Is Psilocybin Legal in Austria?

⚠️ Not Legal Advice

This page is for educational purposes only and does not constitute legal advice. Drug laws change frequently. Always verify the current status directly with Austria's Bundesministerium für Soziales, Gesundheit, Pflege und Konsumentenschutz (Federal Ministry of Health) or the Bundesamt für Sicherheit im Gesundheitswesen (BASG) (https://www.sozialministerium.at) or a qualified Austrian lawyer before making any decisions. Diversion to treatment under SS 35-37 SMG is discretionary, not a guaranteed outcome, and does not apply to supply or trafficking offences.

Last reviewed: July 2026. This entry is drawn from Psilobase's broader Legal Status by Country guide. Because psilocybin law is an actively moving target worldwide, treat any date-stamped legal claim — including this one — as needing re-verification if you are reading it more than a few months after the review date above.

Quick Answer

Psilocybin is illegal in Austria, placed in Schedule I (Suchtgift) of the Suchtmittelgesetz (SMG, Narcotic Substances Act) alongside the most tightly restricted drugs. However, Austrian law includes a notable diversion mechanism: under Sections 35 to 37 SMG, prosecutors and courts may waive prosecution of personal-use possession in favour of health-related measures such as counselling or treatment. This is commonly applied to small quantities intended for personal use, which softens the practical impact of the formal Schedule I classification for individual users — but it is discretionary, not an entitlement, and does not apply to supply or trafficking.

Current Legal Status in Austria

Under the SMG, unauthorised possession, cultivation, or supply of psilocybin-containing mushrooms is a criminal offence. Simple possession for personal use, if quantities are small, is frequently diverted away from criminal prosecution and toward treatment or counselling programmes under SS 35-37 SMG — a health-first mechanism inspired by Austria's broader harm-reduction-oriented drug policy tradition. This diversion is applied at the discretion of the prosecutor and is not guaranteed in every case, particularly for repeat offences. Supply and trafficking are prosecuted as criminal matters with penalties ranging from roughly 1 to 5 years' imprisonment for standard supply, rising to as much as 15 years for large-scale or aggravated trafficking. Cultivation for the purpose of sale is treated as supply, not personal use. Scientific research requires special authorisation from the Bundesamt für Sicherheit im Gesundheitswesen (BASG), Austria's medicines regulator, and clinical interest in psilocybin-assisted therapy has been growing in Vienna and other academic centres, though no broad legalisation or medical-access framework exists as of 2026.

History: How the Law Got Here

Austria's Suchtmittelgesetz, in force since 1998 (replacing earlier narcotics legislation), classifies psilocybin among the most restricted "Suchtgifte." What distinguishes Austria from many neighbouring countries is its long-standing "Therapie statt Strafe" ("treatment instead of punishment") philosophy, formalised through the SS 35-37 SMG diversion provisions. These provisions were designed primarily with opioid and stimulant users in mind but apply in principle to any controlled substance, including psilocybin, when possession is clearly for personal use and quantities are modest. This reflects a broader Central European public-health-oriented approach to drug policy that predates, and is procedurally distinct from, the decriminalisation models used in Portugal or the Czech Republic. As of 2026, there has been no legislative move to reschedule or formally decriminalise psilocybin in Austria; the diversion pathway remains a matter of prosecutorial and judicial discretion rather than a fixed legal right.

How to Verify This Yourself

Laws referenced on this page were last reviewed in July 2026. Before making any decision based on legal status, check directly with Austria's Federal Ministry of Health: https://www.sozialministerium.at, or the EMCDDA's Austria country profile for a European comparative view. For broader cross-country comparison and additional official sources, see the full Legal Status by Country guide.