Is CBD legal in Portugal in 2025?
Is CBD legal in Portugal? This question is becoming increasingly relevant as CBD products gain popularity worldwide, thanks to their potential health and relaxation benefits. As more people turn to CBD, businesses and governments must navigate the evolving regulatory landscape to ensure compliance.
The European Union has made efforts to harmonize CBD regulations across member states, but inconsistencies remain. For consumers and entrepreneurs, understanding the legal status of CBD in Portugal is crucial. Whether you’re looking to buy CBD oil in Portugal or start a CBD business in Portugal, the country presents exciting opportunities—but also regulatory challenges.
Basic information
CBD is derived from the cannabis plant, but to fully understand its legal status, it’s essential to examine cannabis itself and how it is regulated in Portugal.
Cannabis is widely known across the world for different reasons. Some people recognize its medical benefits (medical cannabis), while others use it recreationally (recreational cannabis). At the same time, many governments consider it a controlled substance due to its association with THC (tetrahydrocannabinol)—the psychoactive compound responsible for the intoxicating effects commonly linked to marijuana.
However, not all cannabis contains high levels of THC. A separate variety, known as hemp, contains only trace amounts of THC, typically below 0.2% THC, making it non-intoxicating. Like most European Union member states, Portugal adheres to this threshold when regulating hemp-derived products.
Hemp has been utilized for centuries in a variety of industries, including textiles, food production, and cosmetics. With the increasing interest in CBD oil in Portugal, understanding how cannabis and its derivatives are regulated is crucial for both consumers and businesses.
Drug Regulation in Portugal
As we mentioned in the introduction, Portugal is famous for its comprehensive drug decriminalization. Many people around the world celebrate this approach, citing it as a success in harm reduction and public health. The policy, introduced in 2001, has led to a significant decrease in drug-related deaths and incarceration rates, making Portugal a model for other nations seeking alternatives to punitive drug laws.
Many countries have attempted to emulate Portugal’s approach, shifting the perception of drug use and addiction. At its peak in the 1980s and 1990s, drug addiction was one of Portugal’s most pressing issues. However, since decriminalization, addiction has fallen dramatically, and today, drug-related concerns are no longer among the top public health crises in the country. However, there is still widespread misinformation about the actual legal status of drugs in Portugal.
What Does Portugal’s Drug Policy Mean?
Before the 2000s, Portugal struggled with an overwhelming heroin epidemic, leading to a surge in HIV/AIDS infections and overdose deaths. In response, the government introduced decriminalization in 2001, which meant that the possession and personal use of all drugs—including cannabis—were no longer criminal offenses.
Instead of facing jail time, individuals caught with a small amount of drugs (e.g., under 25 grams of cannabis or 5 grams of hashish) are referred to a Commission for the Dissuasion of Drug Addiction, a panel consisting of a legal expert, psychologist, and social worker. Their role is to assess whether the individual has a drug problem and recommend treatment, counseling, or administrative penalties like fines. This approach treats drug use as a health issue rather than a criminal offense.
Key 2025 Updates to Portugal’s Decriminalization Law
Portugal refined its drug decriminalization policy in 2023, introducing important changes:
- No More Fixed Possession Limits: Previously, possession of more than a 10-day supply was automatically considered drug trafficking. Under Law 55/2023, the threshold is no longer strict. If someone possesses more than 25 grams of cannabis, they may still be considered a personal user—unless law enforcement proves an intent to distribute.
- Burden of Proof Shifted to Authorities: Previously, individuals carrying large amounts of cannabis had to prove it was for personal use. Now, law enforcement must prove that possession is intended for trafficking before pressing criminal charges.
- Personal Use Still Not a Crime: Even if someone is caught with a larger quantity, they still cannot be arrested unless evidence of trafficking exists. Instead, they may face administrative penalties like a warning or mandatory treatment.
This means that while Portugal remains progressive in its drug policies, there are still strict controls on drug sales and distribution.
What About Cannabis?
Cannabis is decriminalized for personal use but remains illegal for commercial sale and cultivation. While medical cannabis was legalized in 2018, growing cannabis at home—even for personal use—is still considered a criminal offense.
The sale and trafficking of cannabis remain punishable with prison sentences. Those caught cultivating cannabis without a government license can face up to 3 years in prison. This distinction is crucial: just because Portugal decriminalized use, it does not mean cannabis is freely legal.
So, while the police will not arrest you for using cannabis, growing or selling it without authorization is still a serious offense. But does this mean CBD is legal? To answer that, we must first understand what CBD is.
CBD
What is CBD?
Cannabidiol (CBD) is one of over 113 cannabinoids found in the cannabis plant. Unlike tetrahydrocannabinol (THC)—the psychoactive compound responsible for the intoxicating effects of cannabis—CBD does not produce a "high." This has made it an attractive option for those seeking the potential therapeutic benefits of cannabis without its mind-altering effects.
CBD is extracted from cannabis and hemp plants, with modern extraction methods allowing it to be isolated from other cannabinoids, including THC. If you want to learn more about the process of CBD extraction and separation, you can do so here.
CBD and Medical Cannabis in Portugal
The legal status of CBD in Portugal is closely tied to the country’s approach to medical cannabis. Although Portugal has one of the most liberal drug policies in Europe, medical cannabis was only legalized in 2018. However, while cannabis use is decriminalized, the cultivation of cannabis remains illegal without a government-issued license.
If you want to obtain medical cannabis in Portugal, there are a few important requirements:
- Only a few cannabis-based products are available at pharmacies, mostly high-THC dried flowers and limited CBD-dominant medicines.
- You must have a doctor’s prescription.
- The product must be licensed by Infarmed (Portugal’s National Authority of Medicines and Health Products).
Buying and selling CBD
Buying CBD Oil in Portugal
If you are a consumer looking to buy CBD oil in Portugal, you have two main options:
- Online retailers, often offer a wider variety of products.
- Physical stores, such as specialized wellness shops, pharmacies, and hemp stores.
However, there are important legal restrictions to keep in mind:
- Only CBD oil derived from hemp (≤0.2% THC) is legally sold without a prescription.
- CBD-infused food and supplements remain restricted due to EU Novel Food regulations.
- CBD topicals and cosmetics are under increased scrutiny, with some products being removed from the market in 2025 for non-compliance.
For those seeking CBD oil with THC, it is only available with a prescription as part of Portugal’s medical cannabis program. This means you:
- Need a diagnosed medical condition that qualifies for medical cannabis treatment.
- Must obtain a prescription from a doctor and purchase the product from a licensed Portuguese pharmacy.
- Can only access Infarmed-approved cannabis-based medicines, which are still limited in number.
If you are purchasing CBD oil online, ensure that the product is lab-tested and comes from a trusted supplier to avoid potential legal issues.
Selling CBD in Portugal
Are you considering starting a CBD business in Portugal?
Here’s what you need to know:
- CBD products must come from hemp and contain less than 0.2% THC, unless sold as part of a pharmacy-licensed medical cannabis product.
- Hemp cultivation requires a permit from Portugal’s Ministry of Agriculture.
- CBD extraction must follow EU regulations, meaning that not all extraction methods are legal.
- CBD food, beverages, and supplements are still restricted due to EU Novel Food regulations.
💡 Important: Avoid misleading health claims when marketing CBD products. In 2025, Portuguese regulators have cracked down on brands falsely promoting CBD as a medical treatment, leading to product removals and fines.
Conclusion: Is CBD legal in Portugal?
Yes, CBD is legal in Portugal, but its regulation comes with strict conditions. Portugal is known for its progressive drug policies, having decriminalized drug possession in 2001. This means that while personal cannabis use is not a criminal offense, authorities can still issue fines or require counseling. In 2018, Portugal legalized medical cannabis, allowing patients to obtain prescription-based cannabis medicines, including CBD products that contain THC.
For those looking to purchase CBD oil without a prescription, it is available as long as it is derived from hemp and contains no detectable THC. However, CBD-infused food and cosmetics face tighter regulations in 2025, with some non-compliant products being removed from the market. Despite these restrictions, CBD remains widely accessible, and Portugal is seen as an emerging market for CBD business opportunities.
About us
At Essentia Pura, we specialize in manufacturing high-quality white-label and private-label CBD products, helping businesses launch their own unique CBD brands. With cutting-edge hemp extraction methods and a commitment to compliance and quality, we support companies in the nutraceutical, pharmaceutical, and cosmetic industries. Whether you’re looking for ready-to-market formulations or custom solutions, we’re here to help you succeed in the growing CBD market.
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