Are Psychedelics Legal in Austria?

Austria is one of the most psychedelic-friendly nations in Europe — but they aren’t legal… yet.

By Phil Dubley Fact-Checked By Tripsitter Legal Team · Last Updated: January 14, 2024
Last Updated: January 14, 2024

As part of the UN Convention on Psychotropic Substances, Austria can’t exactly just legalize psychedelics — but they can remove criminal charges for simple possession charges. 

So that’s what they did — but only magic mushrooms. For now. 

Here, we’ll examine Austrian drug laws — dialing in on psilocybin, LSD, DMT, MDMA, and ketamine.

Summary of Psychedelic Drug Laws in Austria

  1. Magic mushrooms are decriminalized.
  2. All other psychedelics are still illegal for any reason except for research. 
  3. Cultivation of magic mushrooms and marijuana is illegal (with limits). 
  4. Marijuana is only legal for medicinal use (prescription).

Austrian Substance & Penalties Chart

PossessionNarcotics or psychotropic
*Special provisions for shrooms and cannabis
Up to 6 months in prison, a fine, or therapy (for addicts)
Trafficking or minors involvedNarcotics or psychotropicsUp to 3 years in prison


Are Magic Mushrooms Legal in Austria?

Magic mushrooms have been decriminalized in Austria since 2016.

If caught in possession of magic mushrooms, the prescribed penalty is mandatory (but free) therapy. Most of the time, police are uninterested in the casual use of psychedelics.

Trafficking remains highly illegal and punishable with both fines and jail sentences as decided in a court. 

Many countries are considering reclassifying magic mushrooms in light of their medicinal qualities and impressive safety profile, which we will discuss later. 

In order for magic mushrooms to become legal here, the UN would need to remove psilocybin from the Schedule I status.

Legal Status of Magic Mushrooms in Europe

Legalization Status

Where to Buy Magic Mushroom Spores in Austria

Fortunately, the cultivation of magic mushrooms is legal in Austria. As a result, there’s an incredible community of spore trading circles and local vendors here. 

Check out places like /r/sporetraders or /r/sporeswap. Vendors living throughout Europe will ship you samples of any strain you want. Sporetrading is legal in most European countries because the spores don’t contain any of the psilocybin or psilocin.

Do Magic Mushrooms Grow Wild in Austria?

Yes, Psilocybe semilanceata, Pholiotina cyanopus, Psilocybe medullosa, and others can all be found growing throughout Austria.

Magic mushrooms have been growing naturally almost everywhere in the world for thousands of years. 

If foraging for magic mushrooms, keep in mind that there are poisonous lookalikes.

What Are the Medicinal Uses of Shrooms?

There has been a strong trend toward legalizing magic mushrooms in Europe and North America in recent years. This is due to recent discoveries about their excellent therapeutic benefits — in this section, we will explain them.

Research involving psilocybin date back to the 1960s. Many researchers have spent a lot of time trying to understand its effects. 

Here are some of the most impressive findings so far:  

  1. Psilocybin & Depression 
  2. Psilocybin & Mental Trauma 
  3. Existential & Anxiety
  4. Psilocybin & Cluster Headaches 
  5. Psilocybin & Addiction
  6. Psilocybin & Problem Solving
  7. Psilocybin & Creativity
  8. Microdosing Psilocybin

Is LSD Legal in Austria?

No, LSD is illegal in Austria.

Decriminalization only applies to magic mushrooms. DMT and other synthetic psychedelics remain illegal in Austria — punishable by fines and up to 6 months in prison. 

With that said, the general sentiment here is that Austrian authorities have essentially deprioritized psychedelics. This means they don’t consider psychedelic drugs like LSD or DMT worth enforcing unless there’s a good reason to do so.

Related: List of Lysergamide Psychedelics.

Is DMT Legal in Austria?

No, DMT (dimethyltryptamine) is illegal in Austria. 

Like LSD, DMT is essentially deprioritized by local law enforcement. This does not mean it’s legal, however. 

Commercial use of ayahuasca, changa, or bufo toad venom is illegal, so there aren’t any psychedelic retreat centers here yet, either.

Is MDMA Legal in Austria?

No, MDMA is illegal in Austria.

MDMA has a ton of research backing its use in the treatment of depression and anxiety. So much, so that other countries have already advanced on its legalization (medical use only).

There are signs the country is going to introduce a legalization bill — but it hasn’t happened quite yet. For now, MDMA and all other amphetamine psychedelics are considered strictly illegal.

Is Ketamine Legal in Austria?

No, ketamine is illegal in Austria.

Like psilocybin, ketamine has proven useful for treating psychiatric conditions such as depression and PTSD. The difference is that ketamine carries a higher safety risk. People can become addicted to the effects of ketamine, and impure products can cause serious injury. Because of these issues, ketamines and other members of the arylcyclohexylamine class are only considered legal in the presence of a trained physician. 

Those caught in possession of ketamine outside this legal framework may be charged with up to six months in prison if they are caught with small amounts. With that in mind, Austria is a tolerant nation — drug charges for simple possession are exceedingly rare. 

Is Marijuana Legal in Austria?

Marijuana has been decriminalized in Austria since 2016.

The Narcotic Substances Act (Suchtmittelgesetz) still lists marijuana and THC as illicit drugs. But the Austrian authorities will not place criminal charges on individuals caught with possession, and local vendors often go unbothered by police. It’s common to find local marijuana vendors operating as bike messengers.  

CBD (cannabidiol) and various psychoactive (natural) psychedelics are also available in Austria — including delta 8, delta 9, and delta 10 THC, HHC, THCP, THCV, and more. 

It’s forbidden to sell edibles containing THC. This is often enforced. 

What’s the Difference Between Legalization & Decriminalization?

Although they may seem synonymous, legalization and decriminalization are different terms.

Decriminalization is the significant reduction of penalties — for example, allowing the possession of small amounts of a substance. Although it may not sound like much, this measure prevents many innocent people from going to jail.

Legalization, on the other hand, is the elimination of all penalties. This measure helps significantly in ending the violence imposed by drug trafficking.

Key Takeaways: What’s The Future of Psychedelics in Austria?

Austrians enjoy some of the most relaxed drug policies in Europe. Magic mushrooms and marijuana have both been decriminalized since 2016. 

Many experts believe Austria will move to decriminalize other substances in the near future but will not likely move to legalize them until the UN Convention on Psychotropic Substances is first amended.

Learn more about Austrian drug policy.