🏡|Weed 101|Is Marijuana Legal In Portugal? Find Out Laws About Weed Legalization In Portuguese
Aug.04.2021

Is Marijuana Legal In Portugal? Find Out Laws About Weed Legalization In Portuguese

Is Marijuana Legal In Portugal

Portugal is one of the most progressive countries in terms of recreational substances. In 2001, the country decriminalized the use of all possible illegal substances and the possession of them in small quantities for personal use. The police focused not on consumers, but on dealers and smugglers. Around the world, the Portugal marijuana experience is considered successful, albeit not without flaws.

Portugal is gradually beginning to recognize marijuana as a substance that is in a different, more harmless category than other drugs. Various marijuana-based products are sold legally in Lisbon cannabis stores with a business license. In addition to T-shirts, hemp masks, shampoos, hemp ingredients, and other attributes, customers also have access to actual weed in Portugal with adjustable CBD / THC percentages.

Since the adoption of DL 30/2000 twenty years ago, discussions on legalizing marijuana, in particular for medical purposes, have been inevitable, and in 2013 a proposal was made to fully legalize weed in Portuguese, but it was rejected.

Regarding which substances became legalized, Law 33/2018 successfully made medical cannabis legal in Portugal, and Regulatory Decree 2/2020 made the cultivation and industrial production of Portugal cannabis possible, but a certain regime was established that controls this.

In Portugal, there was no full legalization, which all marijuana lovers wanted so much, but you need to understand that cannabis will not be made completely legal so easily. We should be glad that at least some laws on decriminalization have already been adopted. You can read more about the laws below.

The downside is that the law makes medical marijuana in Portugal legalized, but people who need it (qualified patients) cannot access it. The reason for this is that doctors cannot prescribe to a patient what is not available in pharmacies, and medical cannabis can only be obtained by prescription. At the moment this situation with Portugal weed is under consideration and people are awaiting its solution.


Portugal Marijuana Laws

Portugal Marijuana Laws

Since July 1, 2001, a law has been in force throughout Portugal to decriminalize all types of drugs, including cocaine and heroin. Under the new legislation, drugs have been “decriminalized” rather than “legalized”. Thus, according to the law, the possession of drugs for personal use and the use of drugs itself is still prohibited, but violations of these prohibitions are considered exclusively administrative and are removed from the sphere of criminal law. Drug smuggling continues to be a criminal offense for illegal Portugal drug laws tourists.

While other European Union states have developed various forms of de facto decriminalization – where the use of substances deemed less serious (such as marijuana) only rarely leads to criminal prosecution – Portugal remains the only EU member state with a law explicitly declaring drugs “decriminalized” … Since the Portuguese decriminalization system began more than seven years ago, there is ample evidence to assess its impact.

According to Law 30/2000, persons detained for possessing marijuana in quantities not exceeding the limits of personal consumption are not subject to arrest, fines, or other forms of punishment, but they will have to appear before a commission of doctors, who can appoint them to attend rehabilitation courses for addiction.

The amount defined as personal use is generally considered a 10-day dose. By this definition, one person can have 25 grams of cannabis or 5 grams of hashish. The same applies to all other prohibited substances, including amphetamines, MDMA, LSD, cocaine, and heroin.

The laws regarding the sale and import of narcotic substances are much stricter. Decriminalization applies only to personal use, other laws regarding drugs remain the same. According to Law 15/93 of 1993, the sale or transport of large quantities of prohibited substances is punishable by imprisonment for 12 years; although there is an exception for those who have been selling drugs to finance their drug addiction – the period is reduced to three years and a compulsory addiction treatment program.

It is important to distinguish between “decriminalization” – a regime officially introduced in Portugal – from simple “decriminalization”, a regime prevailing in a number of EU countries that have not decriminalized drug use. The main European Union agency responsible for coordinating data on drug control policy is the European Monitoring Center for Drugs and Drug Addiction (EMCDDA).

Portugal Weed Laws: Decriminalization Regime

The 2001 Portuguese Decriminalization Act was enacted to revise the legal framework covering the use of all types of drugs and psychotropic substances, and what the European Monitoring Center for Narcotic Drugs and Addictions defines as “the medical and social well-being of non-prescription drug users”. The legal provision that formally establishes the decriminalization regime is set out in Article 2 (1), which states:

Consumption, acquisition, and storage for one’s own use of plants, substances or preparations mentioned in the previous articles constitute an administrative offense.

The interpretation of the key phrase – “for my own use” – is given in Article 2 (2). This refers to an amount “not exceeding the amount required for an average individual consumption over a 10-day period”.

There is no difference between hard and light types of drugs. It also doesn’t matter if the use is public or private. Now in Portugal, personal possession and use of all types of drugs – no matter where and for what purpose – is decriminalized. “Decriminalization” and “legalization” are not synonymous, never confused. Drug use is still prohibited under Portuguese law but is treated solely as an administrative offense, not a criminal offense.

Violators can be fined from €25 up to the minimum wage. But the law clearly states that such fines are a last resort. In the absence of evidence of addiction or recurrence of violations, the imposition of the fine should be deferred.

Dissuasion commissions are not empowered to prescribe compulsory treatment, they can suspend the imposition of sanctions in the event that the offender wishes to undergo a treatment course. This is usually done, although in practice there are very few ways to ensure that this condition is met since non-compliance with the commission’s decisions is not a violation of any law.

In the event that it is established that the violator is not using legal bud highs, but has no dependence, and there were no violations previously, section 11 (1) of the decriminalization law instructs the commissions to “temporarily suspend the proceedings” without imposing sanctions. Article 11 (3) gives commissions the right to “temporarily suspend the proceedings” even if the previously convicted drug addict agrees to undergo a special course of treatment.

Article 17 grants dissuasion commissions the right to impose a wider range of sanctions against offenders who are found to be addicted, including suspension of the right to engage in licensed professional activities, a ban on visits to high-risk places (nightclubs), a ban on communication with certain individuals, the requirement to periodically appear before the commission to prove the absence of dependence or abuse, the ban on traveling abroad, the suspension of the payment of social benefits, or simply a verbal warning.

Minors prosecuted for possession or use of drugs are subject to the same procedures and, in accordance with Article 3, they are assisted by a legal representative empowered to make decisions for the minor. But giving drugs to minors (or people with mental illness) is still prohibited by drug laws, is considered an aggravating circumstance for those convicted of “drug trafficking and other illegal activities,” and is punishable by imprisonment. from 4 to 12 years old.

The creators of the blog tried to enlighten the topic of legalization in Portugal and tell about the main laws governing activities related to marijuana. Use cannabis only legally and do not break the law. In Portugal, although there is decriminalization, you cannot freely use and carry any amount of marijuana with you, be careful.

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