The threshold quantity under the Austrian Narcotic Substances Act is particularly important.
What is the threshold quantity for narcotic drugs?
The threshold quantity is a statutory limit for individual active substances. It does not mean that everything below that limit is permitted, but it affects the legal classification of more serious offences.
Do I have to make a statement to the police immediately?
Suspects should know their rights and the contents of the file before making a statement. An unconsidered statement can be difficult to correct later.
What should I do if I am arrested in a drug case?
Stay calm, ask for a clear explanation of your rights and contact legal assistance. In Austria, arrested suspects have access to an on-call lawyer service.
Can a narcotics case be discontinued?
That is possible, but not guaranteed. Depending on the case, discontinuance, provisional withdrawal from prosecution, health-related measures or court proceedings may come into consideration.
Is cannabis legally less problematic than other drugs?
Cannabis cases are often assessed differently in practice from cases involving hard narcotics, but they remain legally relevant. THC content, quantity, purpose and the specific suspicion are decisive.
What happens after a report for drug possession?
The public prosecutor examines whether punishable possession, acquisition or another prohibited act can be proven. Depending on the substance, quantity, purpose and prior record, discontinuance, provisional withdrawal from prosecution, conditions or further criminal proceedings may follow.
Can I refuse a drug test?
A general answer is not possible. It depends on the legal basis and the situation. In road traffic, refusing a saliva screening, medical examination or blood sample can have significant administrative and driving licence consequences. In employment, police investigations or doping matters, it must be assessed separately who is requesting the test and what consequences are attached to it.
Does doping legally count as drug possession?
Not automatically. If the active substance is a narcotic drug, the Narcotic Substances Act may apply. For other prohibited doping substances, the criminal provisions of the Austrian Anti-Doping Act or other rules may apply if the statutory requirements are met.
Are SARMs, anabolic steroids or growth hormones punishable in Austria?
That depends on the specific active substance, quantity, purpose and conduct. SARMs, anabolic steroids and growth hormones are not automatically classic narcotic drugs. Depending on the case, however, the Anti-Doping Act, medicines law, customs law or, in certain situations, the Narcotic Substances Act may become relevant, for example in relation to import, possession, supply or sale.
What is especially risky about drugs at the airport?
At the airport, import, export or transit may additionally become relevant. According to case law, import by air transport can already be completed when the border is crossed or the aircraft lands, even if the substance is discovered in the transit area.
Sources
- Narcotic Substances Act and threshold quantities
- RIS: Section 27 SMG – Unlawful handling of narcotic drugs
- RIS: Narcotic Substances Act – full current version
- RIS: Section 28 SMG – Preparation of drug trafficking
- RIS: Section 28a SMG – Drug trafficking
- RIS: Section 35 SMG – Provisional withdrawal from prosecution
- RIS: Narcotic Drugs Threshold Quantity Regulation, Annex 1
- RIS: Section 4 New Psychoactive Substances Act – Criminal provisions
- Official information
- Criminal procedure law
- Road traffic and drug testing
- RIS: Section 5 StVO – Examination, saliva test and blood sample
- RIS: Section 99 StVO – Penalty provisions
- RIS: Saliva pre-test device regulation 2017
- RIS-VwGH: Ro 2019/11/0006 on clinical examination and blood sampling after suspected drug influence
- RIS-VwGH: Ra 2019/11/0142 on assessment after refusal of blood sampling
- Doping and distinction from narcotics law
- Case law
- RIS case law: Austrian Supreme Court legal rule RS0088590 on small quantities of narcotic drugs
- RIS case law: Austrian Supreme Court 13 Os 45/11h on possession, supply and drug trafficking
- RIS case law: Austrian Supreme Court legal rule RS0123898 on Section 28a SMG, threshold quantity and intent to aggregate quantities
- RIS case law: Vienna Higher Regional Court 18 Bs 138/25p on air transport, import and transit
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