Is Nimetazepam legal in Portugal?

Legal status

Controlled. Nimetazepam is named in table IV of Decreto-Lei n.º 15/93. Table IV carries a lower trafficking penalty than tables I to III. Acquisition and possession for own consumption have been an administrative offence at any quantity since 1 October 2023.

Consequences if caught

Decriminalised is not legalised. Lei n.º 55/2023 came into force on 1 October 2023. Article 40(2) of Decreto-Lei n.º 15/93 as amended 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, and there is no quantity limit on that sentence. Article 40(3) reads that a quantity exceeding average individual consumption over 10 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. Under article 15 of Lei n.º 30/2000 a dependent consumer may receive only non pecuniary sanctions and a consumer who is not dependent may receive a fine or a non pecuniary sanction. Nimetazepam is not listed in table IV of Portaria n.º 94/96, so no maximum daily individual dose and no ten day amount are published for it. Trafficking is punished under article 21(4) of Decreto-Lei n.º 15/93, which reads 'Se tratar de substâncias ou preparações compreendidas na tabela IV, a pena é a de prisão de um a cinco anos', in translation that where the substances or preparations are within table IV the penalty is imprisonment of one to five years. That is the table IV range and it is not the 4 to 12 years that article 21(1) sets for tables I to III.

If prescribed or medical

Nimetazepam has no authorised medicinal form in Portugal. It is a table IV psychotropic, so a prescription issued abroad for a product containing it would need to correspond to an authorised medicine, and none is authorised here.

Documentation

For a prescribed table IV medicine on Schengen travel, carry a Schengen certificate issued under article 75 of the Convention implementing the Schengen Agreement, 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.