Portugal is widely known for its progressive drug policy, yet marijuana is not fully legal under national law. Recreational weed remains illegal, but possession of small amounts has been decriminalized, meaning users are not criminally prosecuted and are instead handled through administrative health-focused measures. Medical cannabis is legal and regulated through prescription, while cultivation and commercial sales for recreational use are still prohibited. This page explains Portugal’s current marijuana legality, including how decriminalization works, medical cannabis access, possession thresholds, enforcement practices, and common misconceptions about legalization. For readers who want to compare Portugal’s approach with cannabis laws in other regions, see our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in Portugal
1. Legal Status Overview
- Recreational Marijuana:
Illegal but decriminalized. Possession of small amounts is not a criminal offense but an administrative one. - Medical Marijuana:
Legal under prescription. Regulated by the Portuguese health authority (INFARMED).
2. Decriminalization Policy
- Implemented: 2001, as part of a broader drug policy reform.
- Scope: Applies to all drugs, including cannabis.
- Personal Use Thresholds:
- Up to 25 grams of marijuana.
- Up to 5 grams of hashish.
- Penalties for Possession:
- No jail or criminal charges.
- Referred to a Dissuasion Commission—a panel of legal, health, and social work professionals.
- Possible outcomes: warnings, fines, treatment recommendations, or no action.
- Important Note:
Trafficking and distribution remain criminal offenses punishable by imprisonment.
3. Medical Cannabis Regulation
- Legalized: 2018.
- Access:
- needs a prescription written by a qualified medical professional.
- Approved only for certain conditions (e.g., chronic pain, epilepsy, cancer-related symptoms).
- Products must be authorized by INFARMED.
- Challenges:
- Limited availability of products.
- High cost.
- Restricted cultivation licenses.
4. Recreational Use and Cultivation
- No legal recreational market.
- Cannabis clubs or dispensaries are not permitted.
- Home cultivation is illegal for recreational users.
5. Summary
Portugal does not legalize recreational cannabis, but its decriminalization policy prioritizes health-based approaches over punishment. Under rigorous regulations, medical cannabis is legal. The country’s model is often cited for its effectiveness in reducing drug-related harm and criminalization.
