No, Salvia divinorum is not explicitly banned in Austria, but its psychoactive constituent salvinorin A is controlled under the Narcotic Substances Act (Suchtmittelgesetz) via the 2026 amendment classifying it as a “substance with abuse potential.” Possession for personal use remains technically legal, though law enforcement may seize it under analog provisions. The Federal Ministry of Social Affairs, Health, Care and Consumer Protection (BMSGPK) monitors its distribution closely.
Key Regulations for Salvia Divinorum in Austria
- Controlled Analog Provisions: Salvinorin A is treated as an “analog” of prohibited substances under § 2(1)(3) of the Narcotic Substances Act, enabling prosecution for trafficking or large-scale possession.
- Retail Restrictions: Vendors must comply with the Chemikaliengesetz (Chemicals Act), requiring special permits for sales, with penalties up to €72,600 for violations.
- Border Controls: Customs (Zollbehörden) enforce EU-wide monitoring, with imports subject to seizure if deemed for recreational use, per EU Council Decision 2005/387/JHA.
Recent jurisprudence from the Oberster Gerichtshof (Supreme Court) in 2025 upheld convictions for salvinorin A distribution, reinforcing its de facto prohibition despite the lack of a dedicated listing.