Is Cannabis / THC legal in Portugal?

Also known as: weed, marijuana

Legal status

Decriminalised for own consumption. Since 1 October 2023 acquisition and possession for own consumption are an administrative offence at any quantity. Cultivation for own consumption remains a crime. The substance remains illegal and is confiscated.

Consequences if caught

Decriminalised is not legalised. Lei n.º 55/2023 came into force on 1 October 2023 and changed the boundary of the offence. Article 40(2) of Decreto-Lei n.º 15/93, as amended by that law, reads 'A aquisição e a detenção para consumo próprio das plantas, substâncias ou preparações referidas no número anterior constitui contraordenação'. In translation, acquisition and possession for own consumption constitute an administrative offence. There is no quantity limit on that sentence. The ten day amount no longer decides whether conduct is criminal. Article 40(3) now reads that acquisition or possession exceeding the quantity needed for average individual consumption over ten days 'constitui indício de que o propósito pode não ser o de consumo', in translation an indication that the purpose may not be consumption. Article 40(4) provides that where the quantity is exceeded but the acquisition or possession is shown to be exclusively for own consumption, the competent judicial authority orders the case closed, a decision not to charge, or an acquittal, and refers the person to the commission for the dissuasion of drug addiction. Cultivation is the exception and it is still a crime. Article 40(1) as amended reads 'Quem, para o seu consumo, cultivar plantas, substâncias ou preparações compreendidas nas tabelas [...] é punido com pena de prisão até 3 meses ou com pena de multa até 30 dias', in translation that growing for one's own consumption is punishable by up to 3 months imprisonment or a fine of up to 30 days. Article 40(5) allows the offender to be exempted from penalty. The ten day amounts come from table IV of Portaria n.º 94/96 and are 25 g of leaves and flowering or fruiting tops at 2,5 g a day, 5 g of resin at 0,5 g a day, and 2,5 g of oil at 0,25 g a day. Trafficking remains criminal under article 21 of Decreto-Lei n.º 15/93 where the purpose is not own consumption, and carries imprisonment of 4 to 12 years. Cases of consumption are referred to the commission for the dissuasion of drug addiction. Under article 15 of Lei n.º 30/2000 a consumer who is dependent may receive only non pecuniary sanctions, and a consumer who is not dependent may receive either a fine or a non pecuniary sanction.

If prescribed or medical

A prescribed medicine carried with a valid prescription is lawful. Medical cannabis means authorised cannabis based medicines and preparations dispensed by prescription. For controlled medicines carry a Schengen certificate, see documentation.

Documentation

For Schengen travel carry a Schengen certificate for controlled medicines together with the original packaging and the prescription.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Portugal’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.