Which European country loves weed the most?

Austria is currently in an intriguing position regarding the legalization of cannabis. The third member of the European DACH Alliance (a union also made up of Switzerland and Germany) currently has no apparent legal path to reform adult cannabis use. This remains the case, although its other trading partners are committed to such a debate in the European Union.

While this is the current situation, dronabinol sales in Austria continue to increase every year despite not being locally produced. AGES (The Austrian Agency for Food and Health) grows hundreds of kilos of medicinal cannabis flowers every year, which are exported to neighboring countries. Historically, a larger percentage is exported to Germany, which is then refined into dronabinol and imported back into Austria.

Although the medical cannabis market in Austria is smaller compared to Germany – limited cultivation without extraction – both countries have some terrible things in common. One such similarity would be that patients face several challenges in obtaining insurance reimbursement. In Germany, the fastest and safest way is currently to sue, which given the flood of legal cases is just another reason for further delays and deadlocks.

Proponents in Austria are now trying to do away with all of this and deal head-on with the legalization of recreational cannabis, albeit not through Congress but through the legitimate challenge

The status of cannabis reform in Austria

The issues surrounding cannabis in Austria are quite complex with so many great areas of cannabis law. Official use of cannabis by adults is illegal in the country, but 30% to 40% of some young citizens aged between 15 and 24 have tried cannabis. As things stand, herbal cannabis products are the most frequently seized drugs across the country. A country where hashish takes second place.

Among young citizens, medicinal use of cannabis is considered more acceptable compared to adult use. A survey conducted in 2017 found that 78% of young adults agree with this trend. They believe medical marijuana should only be sold with a doctor’s prescription and should only be available in dispensaries. Only a small percentage (29%) supported making marijuana available to adults 21 and older.

The same poll also showed that although cannabis is used for medicinal purposes, a larger percentage of Austrians want strict regulation. Only a small percentage of 26% supported that everyone should be able to grow cannabis for medicinal purposes. 20% remained unsure and 53% disagreed. Only about 21% supported medicinal cannabis being available for purchase in hemp stores and drugstores without a doctor’s prescription, while 59% opposed it. In summary, while the Austrian government has no intention of imposing stricter restrictions, support for less strict laws does not seem popular with Austrians.

Cannabis reform in Austria still has a long way to go. It is currently illegal for citizens to sell, buy, consume or grow cannabis (unless the plant is not allowed to flower). However, possession of small amounts of cannabis flower has been decriminalized since 2016.

Nonetheless, like any other country that has consistently stalled on cannabis reform, the case continues to move forward in court.

The Supreme Court challenge can change the game

Things could soon change for recreational cannabis reform in Austria. A conceivable deal-breaking case is currently pending in the country’s constitutional court. The court is currently reviewing a private lawsuit filed by a 26-year-old named Paul Burger.

In 2020, Burger was arrested by two undercover officers in Vienna in possession of a half-burned joint. Now he, together with a renowned lawyer, Dr. Helmut Graupner, good chances of winning the case. It is also known that Dr. Helumt Graupner has previously challenged the country’s ban on same-sex marriage, a case he won. Many supporters therefore hope that it will also be successful in this case.

With Burger’s application, the highest court in Austria must now examine whether the Narcotics Act in Austria is constitutional. Similar to the Supreme Court in Mexico, it is argued that private cannabis use does not endanger others.

Therefore, the right to self-determination and privacy should protect cannabis use that does not harm others. The same reasoning is also very similar to the idea responsible for legalizing assisted suicide, which was passed in Austria earlier this year.

The black sheep or potential market leader?

The legality of private use, cultivation and possession of cannabis is an issue that has accompanied the legalization debate in Europe. Although the debate is not as direct compared to the context of North America (you can check both Mexico and Canada. Just last year Albert Tio filed a legal challenge in Spain regarding the access discussion when it was brought to the clubs. But unfortunately the European Court of Human Rights rejected the challenge.

In the German context, before 2017, the legal challenges faced by patients became the turning point for the legalization of cannabis. But when the patients began to legally count on their victories, the Bundestag enacted new laws. For example, one of the laws required patients not to grow their cannabis. Rather, they should obtain it from a pharmacy on the basis of a doctor’s prescription. In addition, the law required insurers to reimburse the patient if the patient’s condition could not be treated with other drugs.

The model failed massively in its current form, which is why the federal government is now in the process of enacting legalization measures again before the end of the year.

Conclusion

Since the decisions in the Austrian case are due to be made at around the same time, this could set a precedent in the German-speaking part of Austria. Eventually, this could formalize adult cannabis reform across Europe and not just in the DACH countries.

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