Is Cannabis Legal in Portugal?
Is Cannabis Legal in Portugal?
Let’s embark on a journey through Portugal’s cannabis landscape, where the legal terrain is shaped by progressive decriminalization and evolving medical usage.
Portugal: A Trailblazer in Drug Decriminalization
In Portugal, marijuana remains illegal for recreational purposes. However, Portugal stands out as a pioneer in progressive drug policies. In 2001, the country made a groundbreaking move by decriminalizing all drugs, including marijuana. This wasn’t an endorsement of drug use but a creative and compassionate approach to address soaring drug-related issues and addiction rates. The focus shifted from punitive measures to rehabilitation and support for individuals struggling with addiction.
Under the decriminalization framework, possession, sale, purchase, and consumption of cannabis for recreational use are not criminal offenses, provided the quantity does not exceed 20 grams of flower. Instead of facing criminal charges, individuals found with small amounts are directed towards a local Commission for Dissuasion of Drug Addiction. This commission comprises legal experts and mental health professionals who assess addiction levels and recommend rehabilitation paths.
Joao Goulao, Portugal’s national drugs coordinator, encapsulated the philosophy behind decriminalization: “decriminalization is not the solution for everything, but everything is much easier when thinking about addiction as a disease with the same dignity as other diseases.”
Medical Cannabis: A Legal Avenue for Healing
In 2018, Portugal took another progressive step by legalizing medical cannabis. Patients holding cannabis licenses can access medical marijuana through licensed pharmacies and dispensaries. This legislative move provided clarity on various aspects, including marketing, prescription, sale, and dispensing of medical cannabis. Pricing follows the standard rules applied to other medications in Portugal. Currently, Sativex is the only available medication, priced at 475 Euros, with a 37% co-payment refund by the State. Medical marijuana is approved for treating pain pathologies such as oncology, multiple sclerosis, and epilepsy.
Navigating Portugal’s Cannabis Laws: Tourists and Visitors
Tourists caught indulging in cannabis are typically met with indifference or may have their cannabis confiscated. Users found with small amounts of marijuana or other illicit drugs are subject to evaluation by Portugal’s local Commission for Dissuasion of Drug Addiction, a team comprising a legal expert and two mental health professionals. This assessment helps determine the level of addiction and potential rehabilitation options.
Selling cannabis in Portugal, on the other hand, carries severe consequences. Offenders may face a minimum of one to five years in jail, with the possibility of up to ten years, depending on the gravity of the circumstances.
Cannabis Culture and Access
Portugal once had coffee shops reminiscent of Amsterdam, fragrant with the aroma of weed. However, these were banned in 2013. While street-level illegal sales still occur, caution is advised, as some individuals purporting to sell hashish may, in fact, offer substitutes like bay leaves and oregano.
Bolota, a common form of cannabis in Portugal, is known for its quality and affordability compared to Amsterdam’s counterparts. However, distinguishing between genuine and counterfeit products can be challenging, as there is a lack of trade and police regulation in this domain. Purchasing cannabis in Portugal carries risks, including the possibility of acquiring unexpected salad ingredients.
Home Cultivation: A No-Go Zone
Cultivating cannabis at home or selling cultivation tools remains illegal in Portugal. Despite proposals for legalization, this aspect did not materialize. As of now, both producing and cultivating cannabis plants are prohibited by law.
