Between legalization, decriminalization, and the classification of controlled substances, it can sometimes be difficult to navigate the rules governing CBD and cannabis in Europe. Each country is free to set its own rules. Here, we’ll focus specifically on the case of Portugal.
What is Portugal's policy on CBD and cannabis?
Are we talking about full legalization or decriminalization?
What is the reality on the ground?
If you're thinking about buying or using CBD and/or cannabis in Portugal, here's everything you need to know!
Is it legal to use CBD in Portugal?
Yes, but on one condition: CBD products must not contain more than 0.2% THC.
The use of CBD is therefore completely legal in Portugal. Many stores have opened throughout the country, making it easy to purchase CBD products. In fact, one of the ways Portugal differs from France is that you can buy CBD products directly at pharmacies, as long as you have a prescription for them.
Portugal: Decriminalization of Personal Cannabis Use
As for cannabis, it is subject to special regulations in Portugal. Growing cannabis is still illegal; however, personal use has been decriminalized. Legalization and decriminalization are indeed two different concepts.
Decriminalization means that individuals face no penalties for personal cannabis use. However, cannabis remains classified as a narcotic and is therefore an illegal substance. If it had been legalized, its sale and use would be unrestricted, and the government could even oversee its distribution. However, in the case of Portugal, this is indeed a decriminalization of personal use and not true legalization. The distinction is important.
Please be aware that growing cannabis at home remains completely illegal. Only the possession and use of cannabis for personal use are permitted, not its cultivation, even at home.
Cannabis cultivation remains illegal
In Portugal, personal cannabis use has been decriminalized; however, its cultivation remains completely illegal. The idea of extending cannabis decriminalization to include cultivation had been vaguely discussed, but never adopted. Thus, any cultivation of cannabis, regardless of its purpose, is illegal in Portugal.
Tools and equipment used for growing cannabis are also prohibited.
What about the sale of cannabis?
As you can imagine, since the cultivation of cannabis is prohibited under Portuguese law, the same applies to its sale. Any trade in cannabis is considered strictly illegal in Portugal and constitutes a criminal offense classified as drug trafficking. As such, penalties can include up to 5 years in prison.
Medical cannabis is permitted in Portugal, but only with a prescription
Medical cannabis is a hot topic in most European countries, and Portugal has also done its share of work on the issue. As a result, since June 2018, the sale and use of medical cannabis have been permitted, subject to certain specific conditions.
In particular, it is essential that medical cannabis be prescribed by a doctor, or that conventional treatments have failed for the patient in question. Medical cannabis is grown directly in Portugal, both to meet the needs of the local population and for export. Portugal’s climate is perfectly suited to this type of cultivation, the main advantages of which are product traceability and quality control.
From a legal standpoint, it is important to keep in mind that any CBD-based medication or treatment must first be approved by Infarmed. Infarmed is an agency under the Portuguese Ministry of Health that has the authority to regulate and monitor all such products before they are released onto the market.
Many serious medical conditions could potentially be alleviated through the use of cannabis. Not cured, of course, but the relief of certain symptoms is already a major step forward for patients. Fibromyalgia, multiple sclerosis, Parkinson’s disease, and depression are among the most common examples.
CBD: What Is the EU’s Position?
In addition to Portugal and the other European countries considered individually, the European Union has also formed its own opinion on CBD—and it’s a significant one.
On the subject of CBD, the EU’s position is clear: it fully supports its commercialization. However, one condition must be met: CBD must not contain more than 0.2% THC. With regard to CBD-based foods, additional requirements are imposed by the European Food Safety Authority (EFSA). It requires that every cannabidiol-based food product be approved in advance by a national food authority before it can be marketed.
At our CBD shop, we ensure that our selection consists exclusively of products that are legal and compliant with current laws.
