“Admittedly – turned back” – expert opinion tilts the ban on sales for cannabis cannabis flowers from now on legally available again in specialist shops

The newly founded Austrian cannabis federal association (ÖCB) today presented a pioneering legal opinion by Prof. Heinz Mayer, which brings clarity into a smoldering legal uncertainty: cannabis flowers that can be legally sold in Austria are not subject to the tobacco monopoly law. The sale via specialty shops and machines is also legally permitted.

Ordinance chaos with existential consequences for hundreds of shops

The trigger was a decision by the customs authority at the end of 2024, which referred to a maximum judicial knowledge of the Administrative Court. She incorrectly interpreted this in such a way that the sale of legal cannabis flowers was only reserved for tobacco and large -scale tobacco traders – with reference to the tobacco monopoly law.

The effects were devastating: almost 500 CBD shops in Austria suffered sales of up to 80 percent. There were criminal complaints, tax claims and bankruptcies. At the same time, announced by the same time: the inside abroad – the Austrian Treasury lost tax revenue, and the industry was in acute existence.

Expert opinion creates clarity: no monopoly – no prohibitions

The newly founded Austrian Cannabis Federal Association (ÖCB)-an association of around 50 affected entrepreneurs: Inside-therefore commissioned the renowned constitutional lawyer Prof. Heinz Mayer with the legal assessment of the situation. The report now presented is clear:

• “Legally tradable cannabis flowers are subject to tobacco tax, but are clearly not an object of the Austrian tobacco monopoly.”
  – Prof. Heinz Mayer, March 2025

• According to Mayer, an expansion of the tobacco monopoly to cannabis would be unconstitutional, contrary to European law and an inadmissible interference with freedom of work.

New association as a strong voice for cannabis in Austria

With today’s press conference, the ÖCB is also presenting itself as the new advocacy of the cannabis industry in Austria. The aim is to actively shape the legal, political and economic framework for the cannabis market – factual, factual and in dialogue with politics and society.

“The cannabis industry now needs what other industries have had for a long time: a clear voice with expertise that is committed to a fair and legally secure market,” explains Klaus Hübner, chairman of the ÖCB.

Requirement to politics: create legal clarity and initiate modernization

The ÖCB now calls for:

• Immediate termination of arbitrary authority practicethat clearly contradicts the report,

• Political initiatives for decriminalizationSimplification in tax law and adaptation of the Sugetic Center Act,

• as well as a broad debate about an independent cannabis lawas it has long been a reality in many EU countries.

About the Austrian Cannabis Association (ÖCB):
The Austrian Cannabis Association (ÖCB) is the nationwide advocacy of the legal cannabis economy in Austria. The association is committed to a fact -based, legally secure and fairly regulated market for cannabis products – in the sense of consumer: inside, dealers: indoor and producer: inside. As an independent voice of the industry, the ÖCB promotes dialogue with politics, authorities and society and is committed to modern legal framework conditions, legal certainty and sustainable added value. In 2025, the association was founded by those affected by the monopoly and tax law crisis around the CBD specialist trade and currently unites over 50 members from all over Austria.