Portugal prohibits commercialization of CBD and THC in tobacco products and e-cigarettes

The Tax and Customs Authority of Portugal has determined the prohibition of commercializing any tobacco products containing Cannabidiol (CBD) and Tetrahydrocannabinol (THC) and other cannabinoids, regardless of the concentration present in the substances.

Disclosed through an Official Letter dated November 26, 2025, the rule aims to harmonize the control of goods in the Portuguese market. The decision directly responds to requests for clarification from economic operators regarding the entry of items such as pre-rolled hemp cigarettes and vaping liquids (vapes).

Legal basis for the use of CBD and THC

The position of the Tax Authority is based on a binding opinion from the National Authority of Medicines and Health Products (Infarmed). The regulator clarified that, according to Decree-Law No. 8/2019, the cannabis plant and its extracts, including CBD and THC, can only be made available for medicinal purposes.

For the legal circulation of these products, it is mandatory to obtain a Marketing Authorization (MA), granted by Infarmed. Without this specific license for therapeutic use, the sale of cannabis derivatives is considered illegal.

The document, signed by the Deputy Director-General of the Tax Authority, reinforces that the extracts are included in drug control legislation. Thus, the substances are classified outside the regular tobacco trade.

Impact of the prohibition of CBD and THC on the market

The measure directly affects products classified as goods subject to Tobacco Tax. With the new guidance, the legislative "gray area" that allowed the circulation of items with CBD and THC is closed.

The main products affected by the determination include:

- Traditional cigarettes infused with cannabis;

- Pre-rolled hemp cigarettes;

- E-cigarette liquids containing CBD or THC.

Previously, many of these items were marketed in specialty stores as "collectible items" or "decorative articles". Now, the Tax Authority requires that any product with plant extracts comply with the stringent requirements of the medicinal market.
 

With information from CannaReporter