Is Cocaine legal in Portugal?

Also known as: coke, blow

Legal status

Decriminalised for own consumption. Since 1 October 2023 acquisition and possession for own consumption are an administrative offence at any quantity. 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. The ten day amount for cocaine is 2 g, calculated from the maximum daily individual dose of 0,2 g listed for cocaína (cloridrato) in table IV of Portaria n.º 94/96. The same table lists 0,03 g a day for cocaína (éster metílico de benzoilecgonina), which gives 0,3 g over ten days. 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

There is no traveller prescription route. Cocaine has at most a narrow controlled medical use as a topical anaesthetic administered in a clinical setting, and there is no prescribable form a traveller can carry.

Documentation

No documentation can authorise possession of this substance. If you are carrying other controlled medicines on Schengen travel, carry a Schengen certificate 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.