There is little doubt that the nation is increasing its use of medical services, but further changes could be coming.
Currently, when it comes to the legalization of cannabis, Austria is in an intriguing position. Even though its two trading partners are pushing the envelope of the conversation in the EU, the third member of the DACH alliance in Europe (which also includes Germany and Switzerland) now lacks a legislative pathway to reforming the legalization of recreational cannabis.
Despite the fact that none of the dronabinol sold in the nation is produced domestically, sales have increased year over year and import volumes. Several hundred kilograms of medicinal cannabis flower are produced annually by the Austrian Agency for Food and Health (AGES), but all of it is exportedthe bulk of it historically entering Germanyto be converted into dronabinol and then reimported.
There are some disturbing similarities despite the fact that the medical market in this country is smaller than the one in Germany, there is less cultivation, and there is no extraction. Specifically, patients have numerous obstacles when trying to get insurance payment. At the moment, filing a lawsuit in Germany is likewise the fastest assured route, but given the backlog of legal cases, this is only a new justification for further delays.
Austria’s progress on cannabis legalization
Cannabis cannot be used, purchased, sold, or grown in Austria (except if not allowed to bloom). However, since 2016, possessing tiny amounts of the flower has been essentially decriminalized, with penalties consisting of fines roughly equivalent to those for a parking infraction.
However, the case is progressing in the courts, much like other nations who have continually put off reform.
A Supreme Court appeal could alter the situation
The country’s Constitutional Court is currently reviewing a private petition filed by a 26-year-old man named Paul Burger in Vienna. This case could wind up being game-changing. In 2020, two undercover police officers discovered him in possession of a partially burned joint. He has a fair chance of succeeding in his case because he has a strong champion for civil rights, Dr. Helmut Graupner, on his side. Additionally, Burger was successful in overturning the law prohibiting same-sex unions.
The constitutionality of the nation’s Narcotics Drugs Act is currently being considered by Austria’s highest court. The court is being asked to uphold personal consumption that does not harm others, in line with arguments made before the Supreme Court of Mexico.
A potential market leader or the odd man out?
Although not as directly as in the North American context, the constitutionality of personal access, possession, and cultivation has been raised during the legalization debate in Europe (see both Canada and Mexico). The European Court of Human Rights rejected Albert Tio’s legal appeal in Spain on the access discussion as it related especially to the clubs last year.
Prior to 2017, it was evidently patients’ legal battles in Germany that changed the game, but the Bundestag passed a new law as soon as patients started to prevail in court.
In particular, one that prohibited patients from growing their own and required them to purchase the medication from a pharmacy with a doctor’s prescription; as long as the patient’s illness could not be cured with other medications, insurers were compelled to cover.
The German government is currently on track to enact legalizing legislation by the end of the year because that model has mostly failed. Given that the Austrian case is expected to be resolved around the same time, this could mean that, at least in the German-speaking parts of the region, this establishes a legal and legislative precedent that formally establishes recreational cannabis reform not only in the DACH countries but also in the rest of Europe.
