Across the EU, cannabinoid extracts including CBD are classified as unauthorised novel foods under Regulation (EU) 2015/2283, and no Union list authorisation exists in any member state. In February 2026 EFSA set a provisional safe intake level for CBD of roughly 2 mg per day for a 70 kg adult; this is a safety opinion, not an authorisation, and CBD remains unauthorised as a food.

Portugal applies that baseline through ASAE and DGAV. ASAE has published since December 2019, in ASAEnews n.º 118 and again in n.º 124 of November 2021, that CBD, CBN, CBG and THC are unauthorised novel foods, and DGAV's 2023 guidance states that extracts of C. sativa L. containing cannabinoids, and cannabidiol in particular, may not be placed on the market as a food or food supplement. Portugal is unusual in that ASAE does not rely on food law alone: in its 2026 enforcement operations it opened criminal proceedings under Decreto-Lei n.º 15/93, de 22 de janeiro, the narcotics code, alongside Decreto-Lei n.º 28/84, by characterising cannabinoid extracts as material falling within Tabela I-C. Canabidiol is not named by name in any Portuguese statute or Portaria; the criminal characterisation is the enforcing agency's, and no Portuguese court has yet ruled on it.