IS CBD LEGAL IN PORTUGAL?
IS CBD LEGAL IN PORTUGAL?
The answer is yes, the use of CBD products in Portugal does not present any legal conflict.
In recent years, cannabidiol (CBD) and its benefits have attracted attention in the world of health and wellness. Although cannabis is illegal in most countries, the same does not happen with the well-known CBD oils, extracted from the plant. These oils and other CBD products can be purchased quite easily, especially in Europe and North America.
However, despite its growing popularity, there is still a lot of confusion regarding the legal framework of CBD, both in Portugal and in several other countries. This article aims to help clear up some of the confusion surrounding this topic.
CBD and THC
Cannabis is often described as a pharmacy inside a plant. This happens because this plant contains, in its composition, more than 500 different substances, the main and best known of which are CBD and THC.
Tetrahydrocannabinol (THC) is mainly responsible for the famous intoxicating effects of cannabis. Although this molecule has very interesting medicinal properties, it is commonly consumed recreationally. THC consumption often results in a state of pleasure, euphoria, relaxation and altered cognitive abilities.
Cannabidiol (CBD) is also very interesting for therapeutic applications and has a much appreciated advantage – it does not cause any type of intoxicating effect. This has made CBD extremely popular in recent years, with hundreds of products infused with CBD and hemp extracts introduced onto the market.
Cannabis: marijuana or hemp?
The word cannabis refers to the genus and species of the plant, according to scientific nomenclature. There is a wide variety of cannabis plants, and the concentration of compounds they produce varies significantly from one plant to another.
Hemp and marijuana are terms used to distinguish cannabis plants according to their THC levels. Therefore, in the eyes of the law, any cannabis plant that has a THC concentration greater than 0.3% will be considered marijuana.
On the other hand, plants that have THC concentrations of less than 0.3% will be considered hemp plants. It is from these plants that almost all CBD products available on the market are produced.
The need for regulation
Having understood that cannabis plants contain different compounds in different concentrations and, furthermore, that there are many different cannabis-based products, it is easy to understand that legislation is not all the same.
The hemp plant has been cultivated in Europe for other purposes for many years. However, the extraction of oils from its flowers and their commercialization can be considered a recent issue.
In recent years, hundreds of companies dedicated to CBD have appeared on the market, and a large number of people have started to consume cannabis products that had not yet been classified and regulated within the European Union.
CBD is considered a food
Since CBD is not considered a narcotic substance, it has been classified as a food, and its regulation is guaranteed by the European Food Safety Authority (EFSA).
According to EFSA regulations, “new foods” are those whose consumption in the European Union was not significant until May 1997.
In January 2019, EFSA added all cannabinoids to the novel foods catalogue, including cannabis extracts, products with added cannabinoids and synthetic cannabinoids in foods.
At that time, the industry disagreed with this decision, and sought, together with the European Industrial Hemp Association (EIHA), to prove the historical use of all parts of the hemp plant in human consumption, but was unsuccessful.
In this way, close to two dozen companies operating in the CBD area began, with some reluctance, the long and expensive process of authorization to commercialize new foods.
The Kanavape case
After a four-year legal battle, in January 2018, a French company was convicted by a French court for using CBD extracted from hemp in its products.
This decision was based on the fact that the use of the hemp plant, with the exception of its fiber and seeds, was illegal in France.
In May 2019, the Advocate General of the European Court of Justice, Evgeni Tanchev, issued a non-binding preliminary decision considering that CBD could not be considered a narcotic substance and, as such, products such as CBD oils extracted from the CBD plant hemp could be freely traded between European Union member states.
This vision would still have to be confirmed in a final court deliberation, but it was a positive indicator and suggested a bright future for the hemp industry in Europe.
The European Commission
Unpredictably, in July 2020, the European Commission reconsidered its position in relation to CBD, considering it, after all, a narcotic substance.
This decision taken by the European Commission was quite unexpected, mainly because it went against the position of the Advocate General of the European Court of Justice. Furthermore, the final deliberation of this case was expected in autumn 2020, so if they had waited until the end of the process, they could have acted in accordance with the European Court of Justice's interpretation of the law.
Due to this new categorization of CBD, companies that had started the process of authorizing new foods saw this process blocked, which, curiously, did not happen with applications relating to products with synthetic CBD.
The decision of the European Court of Justice
In November 2020, the European Court of Justice made its final decision in relation to the French case, stating that “the rules relating to the free movement of these goods within the European Union are applicable, since the CBD in question cannot be considered a narcotic drug” .
The 1961 United Nations Single Convention on Narcotic Drugs seeks, on the one hand, to systematize international control measures for narcotic substances for medical and scientific purposes and, on the other, to prevent their distribution by illicit means.
A literal interpretation of this convention could result in CBD products being classified as narcotics. However, the court considered that a literal approach to the convention would be contrary to the general spirit of the convention, which aims to protect the health and well-being of humanity.
The court also highlighted the absence of psychotropic effects and the high safety profile of CBD, as well as the inconsistencies regarding the halt in approval processes for CBD products derived from cannabis, whereas the same did not happen with CBD products. synthetic.
The European Court of Justice has ruled, without a doubt, that “a member state cannot prohibit the marketing of CBD legally produced in another member state, even if it is extracted from the Cannabis sativa plant as a whole, and not just its fibers and seeds”. This interpretation is final and sets a precedent, and other European institutions, as well as the courts of member states, will have to follow this interpretation.
The European Commission and the United Nations
Just 5 months later, in December 2020, the European Commission officially reversed its position, declaring that CBD is not, after all, a narcotic substance.
That same day, the United Nations Commission on Narcotic Drugs held a vote that resulted in the removal of cannabis from Table 4 of the Single Convection of 1961. This table includes narcotic substances without any medical interest and with a high potential for abuse. This decision thus recognizes the therapeutic usefulness of the plant.
The commission also voted to remove CBD preparations with less than 0.2% THC from international control, as suggested by the World Health Organization (WHO).
Shortly before this vote, the European Parliament changed the THC limit in industrial hemp from 0.2% to 0.3%, aligning Europe with the United States regarding this limit.
This change could suggest that the WHO recommendation was already out of adjustment. In fact, all European Union countries voted against this recommendation, citing legal issues and a lack of scientific evidence to define this limit.
So, can I buy CBD in Portugal?
Yes, it is legal to buy CBD products in Portugal. When it comes to cannabis, Portuguese legislation can be considered quite liberal. However, regarding CBD products, regulation does not exist, neither in Europe nor in Portugal. In the eyes of the law, these products do not yet fit into any category.
The fact that these products can be freely traded without any legal constraints is positive. The same cannot be said about the fact that they do not have a defined category.
If there is no category there is no regulation and this is not good news for the consumer. Therefore, when we want to buy CBD products, whether online or in physical locations, it is very important to be informed about the companies we trust and the products we choose. We have compiled the main
We've put together the main aspects to keep in mind when buying CBD products here .
REFERENCES
Taming THC: potential cannabis synergy and phytocannabinoid-terpenoid entourage effects.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3165946/
European Union. 2019 Press release: Advocate General's opinion - CBD not classified as a narcotic drug.
https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-07/cp190091en.pdf
Cannabidiol (CBD) is not considered a 'narcotic drug' under European law
World Health Organization (WHO) Commission on Narcotic Drugs (CND) removed cannabis from Schedule IV of the 1961 Single Convention on Narcotic Drugs
