Austria: Constitutional lawyer disagrees: CBD flowers not automatically part of the tobacco monopoly | Cannabis Law Report | How to buy Skittles Moonrock online

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2025-04-18 | An expert opinion by renowned lawyer Heinz Mayer opposes the legal interpretation of the Austrian Ministry of Finance, according to which CBD flowers may only be sold in tobacconists, reports Falter. Mayer argues that although tobacco tax is levied on the products, they are not automatically subject to the tobacco monopoly. An extension of the monopoly to hemp flowers would be highly questionable under constitutional and EU law. The federal cannabis association ÖCB, which commissioned the report, is calling for legal certainty for CBD stores. Some retailers have already resumed sales, but advise them to build up reserves for possible tax claims. The BMF is sticking to its position and refers to a pending audit result.

Source: German Cannabis Business Association