Portugal decriminalized in 2001 the use of all drugs, including cannabis. Recreational users are therefore not not prosecuted, but are advised to undergo medical follow-up. The sale of drugs is still punishable by law.
Concerning the medical cannabis, the Portuguese Parliament recently approved its legalization. Patients can now legally obtain cannabis-based medicines if conventional treatments haven't worked.
Medical
Medical cannabis is legal in Portugal.
Which countries in Europe have legalized cannabis?Under Portuguese law, the use of cannabis for medical purposes is authorized, provided the necessary requirements and compulsory licenses are obtained.
The Portuguese legal framework is defined by Law No. 33/2018, of July 18, and Decree-Law No. 8/2019, of January 15, on the use of medicines, preparations and substances based on the cannabis plant for medical purposes, determining its principles and objectives, as well as the regulation and supervision of activities related to the use of the cannabis plant for medical purposes....
More recently, Ministerial Decree 83/2021 established a number of practical aspects concerning authorizations to carry out activities related to the medical use of the cannabis plant, as well as the requirements and procedures for applying for and granting authorization to carry out activities involving the cultivation, manufacture, wholesale trade, transport, circulation, import and export of medicines, preparations and substances based on the cannabis plant. According to which requests for authorization of activities related to cannabis for medical, veterinary or scientific research purposes must be submitted via the INFARMED website, which will then seek the opinion of the Service d'intervention sur les comportements addictifs et les dépendances (SICAD).
In the case of INFARMED authorization, INFARMED decides on the application within 90 days of the date of admission.
The prescription of cannabis-based medicines, preparations and substances is a special medical prescription drawn up in accordance with a special form approved by the Ministry of Health. The prescription must identify the patient, the prescribing physician, the drug, preparation or substance, the respective quantity, dosage and method of application. Cannabis-based medicines, preparations and substances may only be prescribed when conventional treatments are ineffective or cause significant side effects, and when the therapeutic indication for cannabis-based medicines, preparations and substances has been approved by INFARMED. Prescriptions for cannabis-based medicines, preparations and substances may only be used once.
Cannabis-based medicines, preparations and substances for medical purposes may only be dispensed in pharmacies by pharmacists, on presentation of the relevant prescription and verification of the purchaser's identity.
The holder of a special prescription for medicines, preparations and cannabis-based substances may hold and transport medicines, preparations and cannabis-based substances for his or her own consumption, in accordance with the prescription and up to the prescribed quantity.
The production, import and sale of recreational hemp are prohibited in Portugal.
However, possession of plants, substances or preparations in quantities not exceeding those necessary for average individual consumption over a period of 10 days is not considered a crime.
In addition, the’use of all drugs decriminalized in Portugal in certain quantities since 2001. The policy of decriminalization has led to a drop in the number of hard drug users, a drastic reduction in overdoses and in the transmission of viral diseases such as hepatitis and AIDS.
Growing hemp for industrial purposes is a legal activity in Portugal, under both local and European law.
Administrative rule 14/2022, dated January 5, stipulates that hemp may only be grown in the open air (it cannot be grown in greenhouses or enclosed spaces); cultivation may only take place on an area of at least five hectares; transplanting of plants is not permitted; and the sowing density may not be less than 30 kg per hectare.
From a legal point of view, CBD is in a grey area. Indeed, in Portugal, the marketing of CBD is classified by the authorities as a prohibited activity insofar as CBD, as a substance extracted from the flowers and leaves of the cannabis plant (and not from the stems and seeds), must be treated as a controlled substance. Consequently, it can only be cultivated and marketed in accordance with the rules governing the cultivation and marketing of controlled substances (i.e. essentially for medical purposes).
However, CBD products are widely marketed in Portugal, as is CBD hemp for the domestic market and for export.
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