Is Opium legal in Portugal?

Legal status

Controlled. Opium is named twice in table I-A of Decreto-Lei n.º 15/93, once as the spontaneously coagulated juice of Papaver somniferum and once as a mixture of alkaloids. Acquisition and possession for own consumption have been an administrative offence at any quantity since 1 October 2023. Trafficking remains a crime.

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. The ten day amount for opium juice is 10 g, calculated from the maximum daily individual dose of 1 g listed for Ópio (suco) against table I-A in Portaria n.º 94/96. No daily dose is published for the alkaloid mixture entry, so no ten day amount can be stated for that form. Trafficking is punished under article 21(1) of Decreto-Lei n.º 15/93, which reads that a person dealing in plants, substances or preparations in tables I to III 'é punido com pena de prisão de 4 a 12 anos', in translation is punished with imprisonment of 4 to 12 years. Table I-A is within tables I to III, so opium carries that range.

If prescribed or medical

There is no traveller prescription route for raw opium. Opium itself has no prescribable form in Portugal and a foreign prescription cannot authorise possession of it. Authorised opioid medicines are a separate question and are covered by their own substance pages.

Documentation

For a prescribed controlled 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. No documentation makes raw opium lawful to carry.

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.