Is Cannabis Legal in Portugal? | Legal Status Explained

Cannabis is illegal for recreational use in Portugal. However, in 2001, Portugal became the first country in the world to decriminalise the possession and use of all drugs, including cannabis, for personal use. Possession of small amounts up to 25 grams of cannabis or 5 grams of hashish is considered an administrative offence rather than a criminal one. Individuals found with these amounts are referred to a Commission for the Dissuasion of Drug Addiction, which may impose fines or recommend treatment but not jail time. Possession of larger quantities can result in criminal charges and penalties.

Medical Use

Medical cannabis is legal in Portugal. In 2018, legislation was passed to allow the medical use of cannabis, and in 2019, it was regulated for prescription and dispensation at pharmacies. Medicinal cannabis is available only through a doctor's prescription and is typically used when other treatments have failed. Personal cultivation for medical use is not permitted.

CBD Products

CBD products are legal in Portugal if they contain less than 0.2% THC. These products are available over the counter and do not require a prescription. However, the sale of CBD products is regulated, and they cannot be marketed with medicinal claims unless authorised by health authorities.

Cultivation

Cultivating cannabis is illegal in Portugal, including for personal use. The law does not differentiate between recreational and medicinal use concerning cultivation. Growing cannabis, regardless of the intended purpose, is considered a criminal offence and can result in severe penalties.

The Legal Framework: Decriminalisation versus Legalisation

Portugal’s decriminalisation model arises from Law 30/2000, which removed criminal penalties for possession of drugs intended for personal use. Under the law, anyone found with up to a ten‑day supply of cannabis officially defined as twenty‑five grams of herbal material or five grams of resin is referred to a regional Dissuasion Commission rather than a criminal court. These commissions, staffed by legal and health professionals, decide whether to impose a fine, require attendance at counselling, suspend penalties conditionally or take no further action. Possession of quantities above the threshold, any evidence of supply, cultivation, or trafficking still triggers prosecution under Portugal’s Penal Code and can lead to prison terms ranging from one to twelve years depending on the scale and aggravating factors. The distinction is vital: decriminalisation mitigates individual harm for users but preserves criminal sanctions for commercial activity.

Personal Possession and the Role of Dissuasion Commissions

When police officers discover a small amount of cannabis on a person, they seize the substance and file a report. The individual receives a notice to appear before the local Comisión para a Dissuasão da Toxicodependência within seventy‑two hours. For holiday‑makers, this can disrupt travel plans because failure to attend counts as non‑compliance and leads to automatic fines at the upper end of the range or even reinstatement of criminal charges. First‑time visitors with no prior record who demonstrate responsible behaviour often receive a verbal warning or a symbolic fine of between forty and one hundred euros. Repeat detections or signs of dependency may prompt mandatory counselling sessions lasting several weeks. Importantly, these administrative measures do not produce a criminal record, and fines are civil debts rather than criminal penalties, but they can still be enforced through Portuguese courts and collected at the border on subsequent visits.

Buying and Selling Cannabis: Strictly Prohibited

Despite Portugal’s tolerant reputation, commercial supply of cannabis remains illegal. Street dealers operate in tourist hotspots such as Lisbon’s Bairro Alto and Porto’s Ribeira district, offering low‑quality hashish at inflated prices. Police routinely conduct plain‑clothes operations in these areas, and undercover officers target sellers as well as buyers. The act of purchasing is treated as possession but can be aggravating if it appears to support trafficking networks. Tourists caught buying may be escorted to a police station, have their details recorded and be summoned before a Dissuasion Commission. Sellers face criminal prosecution, with sentences starting at two years for low‑level dealing and reaching upward of eight years if organised crime links or sales to minors are proven.

Cultivation at Home: Not a Decriminalised Activity

Growing cannabis plants, even a single pot for personal use, falls outside the scope of Law 30/2000. Portuguese courts view cultivation as production, not possession, because it brings new quantities into circulation. Police have pursued home growers after receiving neighbour complaints about strong odours or visible plants on balconies. Penalties depend on scale and intent: a modest indoor setup with one or two plants usually results in suspended prison sentences or fines, but larger gardens equipped with lighting, ventilation and packaging tools invite trafficking charges. UK nationals who have embraced home growing under more liberal overseas regimes should abstain in Portugal unless a change in legislation occurs.

Medical Cannabis: Permitted within a Narrow Framework

Portugal legalised medical cannabis in 2018 under Law 33/2018, allowing prescription‑only access through pharmacies. The national medicines agency, Infarmed, controls licensing, product quality and import authorisations. Prescriptions cover conditions such as chronic pain, chemotherapy‑induced nausea, epilepsy and multiple sclerosis. Products available include dried flower, oils and capsules; they must comply with rigorous EU‑GMP standards. Foreign prescriptions have no legal standing, so UK patients cannot bring their own medicine into Portugal. Instead, they must consult a Portuguese physician, obtain a local electronic prescription and purchase from an authorised pharmacy. Carrying medical cannabis without Portuguese documentation exposes travellers to the usual possession procedures and potential confiscation at customs.

Public Consumption: A Question of Tolerance, Not Legality

Smoking or vaping cannabis in public places  parks, beaches, outdoor cafés remains illegal. Police rarely arrest users outright but can issue citations for possession on the spot. Local tolerance fluctuates. In Lisbon’s Miradouro de Santa Catarina, for example, small groups often smoke openly at dusk, yet municipal police occasionally sweep the area and confiscate joints. In more conservative regions such as the Algarve’s family‑oriented resorts, enforcement is stricter and tourists report fines for odour alone. The safest approach is to consume only in private accommodation with permission from the property owner. Hotels typically ban smoking of any kind indoors, and violating house rules can result in cleaning fees or eviction without refund.

Driving under the Influence

Portugal enforces zero‑tolerance drug‑driving laws. Roadside saliva tests detect active THC; a positive result triggers immediate licence suspension and a fine starting at three hundred euros. Blood tests at a medical facility confirm roadside findings, and levels above three nanograms per millilitre qualify as criminal offences carrying up to one year’s imprisonment and a ban on driving that can extend to three years. British visitors planning road trips along the Costa Vicentina should wait at least six hours after inhalation and considerably longer after edible consumption, as metabolic peaks vary. Rental‑car agreements often include clauses voiding insurance if the driver is charged with drug driving.

CBD and Novel Cannabinoids

Hemp‑derived cannabidiol products containing less than 0.2 per cent delta‑9‑THC are legal to sell as cosmetics or food supplements, provided they are registered with Infarmed. Specialist shops in Lisbon and Porto offer oils, balms and low‑THC hemp teas, all labelled with cannabinoid content and QR codes linking to laboratory certificates. However, enforcement agencies have begun scrutinising products that advertise delta‑8‑THC or other psychoactive hemp derivatives, treating them as illicit if potency mimics that of conventional cannabis. Visitors should purchase only from reputable retailers and retain receipts. Posting CBD items back to the UK can cause problems at customs because UK Border Force may classify certain hemp derivatives as controlled substances under the Misuse of Drugs Act.

Youth Protection and Penalties for Supply to Minors

Supplying cannabis to anyone under eighteen is an aggravated offence. Portuguese courts impose prison terms beginning at three years for adult‑to‑minor sales, reflecting the national strategy to shield young people from drug exposure. Schools collaborate with municipal authorities to run prevention programmes, and police increase patrols around campuses during lunch and after‑school hours. Tourists should be aware that sharing a joint with an under‑age companion, even within a private dwelling, can be construed as supply.

Social Attitudes and Cultural Context

Portugal’s policy experiment has shifted public discourse from criminality to health, yet broad sectors of society remain sceptical about full legalisation. Opinion polls conducted in early 2025 show a near‑even split between citizens favouring regulated markets and those preferring the status quo. In Parliament, bills proposing commercial legalisation have been tabled twice in the past three years but stalled at committee stage. Advocates argue regulation would undermine illicit markets and generate tax revenue; opponents fear increased consumption among adolescents. The Catholic Church and several civic groups play influential roles in tempering legislative enthusiasm.

Environmental and Disposal Considerations

Cannabis paraphernalia and leftover material should never be discarded in public bins. Municipal waste workers must follow hazardous‑waste protocols if plant matter is detected. The cities of Lisbon and Porto operate small but growing networks of recycling points for glass jars and vape cartridges. Pharmacies participating in the medical‑cannabis scheme accept expired oils and capsules for safe incineration. Tourists who wish to dispose of unused cannabis before departure can surrender it at any police station without fear of prosecution, provided the quantity is below the administrative threshold.

Common Misconceptions among UK Visitors

The most persistent myth is that “Portugal legalised drugs,” which leads some travellers to carry cannabis openly. While possession under the threshold will not land them in jail, it can still interrupt plans with fines and mandatory Commission hearings. Another misunderstanding involves the ten‑day‑supply threshold: visitors think they can possess twenty‑five grams per person unquestioned, yet police measure quantity, packaging and circumstances; a single twenty‑gram bag divided into sale‑ready portions can look like trafficking. Finally, many believe that Amsterdam‑style coffee shops exist in Lisbon; they do not. Any venue openly selling cannabis operates illegally and is subject to shutdown.

Public Demonstrations and Advocacy

Public demonstrations advocating for cannabis legalisation are not explicitly prohibited by law; however, such activities are uncommon and may attract legal scrutiny. Portugal maintains a conservative stance on drug policy, and public advocacy for cannabis reform is limited. While there have been isolated instances of public demonstrations, they have not led to significant policy changes. The prevailing political climate does not favour the legalisation of cannabis, and public discourse on the issue is minimal.

Summary

Recreational cannabis use is illegal but decriminalised for small amounts. Medical cannabis is legal with a prescription but personal cultivation is not allowed. CBD products with less than 0.2% THC are legal but regulated. Cultivation remains illegal, and public advocacy for legalisation is limited. It is important to follow local laws to avoid legal issues.