Portugal has issued a ban on the sale of CBD and THC in tobacco-equivalent merchandise, ending an prolonged interval of ambiguity that had allowed a small however rising grey market to take maintain.
The Tax and Customs Authority (AT) revealed an official communication on Nov. 26 confirming that any cannabis-plant extracts or preparations — together with CBD and THC — might solely be offered underneath Portugal’s medicinal-cannabis regime. The clarification follows requests from customs officers and business operators searching for steering.
The AT directive successfully shuts down the sale of CBD flowers and pre-rolled hemp cigarettes which were provided in native outlets as “collectible” or “ornamental” merchandise — a quasi-legal area that emerged because of regulatory vagaries.
Authorized foundation
The AT stated its place is predicated on an opinion from Infarmed, the nationwide authority for medicines and well being merchandise. Infarmed reiterated that the one cannabis-based substances permitted on the market in Portugal are these meant for medicinal use – referring particularly to plant materials, extracts, or preparations.
Hemp-based merchandise resembling these which might be topic to the Tobacco Tax — together with cigarettes and e-liquids — can’t be marketed in the event that they comprise any CBD, THC, or every other cannabis-derived substance, the AT stated.
The discover, successfully a zero-tolerance coverage, goals to harmonize customs practices throughout Portugal by guaranteeing constant remedy of imports and home gross sales.
Market setback
The ruling closes the door on companies that had hoped Portugal would transfer towards regulated CBD and low-THC hemp flower gross sales much like different EU markets.
In not less than two EU international locations — Belgium and Austria — dried hemp flowers (usually generally known as ‘cannabis-light’) with low THC content material are legally categorised as tobacco merchandise and taxed underneath their tobacco regimes, making a regulated channel for hemp-flower commerce.
Belgium was the primary EU nation to control dried hemp flowers under 0.2% THC as a tobacco product in 2019. The European restrict for THC in hemp has since been raised to 0.3%.
