Cannabis legislation in Portugal: a unique feature in Europe
|
|
Reading time 4 min
CONTENTS
Portugal is unlike any other country in Europe. It stands out for its drug policy, which has focused on health and decriminalization since 2001. Cannabis benefits from a special regime. Personal use is decriminalized, medical cannabis is regulated, and CBD is legal. Mama gives you the lowdown.
Things to remember
- Cannabis for personal use is decriminalized, but not legalized.
- Medical cannabis is regulated, with prescriptions and authorizations (controlled by INFARMED).
- CBD and CBD-derived products are in a legal grey area.
Decriminalization vs. legalization of cannabis in Portugal: what you need to understand
Let's start with a very important point that makes all the difference: decriminalization is not legalization.
In 2001, Law 30/2000 decriminalized the possession, use and consumption of all drugs, including cannabis, for individual quantities estimated to be sufficient for around ten days' consumption.
This means that if you're found with a quantity of cannabis for personal use, it's not a criminal offence. So you don't risk prison. On the other hand, you may be summoned to a Drug Deterrence Commission, receive a warning, have to pay a fine or undergo public health treatment, depending on the judicial decision.
But not too quickly! The sale, distribution, trafficking or unauthorized cultivation of cannabis remain punishable crimes, often severely so. This legislation continues to make a strong distinction between personal use and illegal commercial activities.
The case of medical cannabis
Portugal has also taken an important step by legalizing medical cannabis via Law 33/2018. This makes it possible to prescribe cannabis-based products (oils, extracts, preparations derived from the plant) on medical prescription.
INFARMED is the authority overseeing marketing, quality and import/export authorizations.
By 2025, however, standards for medical products will have been tightened . The specifications are more stringent, with requirements for Good Manufacturing Practices (GMP). Proof of batch analysis and rigorous import/export documentation are also required. These measures are designed to guarantee both patient safety and European compliance.
However, despite the large-scale production of medical cannabis (including for export), many patients in Portugal face obstacles to effective access to medicines. Some products are not available in pharmacies, costs are high, and administrative requirements are cumbersome.
The legal status of CBD and CBD-derived products
CBD is a big topic of discussion in the country. In 2025, Portugal hasn't completely normalized it, and Mama went there to check it out.
According to the DGAV, CBD as a food (in dietary supplements) is considered a novel food under European regulations, which means that it is not yet authorized for certain food uses.
In the cosmetics sector, INFARMED has withdrawn certain products containing CBD or cannabis extracts which did not comply with current standards.
As far as cultivation is concerned, industrial hemp for fiber and seed is authorized under certain conditions. But hemp flowers and other CBD-rich parts of the plant for non-medical use remain highly regulated. To tell you the truth, they are often banned or subject to strict controls.
What are the latest legislative developments and current debates?
In 2023, the Portuguese Parliament passed major changes to the law on drugs (Ordinance 94/96).
From now on, exceeding the quantities considered for personal use will not automatically lead to a charge of trafficking. Intention must now be proven.
In addition, political parties such as the Bloc de Gauche (BE) and the Initiative Libérale (IL) have proposed bills to legalize or regulate recreational cannabis more freely, but none has yet resulted in actual legalization.
Finally, the regulatory reinforcement in 2025 in the medical cannabis sector proves that Portugal wishes to be a serious industrial player, with high standards, while maintaining strict controls on non-medical uses.
And compared with other European countries?
Portugal is often cited as a model of advanced decriminalization for personal consumption. Many countries in Europe have stricter policies, where possession is still punishable by law or illegal sales are strictly repressed.
For example, some European countries tolerate small quantities, but still impose penalties or lock-ups for personal use. The Portuguese model is in a class of its own, since the response to personal use is administrative rather than penal.
However, when it comes to legally regulated recreational cannabis (I'm talking here about personal sales and cultivation), Portugal is not (yet) the most advanced state in the world, and I'm thinking in particular of the United States or Germany, which legalized cannabis in 2024.
Article written by Benjamin Poirel-Nadal
Passionate about natural well-being and plants with multiple virtues, I've been exploring the benefits of CBD and its various forms for several years.
My aim? To share with you clear information, honest opinions and practical advice to help you integrate CBD into your daily life with confidence and serenity.
