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Is THC legal in Portugal?

Formal status

EU law sets a 0.3% delta-9-THC threshold for industrial hemp varieties under Regulation (EU) 2021/2115. That figure attaches to the crop in the field and to eligibility for direct payments, not to finished product content.

Portugal transposed it by Portaria n.º 64/2023, de 3 de março, amending Portaria n.º 83/2021 and raising the national cultivation figure from 0.2% to 0.3%. Cannabis sits in Tabela I-C of Decreto-Lei n.º 15/93, de 22 de janeiro, and art. 21.º carries four to twelve years' imprisonment for, among other acts, transporting, importing, exporting or moving in transit material in Tabelas I to III. For foods, ASAE applies a 0.2% variety-level figure to hemp seed products, and Regulation (EU) 2023/915 sets contaminant maxima of 3 mg/kg for seeds and flour and 7.5 mg/kg for seed oil. None of these creates a compliant route for a supplement containing a cannabinoid extract: the objection taken by ASAE and DGAV is to the extract itself rather than to its THC content. Note a live inconsistency in the published Portuguese position - ASAE's food FAQ still states 0.2% while the cultivation figure moved to 0.3% in March 2023.

Do we sell here?

Yes, for now: Sleep spray, Sleep capsules.

Yes, we ship to Portugal.

Our Sleep formula uses a full-spectrum hemp extract, so it contains THC only as an incidental trace, and every batch is third-party tested. Our published certificates of analysis show tested content comfortably below every Portuguese threshold - the 0.3% set for hemp cultivation and the 0.2% applied to hemp seed foods alike.

The wider question in Portugal is not about THC levels at all: the authorities' position is that cannabinoid extracts should not be sold as foods, whatever they contain. See our CBD page for Portugal for how we think about that.

Outlook

Portuguese enforcement stepped up sharply in 2026, moving from published guidance to two national operations with criminal proceedings against domestic sellers, including online ones. The direction of travel is clearly toward more enforcement, not less.

One thing to watch specifically on THC is the published inconsistency between the 0.2% figure still carried in food guidance and the 0.3% cultivation figure set in March 2023. Neither figure is what actually determines the position, since the objection taken is to cannabinoid extracts as a category rather than to their THC content, but a tidy-up of the guidance would make the Portuguese position easier to read.

Timeline

March 2023

Portaria n.º 64/2023 amends Portaria n.º 83/2021, raising the national hemp cultivation THC threshold from 0.2% to 0.3% in line with Regulation (EU) 2021/2115

January 2026

ASAE inspects six food-supplement operators in Porto, Braga, Aveiro and Guimarães, seizes 3,588 articles and opens six criminal proceedings under Decreto-Lei n.º 15/93 and Decreto-Lei n.º 28/84

ASAE, comunicado de imprensa

May 2026

ASAE's national Operação Euforia inspects 53 operators including websites selling online, seizes 6,822 articles and opens 19 criminal proceedings; all operators reached were established in Portugal

ASAE, comunicado de imprensa

Ingredients

Browse legality of our other ingredients in Portugal.