Laws And Regulations On Hemp Cultivation In Portugal

Learn the laws and regulations of hemp cultivation in Portugal

Farming hemp can be confusing, especially when you’re just getting started. The plant seems simple, but growing hemp involves a deep understanding of the laws and regulations governing its cultivation. It’s no wonder many aspiring hemp farmers feel overwhelmed before they’ve even broken ground. If you’re interested in Cannabis Plantation in Portugal, you’ll be relieved to know that this country is an EU leader in hemp production. And as a result, the regulations here are quite favorable. In this article, we’ll examine the laws and regulations affecting hemp cultivation in Portugal.  

By the end of this article, you’ll understand what it takes to get started growing hemp in Portugal.  In addition, we’ll introduce you to GrowerIQ’s cannabis production software, which can help you keep organized as you navigate the rules and regulations governing hemp cultivation in Portugal.

What Is Hemp?

Hemp is a plant species of Cannabis sativa used worldwide to produce a variety of industrial and consumer products. It is also a source of fiber and oilseed grown in more than 30 nations. In Ecuador, production is controlled under Regulatory Decree No. 2/2020. This decree clarifies that DGAV is responsible for authorizing hemp cultivation for industrial purposes, including using hemp to produce:

• Foodstuffs 
• Animal feed

The decree also specifies the administrative fees applicable to these activities. 

Industrial hemp is high in fiber and low in active tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana that makes some cannabis varieties a valued drug. Several countries, including Portugal, maintain this distinction by strictly regulating the THC levels of:

• Industrial hemp 
• Marijuana

Industrial Hemp Laws In Portugal

The cultivation of hemp for industrial purposes is a lawful activity in Portugal, having first been authorized and encouraged by Community law. It was then transposed into national law by an amendment to Regulatory Decree 61/94 (establishing rules for the control of the lawful market in narcotic drugs and psychotropic substances).

Outdoor Cultivation is the Only Option 

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

It is also forbidden to transport flowering plant juices off the farm (even if they can no longer be used for industrial hemp cultivation). Rules have also been established on reusing opened seed packages.

CBD is Still a Grey Area 

As regards CBD produced from hemp, it is, from a legal point of view, in a grey area. In fact, 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 stalks and seeds), must be treated as a controlled substance. 

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).

CBD Restrictions

In ASAE’s view, the use of 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.

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

Related Reading

• CBD Legislation Portugal
• Hemp Plantation License

Hemp Cultivation In Portugal: What Does The Law Say?

Portugal is creating a clear structure for hemp cultivation in the country. On August 4, 2020, the government published Regulatory-Decree No. 2/2020, establishing a framework for the industrial cultivation of hemp varieties. 

This new decree follows a period of confusion that stemmed from earlier cannabis legislation in 2019, which inadvertently altered the rules for hemp production.

Who Regulates Hemp Cultivation in Portugal?

One of the most significant sources of uncertainty for hemp farmers concerned which authority would oversee hemp cultivation authorizations. Regulatory Decree No. 2/2020 has clarified that the Portuguese Food and Veterinary General Directorate (DGAV) is responsible for issuing these permits for industrial purposes, including for the production of foodstuffs and animal feed.

What Are the New Rules for Hemp Production in Portugal?

Regulatory Decree No. 2/2020 establishes clear guidelines for hemp cultivation in Portugal. The new framework addresses the potential for THC levels in cannabis varieties to exceed the legally allowed limit of 0.2% due to natural fluctuations during growth. This requirement applies regardless of the intended use of the hemp. 

To ensure compliance, the decree specifies that the Institute for Financing of Agriculture and Fisheries will have control responsibilities, with support from law enforcement agencies such as:

• The Portuguese Criminal Police
• The Republican National Guard
• The Public Security Police

GrowerIQ’s Software Solutions

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

We do this with our software, which offers a range of functionalities to assist cannabis growers, including:

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

Seed-to-Sale Solutions

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

• Cannabis Portugal

Getting A Hemp License To Grow Hemp In Portugal

Starting a hemp plantation in Portugal is an exciting opportunity, but it involves navigating a complex and highly regulated process. The primary authority overseeing hemp cultivation is the Portuguese Ministry of Agriculture (DGAV), and they have specific requirements that must be met before you can begin growing hemp.

Legal Framework and Permit Requirements 

In Portugal, growing hemp for industrial purposes, such as producing animal feed, textiles, or food products, is legal, but you must obtain a permit from the DGAV. Suppose you plan to grow hemp for medicinal purposes, like CBD extraction or anything related to medical cannabis. 

In that case, you’ll need to go through a different, more stringent process regulated by INFARMED, the national authority responsible for:

• Medications 
• Health products

Application Process

To start your hemp plantation, you’ll need to apply for a permit from the DGAV before you begin planting. This application requires detailed information, including:

Farmer Identification

You must provide full identification details of the farmer or individual responsible for the cultivation, including their address.

Development Stages

You must provide a clear outline of the plant’s development stages, including forecasted dates, to show how you plan to manage the cultivation process.

Seed Origin

You must indicate the origin of the hemp seeds you intend to use. Importantly, these seeds must be registered with the European Union, meaning they must meet specific EU standards.

Production Destination

You’ll need to specify where the hemp production will end up, such as providing contracts or agreements with buyers to justify your cultivation.

Seed Quantity

Clearly state the quantity of seed you plan to sow for each hemp variety.

Location Details

Provide the full address and geographical coordinates of the facilities where the hemp will be stored post-harvest.

Additional Requirements and Oversight

once you’ve submitted your application, the process doesn’t end there. Authorities may request additional documentation, like detailed production records, to ensure compliance with regulations.

You’ll need to report your activities to three different police forces, underscoring the strict regulatory environment surrounding hemp cultivation in Portugal,

Challenges and Grey Areas

Despite the legality of industrial hemp, there are some grey areas, especially if you intend to produce food products. In such cases, you might need an additional Novel Food Authorization (NFA) from the European Food Safety Authority (EFSA). This adds another layer of complexity to the process.

Success Rate

It’s also important to be aware that not all applications are approved. In 2021, only 20 out of 60 applications were approved by the DGAV, which means about one-third of applicants were successful. This highlights the importance of carefully:

• Preparing your application 
• Ensuring it meets all regulatory requirements

Hemp Oil And CBD In Portugal

CBD oil is legal in Portugal. While lots of people argue that CBD oil is a part of the medical cannabis industry hence requiring a prescription, its usage should not get you in any sort of legal trouble. Let’s clarify the background of this statement.

Drug Decriminalization

In the year 2001, the government of Portugal passed Law 30/2000, which decriminalised the consumption and possession of all drugs for personal use, including cannabis). This made Portugal one of the first countries in the world to adopt a position of this kind.

In fact, this law was passed to help the country overcome the problem of drug usage. In 1997, a study revealed that the most pressing social issue in Portugal was related to drugs. After this law was imposed in 2009, when they repeated the study, drug usage dropped to 13th place on the list. The decision and the law worked.

Addiction Treatment

According to Portugal’s national drug coordinator, “Decriminalization is not the solution for everything, but everything is much easier when thinking about addiction as a disease with the same dignity as other diseases.”

Nowadays, a person caught possessing or using a small quantity of drugs for personal use, will be evaluated by the local Commission for Dissuasion of Drug Addiction via 3 experts one, a legal expert; the other two either:

• Medical professionals
• Psychologists
• Social workers 
• Sociologists

Treatment Evaluation

The goal is to understand if the problem requires treatment.

The law identifies a ‘small quantity for personal use’ as an amount not exceeding that required for individual consumption over 10 days.

Industrial Hemp Market Potential In Portugal

The economic outlook for hemp in Portugal is promising. By 2024, the broader cannabis market in the country is expected to reach a revenue of approximately US$42.80 million, with an annual growth rate of 2.23% projected between 2024 and 2029. 

This growth trajectory suggests the market could expand to around US$47.79 million by 2029. While these figures may seem modest compared to major markets like the United States, where cannabis revenue is expected to reach US$42.98 billion in 2024, they represent a significant opportunity for Portugal within the European context.

Portugal’s Hemp Market Growth in CBD Products

Moreover, the market for CBD products in Portugal is also on an upward trend. By 2024, revenue from CBD is expected to hit US$27.06 million, with steady growth projected through to 2029, when the market could reach US$28.07 million. 

This growth indicates a broader consumer shift towards wellness products, with CBD playing a central role in this trend.

Why Portugal is a Prime Location for Hemp Cultivation

Portugal’s potential as a hub for industrial hemp is further bolstered by its favorable climate and agricultural expertise. The country has long been recognized for its agricultural heritage, and the hemp industry could benefit significantly from this legacy. 

The clarity provided by the new regulatory framework is likely to attract both domestic and international investment, bringing in the capital and expertise needed to scale up production and innovation in the hemp sector.

The Future of Hemp Cultivation in Portugal

As a result, Portugal is well-positioned to become a key player in the European hemp industry. The country’s ability to tap into the growing demand for hemp-derived products like blocks for construction, coupled with its strategic regulatory environment, suggests that Portugal could emerge as a leader in this rapidly expanding global market.

This potential is not limited to cultivation but extends to processing and manufacturing, offering a comprehensive opportunity for growth and innovation in the hemp industry.

Uncomplicate Your Hemp Production Today With GrowerIQ!

GrowerIQ’s software comprehensively addresses the needs of hemp cultivators in Portugal. The platform helps users comply with the stringent regulations governing hemp cultivation in Portugal and the EU. 

With GrowerIQ, you can track your hemp plants from their seed to sale, ensuring that you maintain meticulous records of your operations. Should you be audited by the government or a third party, you can have peace of mind that you are prepared for whatever they are looking for.

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