Portugal has issued a ban on the sale of CBD and THC in tobacco-equivalent products, ending an extended period of ambiguity that had allowed a small but growing gray market to take hold.
The Tax and Customs Authority (AT) published an official communication on Nov. 26 confirming that any cannabis-plant extracts or preparations — including CBD and THC — may only be sold under Portugal’s medicinal-cannabis regime. The clarification follows requests from customs officials and commercial operators seeking guidance.
The development was first reported by CannaReporter.
The AT directive effectively shuts down the sale of CBD flowers and pre-rolled hemp cigarettes that have been offered in local shops as “collectible” or “decorative” products — a quasi-legal space that emerged due to regulatory vagaries.
Legal basis
The AT said its position is based on an opinion from Infarmed, the national authority for medicines and health products. Infarmed reiterated that the only cannabis-based substances permitted for sale in Portugal are those intended for medicinal use – referring specifically to plant material, extracts, or preparations.
Hemp-based products resembling those that are subject to the Tobacco Tax — including cigarettes and e-liquids — cannot be marketed if they contain any CBD, THC, or any other cannabis-derived substance, the AT said.
The notice, effectively a zero-tolerance policy, aims to harmonize customs practices across Portugal by ensuring consistent treatment of imports and domestic sales.
Market setback
The ruling closes the door on businesses that had hoped Portugal would move toward regulated CBD and low-THC hemp flower sales similar to other EU markets.
In at least two EU countries — Belgium and Austria — dried hemp flowers (often known as ‘cannabis-light’) with low THC content are legally classified as tobacco products and taxed under their tobacco regimes, creating a regulated channel for hemp-flower commerce.
Belgium was the first EU country to regulate dried hemp flowers below 0.2% THC as a tobacco product in 2019. The European limit for THC in hemp has since been raised to 0.3%.