Ordinance published today defines new rules for industrial hemp in Portugal

The Portuguese Government published today in Diário da República the Ordinance 14/2022, which defines new rules for the cultivation of cannabis and industrial hemp in Portugal. Hemp can only be grown outdoors, and the growth of plants in greenhouses or their transplantation is prohibited. The production area is established at a minimum of half a hectare (5.000 square meters) and the transport of flowers (whether or not containing seeds) outside the farm is prohibited. Small farmers are angry with the new measures and many are considering giving up investments in the sector.

This is the first amendment to Ordinance No. 83/2021, of 15 April, which defined the requirements for processing requests and procedures for granting authorizations to carry out activities related to cultivation, manufacturing, wholesale trade, transport. , circulation, import and export of medicines, preparations and substances based on the cannabis plant.

If there are no major changes in relation to medical cannabis, the industrial hemp sector now sees more limitations on its production. The main change to the previous Ordinance is an addition to Ordinance No. 83/2021, of 15 April, which now includes Article 3A with the following wording:

Article 3A

Technical requirements applicable to the cultivation of the cannabis plant for industrial purposes

1 — The cultivation of the cannabis plant for industrial purposes must be carried out under the appropriate agronomic conditions for these purposes, and in accordance with the provisions of the following paragraphs:

a) It can only be carried out outdoors, by sowing, not being allowed to transplant plants, and no stage of plant development can occur in greenhouses, shelters or similar structures;

b) The minimum area allowed, in the sum of the plots of a given agricultural holding, is 0,5 ha;

c) The sowing density must be adequate for the purpose in view, and cannot be less than 30 kg of seed per hectare.

2 — It is not allowed to transport the flowering parts, whether or not containing the seed, outside the agricultural holding.

3 — Opened seed packages that contain leftover seeds not used in sowing in the agricultural season for which they were purchased cannot be used in the following year, and the farmer must keep documentary evidence of the destination given to the leftovers.

4 — Seed packages that have been purchased and associated with rejected authorization applications must be kept with their original seal and may only have the following destinations:
a) If the rejection was not for reasons associated with the packages, the applicant may keep the packages, provided they are kept with their original closure, and they may be presented in another authorization application process;
b) If the rejection is for reasons associated with the packaging, they can be returned to their origin, or destroyed, or sent for animal or human consumption, in case they are not treated with plant protection products, and the farmer must keep, at least for three years, documentary proof of destination.”

The new decree comes into force on the day following its publication, that is, tomorrow, the 6th of January, and is signed by the Ministers of State and Finance, Internal Administration, Justice, Agriculture, the Assistant Secretary of State and of Economy and the Secretary of State for Health.