New Rules for the Sale of Legal Hemp: This is What Changes

The government plans for hemp shops to have time for reorientation during a transition phase. To continue selling until the end of 2028, they need a "hemp license" from the monopoly administration. Additionally, the shops must have been in existence since the beginning of 2025 and primarily traded in hemp products containing a maximum of 0.3 percent THC.

Legal Uncertainty in the Sale of Legal Hemp Due to Customs Authority Decision

The question of the authorization to sell legal hemp had previously caused legal uncertainties. The trigger was a decision by the customs authority at the end of 2024, which referred to a supreme court ruling by the Administrative Court. It interpreted this to mean that the sale of legal cannabis flowers was reserved exclusively for tobacconists and tobacco wholesalers - with reference to the Tobacco Monopoly Act. The hemp industry, or the newly formed Cannabis Federal Association (ÖCB) in the spring, vehemently disputed this interpretation and warned of an existential threat to the industry.

Nicotine Pouches and E-Liquids for E-Cigarettes Subject to Tobacco Tax from April 2026

Further changes for nicotine pouches and e-liquids, which will be subject to tobacco tax from April 2026, were also decided in the Council of Ministers on Tuesday. In addition, like legal hemp, they may only be sold in tobacconists or licensed "vape shops" in the future, which is also intended to strengthen youth protection. The tax rate will be based on the quantity of products sold: for example, 200 euros per liter will initially be levied for e-liquids, and from February 2028, the rate will increase to 260 euros per liter, according to ministry documents. Previously, no tax was levied on nicotine pouches and e-liquids. The government hopes for additional revenue of nearly 500 million euros in total between 2025 and 2029 from the new regulations, which are to be passed in the National Council this year, as Finance Minister Markus Marterbauer (SPÖ) explained in a statement.

(APA/Red)

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