1. What the law is
Diversion is mandatory in minor Austrian drug cases, and the offense is still an offense. Section 27 of the Suchtmittelgesetz makes unauthorized acquisition and possession of a narcotic drug punishable by up to one year imprisonment, or up to six months where the act is exclusively for personal use. In minor personal-use cases prosecutors must withdraw the charge against a probation period and, where needed, treatment. The statute names psilocybin mushrooms in its own words.
2. Trials in Austria
Interventional psilocybin trials with at least one site in Austria, as their sponsors filed them with ClinicalTrials.gov, EU CTIS and ISRCTN. Each row links to the registry record, which sets out who may take part.
Recruiting or opening counts trials recruiting now, not yet recruiting, or enrolling by invitation. Closed counts trials terminated, suspended, withdrawn or left unverified by their sponsors.
| Registry ID | Trial | Phase | Sponsor | Status | Start date |
|---|---|---|---|---|---|
| NCT07490353 | Elucidating the Relevance of the Psychedelic Experience to Psilocybin's Anti-Anhedonic Effects (opens in new tab)Recruiting at Medical University of Vienna, Department of Psychiatry and Psychotherapy, Division of General Psychiatry, Vienna | Phase Phase 1 | Sponsor Medical University of Vienna | Status Recruiting | Start date |
| 2024-518654-16-01 | Psilocybin in treatment-resistant depression (opens in new tab)Site at LKH Graz II, Standort Süd, Graz | Phase Not stated | Sponsor LKH Graz II | Status Authorised | Start date Not stated |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
3. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Illegal status takes effect.
4. Proposed laws
No proposed law is on file in Austria that would change this entry, as of the 16 Aug 2026 review.
5. Common questions
Is psilocybin legal in Austria?
Psilocybin is illegal in Austria.
Are magic mushrooms ("shrooms") legal in Austria?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin, and this entry states the law on psilocybin itself, which some laws treat separately from the fungus. Psilocybin is illegal in Austria.
Read the law
Suchtmittelgesetz (SMG, BGBl. I Nr. 112/1997), section 27: unauthorized acquisition or possession of narcotics is a criminal offense punishable by up to 1 year imprisonment (up to 6 months if exclusively for personal use). Sections 35 to 37 provide diversion, meaning prosecution is withdrawn against a probation period and, where needed, treatment.1
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.ris.bka.gv.at (opens in new tab) · ris.bka.gv.at
- 2.European Union Drugs Agency.European Union Drugs Agency (opens in new tab) · euda.europa.eu
This entry is for information only and is not legal or medical advice. Laws change, and enforcement can differ from the letter of the law, so check the current position against the primary sources above before relying on it.
Changes to this record
2 changes on file, the latest on . Show allHide
Every change we have made to this record, dated, corrections included. Nothing changes silently.
Austria's entry was checked again against the statute itself and nothing had changed. The law names psilocybin mushrooms in its own words.
Austria was filed as having decriminalized possession. It has not: possession is a criminal offense that prosecutors may divert into probation and treatment, and the status was corrected to illegal.
Psilocybin Media Group. "Austria: psilocybin legal status." The Psilocybin Record, accession AT-001, version of 23 Aug 2026. https://psilocybinlegalization.com/record/austria