The use of controlled drugs is not cited in Austrian law as a specific offence, but illegal possession of drugs is a crime. This text was amended in 2008 by the introduction of an s.8a to create the conditions for the collection and use of data on alternative treatments at the federal level, including the creation of a mandatory substitution register, maintained by the Ministry of Health, to prevent multiple treatments with substitute substances and to use data for statistical purposes. In accordance with Article 21 of the SMG, substances may be seized in the event of non-compliance with the requirements in order to avoid any deviations in the production of illicit narcotics and/or psychotropic substances. The criminal provisions of the SMG include the wholesale sale of raw materials to art. 32, which provide for up to two years` imprisonment for the purchase or possession of raw materials, knowing that they are used to produce large quantities of narcotics and/or psychotropic substances, and five years in prison for the production, importation, export or marketing of a precursor with similar knowledge. Violations of licensing or documentation requirements can result in a fine of up to 36,300. Development of Legislation Controlled Substances Drugs and Drug-Related Possession Prosecutions and Practices Prevention, Care and Treatment Damage Control Precursors Money Laundering and Seizures New Developments Links References January 1, 1998 came into force the Narcotics Act (January 1, 1998). SMG) as a replacement for the Narcotics Act. The new law is a continuation of Austria`s approach to drug policy, which has already been adopted under previous drug laws, in particular the application of the principle of therapy rather than punishment.
For this reason, it provides for severe penalties for drug trafficking or trafficking, which are now also applied to psychotropic substances and precursors, while a series of measures are being taken to treat and rehabilitate drug addicts who have committed a crime. By this law, Austria joins its partners in the European Union by fully adopting the current UN conventions on drugs, which have not been fully ratified pending this new text, and by controlling the substances and precursors contained in Tables III and IV of the 1971 United Nations Convention, which are included in Tables I and II of the 1988 United Nations Convention. There is no age limit set in the law, but the narcotics decree requires that a second notice be sought for the indication and diagnosis for patients under the age of 18. It also regulates the conditions for taking alternative drugs. According to these texts, the general principle is that long-term prescribing requires the daily delivery of substitution treatment under the authority of the pharmacist. However, it is possible to bring home the daily dose for Sundays and holidays. Other exceptions for patients undergoing treatment are possible under certain conditions (no abuse during long periods of treatment, professional reasons, problems of place of residence…). Article 28 (SMG) introduces the concept of “large quantity” as a division of criteria between serious and serious offences.