Austria
Psilocybin is illegal in Austria as of 16 Aug 2026.1
- Corrected and re-checked against 2 cited sources at this review.
1. What the law is
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 Sections 35 to 37 provide diversion, meaning prosecution is withdrawn against a probation period and, where needed, treatment.1
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. Pending legislation
No bill is on file in Austria that would change this record, as of the 16 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
Illegal status takes effect.
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.
Austria's entry was checked again against the statute itself and nothing had changed. The law names psilocybin mushrooms in its own words.
4. Trials in Austria
Interventional psilocybin trials with at least one study site in Austria, drawn from ClinicalTrials.gov, EU CTIS, and ISRCTN. Registry data is reported by sponsors and shown as filed.
Recruiting, active, completed and closed add up to the 2 trials with a study site in Austria, as of Aug 2026. Closed covers trials terminated, suspended, withdrawn or left unverified.
| Registry ID | Trial | Phase | Sponsor | Status | Started |
|---|---|---|---|---|---|
| NCT07490353 (opens in new tab) | 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 | Started |
| 2024-518654-16-01 (opens in new tab) | Psilocybin in treatment-resistant depression (opens in new tab) | Phase Not stated | Sponsor LKH Graz II | Status Not stated | Started Not stated |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
5. Common questions
Is psilocybin legal in Austria?
Psilocybin is illegal in Austria as of 16 Aug 2026.
Are magic mushrooms ("shrooms") legal in Austria?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in Austria as of 16 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Austria.
Sources and confidence
Every status line is checked against the primary sources below. How each record is graded for confidence is set out in the methodology.
- 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
Cited at the review
This information is for educational purposes only and does not constitute legal advice. Laws change frequently, and enforcement practice can differ from the letter of the law. Verify current status with local authorities before relying on this record.
Changes to this record
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.
Austria: psilocybin legal status. The Psilocybin Record. Accession AT-001. Status as of 16 Aug 2026. https://psilocybinlegalization.com/record/austria
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