Is DOM legal in Portugal?

Legal status

Decriminalised for own consumption. DOM is listed in table II-A of Decreto-Lei n.º 15/93 as DOM, STP. 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. DOM is listed in table II-A of Decreto-Lei n.º 15/93 as DOM, STP, so Portugal's drug consumption regime reaches it. 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, and 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. 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. 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. Portaria n.º 94/96 sets a maximum average daily individual dose for fourteen named entries only, and this substance is not one of them, so no ten day quantity is published for it.

If prescribed or medical

There is no traveller prescription route. This substance has no prescribable form in Portugal and a foreign prescription cannot authorise possession of it.

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.