New Regulations on the Sale of CBD Flowers in Austria

Published on: 15/03/2025

Starting from 2025, Austria has introduced new regulations regarding the sale of hemp flowers with a THC content of less than 0.3%. According to a recent ruling, these products are no longer classified as narcotics but are now regulated by the tobacco monopoly law

Dried hemp flowers with a THC content of no more than 0.3% have recently been reclassified as non-narcotic substances. Consequently, they are now subject to the Tobacco Monopoly Law.

As of this year, Austria has implemented new regulations governing the sale of CBD flowers.

This decision has a significant impact on all hemp shops—both physical stores and online retailers—within Austria, as well as on foreign suppliers exporting to the Austrian market.

In this article, we will provide a detailed analysis of the ruling by the Administrative Court, its consequences for cannabis sellers and consumers, and additional information regarding the trade of CBD flowers.

Read also: Advantages and disadvantages of cannabis: 5 advantages (objectives) of legalisation

Legal Status of Hemp Flower Sales in Austria

Until December 2024, CBD flowers were classified as hemp-derived products, along with CBD hash, extracts, and oils. However, starting in January 2025, certain regulations concerning dried flowers have changed.

In Austria, CBD flowers are legal as long as they contain less than 0.3% THC. This same threshold is recognized in several other European countries, including Germany, France, Italy, the Netherlands, Spain, Portugal, Poland, and Switzerland. Although Switzerland is not part of the European Union, it follows similar regulatory standards.

It is important to note that regulations can vary from country to country and even within different jurisdictions. Some nations impose additional restrictions on the sale or use of CBD flowers. Therefore, it is always advisable to check local laws before purchasing or selling these products.

Dried hemp flowers have been classified as non-narcotic because they do not produce psychoactive effects when mixed with tobacco in cigarettes.

Ruling by the Supreme Administrative Court on Hemp Flowers

On January 29, 2025, Austria’s Supreme Administrative Court issued a key ruling that will have legal consequences for both consumers and cannabis retailers.

The Supreme Administrative Court is the highest administrative court in Austria. It is responsible for resolving disputes related to administrative decisions and applies legal regulations on matters such as taxation, trade regulation, and other administrative issues.

Regarding the sale of CBD flowers, the court clarified that dried hemp flowers with a THC content below 0.3% are not classified as narcotics. As a result, these products are now subject to tobacco taxation.

Consequently, hemp flowers now fall under the Tobacco Monopoly Law, meaning they can only be sold in licensed tobacconists. Hemp shops are excluded from this regulation, and sales through vending machines are also prohibited.

CBD flowers may only be sold in authorized tobacconists. Other businesses, such as restaurants or gas stations, may only offer these products if they purchase them from an approved tobacconist, in accordance with Article 40 of the Tobacco Monopoly Law (TabMG 1996).

Penalties and Information for CBD Flower Consumers

While consuming cannabis flowers or legal hashish with a THC content below 0.3% remains legal in Austria, purchasing them from unauthorized sellers — such as hemp shops that are not licensed tobacconists — can lead to legal consequences.

To avoid penalties, consumers should only buy from officially licensed retailers, i.e., authorized tobacconists.

Furthermore, staying informed about the new regulations and the impact of tobacco taxation on the availability and pricing of CBD flowers is crucial. In case of uncertainty, competent authorities such as the customs office can provide additional information.

Price Increase for CBD Flowers in Austria

CBD flowers containing less than 0.3% THC are now subject to a 34% tobacco tax, which is expected to lead to increased prices for end consumers.

Retailers are required to integrate this tax into their sales prices, meaning that the cost of legally purchased hemp flowers will rise. The additional tax burden will be passed on to customers, resulting in increased expenses, particularly for regular buyers.

Both physical and online stores will have to adjust their pricing strategies accordingly, which may impact the competitiveness of the market.

Authorization Process for Wholesalers and Pricing Regulations

Wholesalers are permitted to sell cannabis flowers but must comply with specific legal and tax requirements.

The time required to obtain a wholesale license, as outlined in Article 6 of the Tobacco Monopoly Law (TabMG 1996), depends on the quality and completeness of the submitted documents.

Before a wholesaler’s license can be issued, the applicant must also obtain approval as a tax warehouse or registered consignee under the 2022 Tobacco Tax Law. Once all necessary permits are granted, the wholesaler may distribute tobacco-related products within the state monopoly framework.

According to Article 9 of the TabMG 1996, wholesalers must determine their product prices and notify the Ministry of Finance in writing. These prices must then be published on the government’s electronic platform at least five business days after notification.

Tobacconists may only sell these products at officially listed prices. Selling at different prices before an official update is strictly prohibited.

Advertising Restrictions on Hemp Flowers

With the new regulations under the Tobacco Monopoly Law, hemp flower products classified as smoking goods are now subject to strict advertising restrictions, similar to those applied to conventional tobacco products.

This means that promotional activities for these products will be heavily regulated, limiting their visibility in media outlets and retail locations.

As a result, consumers may notice a reduction in advertising and promotional campaigns related to CBD flowers, both in physical stores and online.

These restrictions could limit access to informational content about hemp products, making them less visible across public and commercial advertising platforms.

Retailers and producers will need to adapt their marketing strategies accordingly to comply with the new rules and avoid legal issues.

Read also: Is it legal to grow hemp?

Conclusion

With these new regulations, staying informed about the updated laws on hemp flower sales and the tobacco tax in Austria is essential to avoid legal complications.

For further details, refer to the official information published by the Austrian Ministry of Finance.

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