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.

Is CBD Legal In Portugal?

CBD is legal in Portugal. The short answer is yes. CBD is legal in Portugal for medicinal uses with a prescription, and you shouldn’t get into any legal trouble for possessing CBD products with less than 0.2% THC in them. 

The Long Answer to CBD Legislation in Portugal 

But in truth, the legal status of cannabidiol in Portugal is a bit more complicated. Back in 2001, Portugal passed a law that decriminalized the possession and use of all drugs, including cannabis. 

Today, if authorities catch you with a small quantity of drug (enough for less than 10 days of personal use), the Commission for Dissuasion of Drug Addiction will need to examine you. This committee of legal and medical experts and social workers determines if you need treatment and whether there will be administrative penalties.

CBD Conditions

CBD itself was utterly legal until 2018. Then, following the EU’s novel food law, Portugal banned CBD as a food product. Also in 2018, medical cannabis became legal, and people could purchase it from pharmacies with a licensed doctor’s prescription. 

Some of the conditions that make a patient eligible for a prescription include nausea from:

• Chemotherapy
• Chronic pain
• Post-traumatic stress disorder
• Epilepsy 

CBD Legality

So, while many believe that CBD products fall in the category of medical cannabis and you need a prescription to buy them, possessing products with less than 0.2% THC shouldn’t be problematic.

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. 

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Regulatory Authorities Of CBD In Portugal

In Portugal, legislation around cannabis and cannabinoids is organized and structured. The regulation of cannabis and cannabinoids falls under two main authorities: INFARMED and the General Directorate of Agriculture and Veterinary (DGAV). Each body has specific responsibilities depending on the use of cannabis, whether medicinal or non-medicinal. 

INFARMED: The Authority on Medicinal Cannabis

The National Authority of Medicines and Health Products is the primary regulatory authority responsible for overseeing the laws and regulations concerning cannabis and cannabinoids for medical purposes. 

As part of Portugal’s Ministry of Health, INFARMED has administrative and financial autonomy and operates under the minister’s supervision.

Medicinal Cannabis Regulation

Key responsibilities of INFARMED include:

• Authorization and supervision of all activities related to controlled substances, including the cultivation, production, distribution, and sale of cannabis-based medicines.
• Ensuring that cannabis products for medicinal purposes meet safety, quality, and efficacy standards.
  

INFARMED is the sole authority responsible for the approval and monitoring of medicinal cannabis in Portugal. They regulate the entire lifecycle of medicinal cannabis products, ensuring compliance with:

• National laws 
• International standards

DGAV: The Authority on Non-Medicinal Cannabinoids

The DGAV regulates cannabinoids used in non-medicinal products, such as food supplements containing cannabis-derived ingredients. Under the Ministry of Agriculture, DGAV plays a central role in ensuring the country’s food safety and veterinary health.

Key responsibilities of DGAV include:

• Issuing authorizations for the commercialization of food supplements containing cannabinoids.
• Implementing and evaluating food safety measures related to cannabis-based products.
• Enforcing animal protection, plant health, and veterinary health policies.

Food Supplement Oversight

The DGAV ensures that products like food supplements containing cannabis-derived ingredients meet safety and regulatory standards before they reach the market.

ASAE: The Authority on Consumer Protection 

ASAE can assist both INFARMED and DGAV in exercising their surveillance powers. ASAE is responsible for ensuring that economic activities, including commercializing cannabis products, comply with consumer safety laws.

ASAE supports both agencies in enforcing compliance with food safety, economic regulations, and the general commercialization of cannabis-derived products, helping maintain high consumer protection standards.

Use Of CBD In Cosmetics, Food Supplements, & Veterinary Foods

In Portugal, the use of CBD in cosmetics is strictly prohibited. The country’s regulatory body for cosmetics, INFARMED, considers CBD a controlled substance. The classification of CBD as a controlled substance stems from its origins in the cannabis plant, which is not entirely legal according to international conventions.  

Despite CBD’s non-psychoactive properties, INFARMED has stated in clear terms that no use of CBD in cosmetics will be permitted in Portugal.

CBD in Food Supplements: Understanding the Restrictions

Under EU regulation, CBD is considered a novel food supplement. This means it can only be legally used in food products once it receives explicit authorization from the EU. 

So far, no such approval has been granted for CBD, and the use of CBD in food supplements remains illegal in Portugal.

CBD in Veterinary Foods: What’s the Deal?

The restrictions on CBD also apply to veterinary foods. Just like with food supplements, the use of CBD in animal feed or veterinary food products is illegal in Portugal until further notice. 

The regulatory body overseeing these products, DGAV, follows the same reasoning as human food supplements: No authorization has been given for CBD in veterinary foods, and until it receives approval, it remains illegal.

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

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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.

FAQs On CBD And Cannabis In Portugal

What Is The Legal Limit of THC in Portugal? 

The legal limit of THC in Portugal is 0.3%. This regulation aligns with the European Commission’s guidelines and is consistent with those of other European countries. Following this limit, products with THC levels above 0.3% are considered illegal and can lead to criminal charges.

Are There Many CBD Stores in Big Cities?

Yes, there are many CBD stores across Portugal. The number of physical cannabis stores exceeds 100 and is distributed throughout the country, including:

• Smaller towns
• Rural areas

The largest cities, such as Lisbon, have the highest concentration of stores, with estimates of 30 or more. This number multiplies when you include online stores, but no official data confirms these figures.

How Many Portuguese Use Cannabis or CBD Products?

It is difficult to estimate how many Portuguese are using cannabis or CBD products. While there are no official figures, reports suggest that thousands of people are using different types of CBD products, including:

• Oils
• Flowers
• Edibles
• Beverages

Many consumers purchase products from cannabis stores, while others manufacture their own or rely on the illicit market.

Cannabis Usage Patterns

A survey conducted in 2021 by the Portuguese Institute of Drugs and Addictions (SICAD) found that 95% of participants used illegal cannabis, while only 19% used legal cannabis (which refers to CBD and low THC content products sold in stores). 

This suggests that most of the people using legal cannabis are simultaneously using illegal cannabis.

Is Medical Cannabis Legal in Portugal?

Medical cannabis is legal in Portugal. The country approved medical cannabis in 2018, and regulations took effect in January 2019. Patients still struggle to access suitable cannabis-based medicines. Legalization has benefited companies that produce cannabis for medicinal purposes, mainly for export.

Medical Cannabis Access

Portugal is one of the largest producers of cannabis in Europe, but only two drugs can be prescribed by doctors and found in pharmacies: 

• Sativex oral spray
• Tilray’s 18% THC flowers. 

Another important fact is that medical cannabis is not yet being taught in universities, and doctors still lack training in this field, leading to a reluctance to prescribe it. In practice, most patients act as their own doctors and still buy cannabis on the illicit market.

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

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