Is CBD Oil Legal In Portugal?

by in International Law October 1, 2019

CBD has become a wildly popular substance, one now used by millions of people across the world. As a result of the compound’s booming popularity, its economic potential has exploded, with the substance now expected to generate around $20 billion by 2024. There’s plenty of reasons for this, including the fact that countless anecdotal reports and some scientific evidence has indicated that the compound has the potential to help people deal with a wide array of physical and emotional problems.

Many countries have reexamined their laws pertaining to CBD, noting that the substance is not marijuana and should be regulated appropriately. Some countries have held fast in their refusal to legalize the substance, and in other countries, a strange legal gray area exists. Such is the case in Portugal.

Is CBD Oil Allowed In Portugal?

The answer seems to be shrouded in confusion, but is likely no. Medical cannabis was legalized in Portugal in 2018 (more on that below). However, when specifically asked about the legal status of recreational CBD in an April 2019 article, INFARMED, Portugal’s regulatory agency for medical marijuana, declined to answer. 

There are also conflicting reports on the internet: Some websites say no, while others say yes, arguing that it must be legal because there are no explicit bans on the substance. Additionally, there are stores in Portugal where someone can purchase CBD, but it is very possible those are operating outside of formal legal permission – this is relatively common.

Generally speaking, when it comes to a formerly illegal substance, explicit authorization is required in order to consume the substance. There have been no reports of arrests for CBD, but that’s not to say that it couldn’t happen in the future, particularly given that there is no specific legal authorization for CBD use. 

As such, it appears that CBD Oil exists in a legal gray area in Portugal, and that a safer assumption would be to assume that the substance is not legal.

Medical Marijuana In Portugal

Medical Marijuana in Portugal was legalized in 2018. In order to obtain medical marijuana, patients must obtain a prescription from a Doctor and can then obtain the marijuana from a pharmacy.

As you can imagine from a law which enacted such a change (marijuana was previously prohibited in all forms, and remains prohibited for any use other than medical), the law was comprehensive and detailed the specific procedures by which marijuana could be grown, processed, prescribed, sold, exported and imported. Unlike other counties, Portugal’s law did allow for marijuana to be grown and processed within the country, reducing the need for imports and potentially stimulating the country’s economy.

Interestingly, Portugal’s marijuana law is much broader than most other western countries. Instead of listing specific conditions for which marijuana could be prescribed, the law says that it may be prescribed for any condition, if other treatments proved unsuccessful.

Author: Leafwindow Team

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