CBD Legislation Portugal, What Does The Law Actually Say?

Discover the rules of CBD legislation in Portugal

Interest in CBD products in Portugal has risen recently. This curious shift is closely linked to the growing acceptance of cannabis cultivation in the country. As such, many would-be producers and consumers of CBD products are left wondering about the rules governing this emerging market. This blog will cover the ins and outs of CBD legislation in Portugal, helping you figure out how to navigate the rules of this budding industry.

GrowerIQ’s cannabis production software can help you achieve your objectives by providing valuable insights into the regulations and best practices for cannabis plantation in Portugal.

Basics Of CBD In Portugal

CBD, or cannabidiol, is a compound found in both:

• Hemp 
• Cannabis

Unlike THC or tetrahydrocannabinol, CBD does not have any psychoactive effects. In other words, it won’t get you high. As a result, CBD has gained popularity as a natural alternative for various health and wellness applications, such as:

• Reducing anxiety
• Managing pain
• Improving sleep

Hemp CBD Portugal

CBD products derived from hemp are legal in Portugal as long as they contain less than 0.2 percent THC. The country’s progressive stance on cannabis regulation has made CBD widely available in:

• Local shops
• Online

The Basics of Hemp in Portugal

Hemp is a variety of cannabis that contains very low levels of THC (less than 0.3 percent), which means it does not have psychoactive effects. In Portugal, as in most EU countries, hemp is legally cultivated and used, provided it adheres to the THC content limit. 

Humans have used hemp for centuries for various purposes, such as making food, clothing, and other industrial uses. Unlike marijuana, which is often associated with illegal drug use, hemp is a non-intoxicating plant with a wide array of applications. In recent years, hemp has gained popularity as a sustainable resource for making biodegradable plastics and construction materials.

Portugal’s Cannabis Culture

Cannabis is a plant that people around the world recognize for various reasons—medical, recreational, or otherwise. The plant contains many compounds, but the most controversial one is THC (tetrahydrocannabinol), which is responsible for the high or intoxicating effects associated with cannabis. This high-THC variety of cannabis is often referred to as marijuana. 

On the other hand, there is another type of cannabis known as hemp, which contains very little THC, typically 0.2% or less. Hemp is non-intoxicating and has been used by humans for centuries, from making food and clothing to other industrial uses. In Portugal, as in most European Union countries, hemp is legally cultivated and used, provided it adheres to the THC content limit.

The Legal Status of CBD in Portugal

CBD (cannabidiol) is a compound found in both marijuana and hemp plants, but unlike THC, it does not cause any psychoactive effects. This has increased popularity for various health and wellness applications, such as:

• Reducing anxiety
• Managing pain
• Improving sleep

Regulatory Framework Portugal

In Portugal, CBD derived from hemp is legal and widely available, aligning with the country’s progressive stance on cannabis regulation. Portugal’s approach to cannabis is relatively liberal, particularly when it comes to:

• Hemp
• CBD

The country allows the cultivation of industrial hemp and the production of CBD products as long as they comply with the legal THC limit. This regulatory framework has created a supportive environment for the CBD industry’s growth, attracting local and international companies to the market.

CBD Legislation Portugal, What Does The Law Say?

In recent years, the global popularity of cannabidiol (CBD) and its associated benefits have been a significant trend in the world of:

• Health
• Wellness

CBD Global Trend

Despite the illegal status of cannabis in most countries, the same does not apply to the widely used CBD oils extracted from the plant. These oils and other CBD products are part of a more significant global trend and can be easily purchased, especially in Europe and North America.

Despite CBD’s increasing popularity, there remains significant uncertainty regarding its legal framework in Portugal and several other countries.

Hemp Cultivation Portugal

The cultivation of hemp for industrial purposes is a lawful activity in Portugal. Community law first authorized and encouraged this, which was then transposed into national law by an amendment to Regulatory Decree 61/94.

The Administrative Rule 14/2022, of 5 January, provides that:

• Hemp can only be cultivated outdoors (it is not possible to grow in greenhouses or closed spaces)
• Cultivation can only take place in an area of at least five hectares
• Transplanting of plants is not allowed
• The density of sowing can be at least 30kg per hectare

CBD Legal Status

Transporting flowering plant juices off the farm (even if they can no longer be used for industrial hemp cultivation) is forbidden, and rules have also been established for reusing opened seed packages.

From a legal point of view, CBD is in a grey area. In Portugal, the authorities classify the marketing of CBD as a prohibited activity insofar as CBD, as a substance extracted from the flowers and leaves of the cannabis plant (and not from the stalks and seeds), must be treated as a controlled substance.

CBD Food Restrictions

The plant may only be cultivated and marketed in accordance with the rules for the cultivation and marketing of controlled substances (i.e., essentially for medicinal purposes).

In ASAE’s view, using cannabinoids such as CBD, THC, cannabigerol (CBG), and cannabinol CBN in food will mean that such foods are considered unauthorized novel foods, similar to plant parts and their extracts. Thus, the commercialization of foods containing these substances is not authorized.

CBD Regulatory Status

The DGAV has also commented on this, stating that CBD has no history of consumption as a food or food ingredient in the EU before 1997. It cannot be used in food as it does not meet the Novel Foods and Food Ingredients Regulation (EU) requirements 2015-2283. Therefore, to be placed on the market, CBD will have to undergo a risk assessment by EFSA.

Uncomplicate Your Hemp Production

GrowerIQ provides cannabis growers with a comprehensive solution for managing their cultivation operations, ensuring compliance, optimizing quality, and enhancing efficiency throughout the seed-to-sale process. 

Related Reading

• Hemp Plantation License
• Cannabis Portugal

Buying And Selling CBD In Portugal

If you’re a consumer looking to buy CBD oil or similar products for personal use in Portugal, you’re in luck. You can purchase these products online and in stores without worrying about any legal ramifications. Products on sale won’t contain THC and can be used as food supplements. Online stores are the more popular option because they often offer a wider variety of products.

If you wish to use CBD oil with THC legally, you need to obtain a prescription. The prescription will be for medical cannabis products. You can get it from your doctor. This means that you need to have a medical condition that can be treated with medical cannabis.

Selling CBD Oil in Portugal: What You Should Know

Are you setting up your own CBD business? First, we recommend that you only deal with accredited and trusted partners. Check that they know all the necessary regulations. You need to make sure that the CBD is derived from hemp, so from cannabis with less than 0.2% THC content – unless you own a pharmacy. 

You also need to ensure what sort of extraction process they use, as not all are legal in the EU. We recommend that you avoid websites that make exaggerated health claims about their products. The legal status of those claims is questionable. 

CDB Approved Medicinal Products

In Portugal, the medical cannabis program has seen significant developments with the approval of new CBD and THC-based medicinal products by INFARMED, the country’s cannabis regulator. These approvals mark an important expansion in patient care options since the legalization of medical cannabis in 2018.

Key Approved CBD and THC Medicinal Products

Tilray’s 18% THC Dried Flower First Product Approval (2021)

Tilray’s dried flower product with 18% THC and less than 1% CBD was the first medical cannabis product approved in Portugal. This product has been available since 2021 and is prescribed for specific conditions such as:

• Chronic pain
• Nausea
• Spasticity
• Glaucoma

It did not meet the needs of all patients, particularly those with conditions like epilepsy.

Tilray Oral Solution THC 5 CBD 20 New Approval (2024)

This is a CBD-dominant oral solution with a 1:4 ratio of THC to CBD. It is one of two newly approved medical cannabis oils and is intended for use in several critical areas of patient care. 

This product is already available in other markets, such as Germany, and is expected to provide a broader range of therapeutic options for patients in Portugal.

Ferraz Lynce’s CBD Dominant Oral Solutions New Approval (2024)

Portuguese pharmaceutical operator Ferraz Lynce has also received approval for a CBD-dominant oral solution. This product will be available in four versions, offering patients multiple options depending on their needs.

Hexacan’s ‘Hexa 01 Alto THC 20%’ Dried Flower New Approval (2024)

This product is a high-THC (20%) dried flower intended for vaporization. It is packaged in 10g quantities and will be prescribed for conditions such as:

• Chronic pain
• Epilepsy
• Multiple sclerosis
• Nausea and vomiting due to chemotherapy, and appetite stimulation in palliative care for patients undergoing cancer treatment or living with AIDS

Impact on Patient Care

The approval of these new products represents a significant step forward for medical cannabis patients in Portugal, providing more diverse and accessible treatment options. These developments also reflect Portugal’s commitment to expanding the availability of medical cannabis and supporting research and innovation in this field.

With these approvals, patients will have access to both THC and CBD-dominant products tailored to their specific therapeutic needs, enhancing the overall effectiveness and scope of medical cannabis treatment in the country.

Related Reading

• Hemp Cultivation in Portugal
• Industrial Hemp
• Cannabis Companies Portugal

Market Size Of CBD In Portugal

The CBD market in Portugal is experiencing steady growth, reflecting a broader global trend toward accepting and integrating CBD-infused products into daily wellness routines. By 2024, the market in Portugal is expected to generate a revenue of approximately US$27.06 million, with a projected compound annual growth rate (CAGR) of 0.74% from 2024 to 2029. This modest growth rate suggests that the market will reach a volume of about US$28.07 million by 2029.

CBD Market Drivers and Consumer Preferences

Portugal’s market size may seem relatively minor compared to the global market, where the United States is expected to dominate with an impressive US$2,575.00 million in revenue by 2024. The per capita revenue in Portugal is anticipated to be around US$21.34 in 2024, indicating a growing interest in CBD products among the Portuguese population.

Portugal’s CBD market is primarily driven by consumers increasingly seeking natural and holistic alternatives for health and wellness. This shift towards organic and plant-based remedies has fueled the demand for CBD across various product categories, such as:

• Oils
• Tinctures
• Edibles
• Skincare products
• Pet supplements

The diversification of these product offerings has not only expanded the consumer base but also:

• Fostered innovation
• Heightened competition among brands within the market

How CBD Legislation in Portugal is Attracting Investment

Portugal’s regulatory environment has been particularly supportive of this market growth. The country’s progressive stance on cannabis legalization, which permits the cultivation of industrial hemp with low THC levels, has created a favorable framework for the production and sale of CBD products. This has attracted domestic and international companies to the Portuguese market, further boosting its growth potential.

Portugal’s CBD market is poised for continued expansion. It is driven by consumer demand for wellness-focused products and supported by a regulatory landscape encouraging innovation and market participation.

Growing Cannabis For Medicinal Purposes In Portugal, How Does GrowerIQ Help?

Digital Recordkeeping: A Reliable Alternative to Paper

Cannabis cultivation requires precise recordkeeping to maintain compliance with regulations and ensure product quality. Digital recordkeeping is more reliable than paper, as it can be programmed to automatically:

• Track and calculate changes over time
• Minimize human errors
• Produce reliable data reports for audits

Batch Numbering: Never Lose Track of a Batch Again

GrowerIQ’s cannabis software lets you label your batches according to your numbering system. From there, you can track every move a batch makes throughout your facility. This allows for greater organization and traceability for:

• Compliance
• Quality control
• Product recalls

Seed-to-Sale Tracking: Full Life Cycle Management of Cannabis

Regulations require licensed cannabis cultivators to track every plant’s life cycle. This includes tracking the weights and yields of each plant and recording every change in status as they move through the various stages of production. GrowerIQ simplifies this process with intuitive seed-to-sale tracking tools.

Client Tracking: Documenting Sales & Distribution

Licensed cannabis businesses must comply with regulations regarding sales and distribution. This includes tracking every client’s details and purchase history. GrowerIQ’s cannabis software makes this process easy, ensuring clients are organized and documented for compliance.

Inventory Control: Keeping Organized Records of Your Products

Inventory control is another critical component of cannabis compliance. Regulations require licensed cultivators to maintain detailed records of their products, including weights, measures, and status changes, as they are:

• Moved
• Sold
• Disposed of

GrowerIQ’s cannabis inventory control features help manage these processes to ensure compliance.

Quality Management Software Functions: Ensuring Your Products Are Up to Standard

Quality management software functions help cannabis businesses identify and resolve issues with product quality to ensure compliance with regulations and quality control standards. GrowerIQ’s software has a variety of features to help licensed cannabis cultivators manage product quality, including:

• Tracking
• Tracing
• Reporting for audits and inspections

Cultivation and Monitoring Software Functions: Maintaining Optimal Conditions for Cannabis Growth

Cultivation software and monitoring tools help cannabis growers maintain optimal conditions for plant health and development. This includes tracking data on environmental conditions, such as temperature and humidity, and managing processes like irrigation and nutrient delivery. 

GrowerIQ’s cannabis cultivation software has robust tracking and reporting features to help cultivators ensure compliance with regulations.

ERP Software Functions: Integrating Cannabis Compliance Across All Business Operations

Cannabis ERP software helps licensed cannabis businesses manage compliance across all areas of their operations. This includes:

• Cultivation
• Processing
• Distribution
• Sales

GrowerIQ’s seed-to-sale software has ERP-like functions to help cannabis cultivators manage compliance across all business operations, ensuring nothing falls through the cracks.

Uncomplicate Your Cannabis Production Today With GrowerIQ!

Cannabis growers face challenges in managing reporting, documentation, and compliance requirements due to the complexity of regulatory frameworks, evolving legal standards, and the need for accurate record-keeping in a highly regulated industry. 

At GrowerIQ, our software aims to provide cannabis growers with a comprehensive solution for:

• Managing their cultivation operations
• Ensuring compliance
• Optimizing quality
• Enhancing efficiency throughout the seed-to-sale process
• Overall uncomplicating, the production process

Software Features

GrowerIQ does this with its software, which offers a range of functionalities to assist cannabis growers, including:

• Seed-to-Sale Tracking
• Quality Management
• Cultivation Planning

GrowerIQ provides cannabis growers with a comprehensive solution for managing their:

• Cultivation operations
• Ensuring compliance
• Optimizing quality
• Enhancing efficiency throughout the seed-to-sale process

Related Reading

• How to Sell Cannabis in Portugal
• Cannabis Cultivation Portugal
• Cannabis Seeds