Portugal closes the door on hemp-based tobacco products

Portugal has published its most explicit position to date on the marketing of hemp-based products in the form of «tobacco products». CannaReporter.

In an official letter published on November 26, 2025, l’Autoridade Tributária e Aduaneira (AT) put an end to months of speculation among operators by confirming a categorical ban on the sale of products containing THC, from CBD or any other extract or preparation of Cannabis plant when marketed as tobacco products or equivalents.

This decision follows requests for clarification submitted by economic operators and customs offices after an increase in products such as CBD cigarettes, hemp pre-rolls and hemp-infused e-liquids circulating on the European market.

To establish a definitive position, the TA consulted the’Infarmed, the Portuguese national authority in charge of medicines and health products. The response is unambiguous: « only cannabis-based substances or preparations may be made available for medical purposes, with authorization appropriate».

A strict interpretation of the current legal framework

The AT letter reaffirms that the sale of the Cannabis plant, and its extracts and preparations is strictly governed by the decree-law no. 8/2019, the Portuguese legal framework for medical cannabis. Under this regime, any product intended for medical use must obtain a marketing authorization (ACM) with Infarmed before being marketed.

The tax authorities go further, specifying that these extracts - in particular the THC and the CBD - fall under the table I-C of decree-law no. 15/93, This classification places them outside the realm of common commerce, unless they are authorized for medical purposes. This classification aligns THC- and CBD-rich extracts with other controlled substances.

In concrete terms, the new directive prohibits the sale of any product «equivalent to those taxed under the tobacco tax», such as cigarettes, cigarillos or e-cigarette liquids, when they contain Cannabis-based ingredients. As stated in the document, «products equivalent to those taxed under the tobacco tax [...] and which contain Cannabis-based substances or preparations in their composition may not be marketed on national territory».

This measure is designed to harmonize customs procedures and prevent products from slipping through the net due to inconsistent interpretations of the law.

A setback for operators hoping for a change in regulations

For operators, this announcement represents a clear setback. A number of companies active in the European hemp and CBD sector had been hoping that Portugal, known for its progressive approach to drug policy, would eventually open up a regulated category for CBD flowers, the hemp cigarettes or the e-liquids derived from Cannabis. These products have enjoyed considerable success in other EU markets.

However, the TA's interpretation confirms that Portugal will maintain an exclusively medical model for cannabis extracts and preparations. Anything outside this scope, whatever its THC content, will not be allowed on the market.

This position contrasts sharply with the frameworks emerging elsewhere in Europe. Countries such as Belgium, Luxembourg, Estonia, Poland and Austria already tax CBD flowers or regard them as tobacco substitutes.

Belgium was a pioneer: in April 2019, it became the first EU country to regulate dried hemp flowers containing less than 0.2 % THC as a «tobacco product», enabling clear taxation and quality control. The Belgian model has nevertheless killed off the development of a legal CBD sector by taxing these products very heavily, thus reducing the commercial opportunity for growers and traders.

In Portugal, the reality is very different. CBD flowers and pre-rolled continue to be sold in stores as «collectors» items« or »decorative items", a legal solution widely used in countries with unclear regulations.