Portugal is a UFO when it comes to legislation on drugs in general and therefore cannabis use. His bet? Stop viewing the consumer as a criminal and instead as a patient by simply decriminalizing drug possession and use. All drugs. Regarding cannabis, personal consumption in reasonable amounts is accepted. A vision that runs counter to the rest of the European Union and even the whole world. A look back at a position unlike any other before taking stock of the relative in detail Legalization of cannabis in Portugal (consumption, cultivation, sale, medical cannabis).
Decriminalization of drug possession and use: the Portuguese exception
Portugal is a pioneer in decriminalizing drug use
It would be impossible to talk about cannabis legislation in Portugal without the Law No. 30/2000 of November 29, 2000. Because since this law, and this is a peculiarity of the country, self-consumption of all narcotics is decriminalized. The purchase and possession of these same products has also been revoked, insofar as one is within the scope of a personal consumption. This simply means that possession and consumption of narcotics are no longer punishable. This applies to cannabis, but also to all other drugs, including heroin, which was a real public health problem in Portugal in the late 1990s. In addition to addiction problems (almost one percent Portuguese for heroin alone), the country also held the sad record of most drug-related AIDS deaths in the European Union.
Decriminalization of drugs in Portugal: with what results?
Portugal’s desire to decriminalize all drugs and not just so-called soft drugs like cannabis may come as a surprise. But more than 20 years after this controversial political decision the balance is positive. The will of the government was clear at the time: Put people at the center of the debate and promoting prevention rather than punishment. This is how what is sometimes referred to as the “Portuguese experience” is offered radical solution to combat the increase in the number of drug addicts and thus limit drug-related violence. Narcotics consuming Portuguese are not sanctioned, but accompanied, especially advised detox cures and other medical accompaniments.
As a result of the races, Portugal had around 50 heroin addicts at the end of 2017. That is twice as much as in 1999, before the adoption of Law No. 30/2000. Other numbers for the less impressive now is the rate of drug-related deaths five times lower than the EU average and the rate of new HIV infections divided by 18 within a decade.
However, drug trafficking (whatever it is) remains prohibited. Let’s dig a little deeper when it comes to cannabis.
Cannabis legislation in Portugal in detail
Private cannabis use has not been criminalized in Portugal since 2000
Possession and use of cannabis in Portugal
Regarding the drug decriminalization law, which has been in force in Portugal since 2000, Possession and consumption of cannabis are no longer criminal offenses under the law. This is known as decriminalizing cannabis.
Despite this tolerance, the number of cannabis users in Portugal is estimated at just over 710 people, for a total population of 10.3 million. This corresponds to a percentage ofover 6.9%far from près de 10% issued by France, although cannabis continues to be penalized there.
For example, Law 30/2000 allows a Portuguese cannabis user to possess and consume cannabis provided the quantity does not exceed his needs Own consumption for a period of approx. 10 days. More specifically, a cannabis user has no worries when in possession less than five grams of hashish (pollen or CBD resin) or 25 grams of weed (CBD flowers). Offenses related to possession and use of cannabis were also downgradedadministrative offences. They used to be criminals. Beyond the permitted thresholds, the consumer is thus exposed to a Fine between €25 and €100.
Cannabis cultivation on Portuguese soil
The decriminalization of growing cannabis for personal use was mentioned in the ratification of the Drugs Act. The idea was nevertheless abandoned. Cultivation therefore remains illegal, as well as the sale of tools and other attachments. However, it is possible to obtain a license to have the right to sell products derived from industrial hemp.
The cultivation of cannabis in Portugal remains prohibited, as does the sale of cannabis cultivation equipment
Sale of cannabis
In Portugal, Cannabis trafficking remains a criminal offence. The law on decriminalization, which only affects possession and consumption, has not changed significantly in this sense. Cannabis thus remains assigned to “Substance List I”. Selling cannabis is therefore considered drug trafficking and the seller can be fined up to imprisonment of up to 5 years. Portugal’s position in this respect is similar to that of its neighbor Spain.
medicinal cannabis
Medicinal cannabis has been legal in Portugal since June 2018. However, it is conditional and must be prescribed by a doctor. This can only benefit patients who are not responding to conventional treatments, especially in the case of chronic pain or the treatment of certain types of cancer. Finally, Portugal grows its own therapeutic cannabis, including plants high in THC for export.
