Canna Reporter write
The Tax and Customs Authority (TA) of Portugal published yesterday, November 26, 2025, an Office in which it explicitly prohibits the marketing in national territory of products containing extracts or preparations based on the cannabis plant, including THC and CBD, in tobacco products. The decision follows the clarifications requested by “various economic operators and customs offices” and was based on an opinion of Infarmed, which states that “only substances or preparations based on the cannabis plant may be made available for medicinal purposes, duly authorised”.
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In the Office, the TA clarifies that, according to the current regulatory framework, the sale of the cannabis plant, its extracts and preparations, such as THC (Tetrahydrocannabinol) and CBD (Cannabidiol), is only allowed under the regime provided for in Decree-Law no. 8/2019, of 15 January, that is, exclusively for medicinal purposes. This regime requires a Marketing Authorization (ACM), to be granted by Infarmed, I.P.
The ban is categorical, affecting products that are similar to goods taxed by the Tobacco Tax, such as cigarettes or e-cigarette liquids that include cannabis-based substances or preparations in their composition. The understanding of TA and Infarmed is that cannabis extracts are covered by Table I-C of Decree-Law no. 15/93 of January 22, which reinforces the restriction and frames these substances out of the common trade.
The Tax Authority justifies the disclosure of the letter with the need to disseminate the understanding of Infarmed to the customs offices to harmonize the treatment to be given to this type of products.
“According to Decree-Law no. 8/2019, the placing on the market of medicinal products, substances or preparations based on the cannabis plant for medical purposes depends on obtaining a marketing authorisation (MCA), to be granted by INFARMED, I.P., upon submission of the respective application. In view of this understanding, products equivalent to those that are taxed under Tobacco Tax (for example, cigarettes or liquids for electronic cigarettes) and that have substances or preparations based on the cannabis plant in their composition, cannot be marketed in the national territory”, concludes the document, signed by the deputy director general of AT, Fernando Campos Pereira.
The new guidance therefore prevents any product containing extracts or preparations of cannabis without the proper Marketing Authorisation for medicinal use from being sold in Portugal.The measure represents a setback for economic operators who expected a legal opening to the market for cannabis products in tobacco form in Portugal, both CBD and THC.
CBD is already regulated as a tobacco product, with specific taxes applied to CBD flowers and cigarettes, in European countries such as Belgium, Luxembourg, Estonia, Poland or Austria. In April 2019, Belgium was the first EU country to regulate the marketing of dried hemp flowers with less than 0.2% THC, considering them a “tobacco product”.
These are examples of successful regulation, which has led to a positive development of the sector. In Portugal, CBD flowers or pre-rolled cigarettes made from hemp are sold in cannabis stores as objects of collection or decoration.
