Portugal: Several raids by the Judiciary Police and ASAE, supported by the DGAV, result in the arrest of several farmers and traders in the hemp sector.

Several teams from the Polícia Judiciária (PJ) and the Autoridade de Segurança Alimentar e Economia (ASAE) are conducting raids on hemp and CBD producers and shops across the country. Since last week, several people have been arrested and had their goods and products seized, with losses reaching thousands of euros. Some of these investigations have had the support of the DGAV, the Directorate-General for Agriculture and Veterinary Medicine, the institution responsible for authorizing hemp cultivation in the country. CannaReporter® is in contact with several of the affected producers and entrepreneurs and is trying to obtain answers from the authorities involved.

Some of these raids specifically targeted all products that contained the mention of "Cannabis Sativa" on their labels or in their ingredients, even if they were only derived from the seeds. The mere mention of the plant on the label was enough to warrant seizure. In these actions, the authorities even raided the warehouse of... 8000 Kicks, a brand of hemp shoes and backpacks, where, according to what we were able to ascertain, they seized a large part of the stock.

Despite explanations from owners and employees, who claimed the products were made only from industrial hemp or, in the case of CBD shops, only from oil and flour of hemp seeds or plant extracts—cannabis with less than 0,3% THC and therefore legal—the PJ (Judicial Police) and ASAE (Food and Economic Security Authority) inspectors ignored the law and European regulations and proceeded to seize the products. In some situations, the entire stock was seized.

CannaReporter® has already contacted the Polícia Judiciária (Portuguese Criminal Investigation Police), but has not yet received a response.

Given that Other merchants in similar situations have suffered reprisals in the past.We chose not to identify either the traders or the farmers/producers.

Farmer authorized by DGAV was detained by PJ for more than 24 hours.

This Tuesday, the Polícia Judiciária (Judicial Police) carried out a police operation in the municipality of Mafra, Lisbon district, in which it reveals, in a press release, that “a 35-year-old foreign citizen was arrested who possessed a cannabis production structure with a Tetrahydrocannabinol (THC) content higher than legally authorized”.

The PJ (Judicial Police) says that “two house searches were carried out in which 18 kilos of leaves and buds of that substance were seized, along with numerous utensils used in the production, packaging and distribution of the narcotic product, and also a large amount of cash”.

The investigation, carried out by the National Unit for Combating Drug Trafficking of the PJ (Judicial Police), is said to have started "about six months ago," leading "to the identification of the area where the suspect was cultivating the narcotic product, and it was also discovered that the suspect was selling the product by mail."

The statement from the PJ (Judicial Police) also emphasizes that "he had authorization from the Directorate-General for Food and Veterinary Medicine (DGAV) to cultivate cannabis for industrial purposes, more specifically for the production of fibers" and that "the investigations, which have the support of the DGAV, are being carried out by the Judicial Police, with the inquiry being directed by the DIAP (Department of Investigation and Prosecution) of the Northwest Lisbon District, in Sintra".

CannaReporter® understands that in addition to all the stock and production of industrial hemp, the car, computer, and all the money the farmer had at home were also seized. "The detainee was brought before a judge for initial questioning for the purpose of applying coercive measures," the statement said, with no further details of the arrest yet known.

In a country that decriminalized all drugs 25 years ago, public judgment precedes the court's verdict.

One recurring theme in these cases is the assignment of blame without analysis of the seized material, factual evidence, or trial, defaming those targeted in these raids without actually confirming whether what they possessed had a higher THC content than legally permitted.

The news spread easily through all mainstream media outlets, even before the results of the analyses from the Scientific Police Laboratory of the Judicial Police were known. NewspaperFor example, one can read in the title “He used an industrial license to produce more potent cannabis in Mafra.The news report stated that "the suspect, a foreign national, had a license to cultivate cannabis for industrial purposes, but was producing plants with a Tetrahydrocannabinol (THC) content higher than legally authorized, which he then sold by mail." These facts are not, in fact, confirmed, nor has the suspect yet received a sentence, but the public judgment has already been made.

It should also be noted that these raids are taking place in a country that decriminalized all drugs in 2000 and is seen as an example of progress internationally. 25 years later, in Portugal we are witnessing an unprecedented crackdown on the hemp sector, even though there is no concrete evidence that the seized products contain more than 0,3% THC or that it is actually CBD considered a 'new food'. And as is known, proceedings in Portuguese courts can drag on for years, sometimes even decades.

In July 2023, The Portuguese Parliament approved amendments to Decree No. 94/96, of March 26.The law, better known as 'the Drug Law', broadened the scope of the concept of 'personal consumption' to protect citizens who use substances for their own consumption without any intention of trafficking. The law no longer considers possession of more than the permitted quantity for consumption over 10 days as proof of trafficking. This means that there must be concrete proof or unequivocal evidence that the substances held by any consumer are intended for the illicit market, and not for personal consumption, before they can be charged with 'drug trafficking'.

But in Portugal, the gap between theory (law) and practice (actions by the authorities) can be enormous. And clearly, judging by the number of small seizures that occur every week by the National Republican Guard (GNR), Public Security Police (PSP), and Judiciary Police (PJ), this update to the law and the decriminalization itself, in effect since 2001, have very little practical application.

The actions by the PJ (Judicial Police) follow intimidating visits by ASAE (Food and Economic Security Authority) in recent weeks.

For the past two weeks, ASAE (Portuguese Food Safety and Economic Authority) has been present at at least two stores selling CBD products derived from hemp, proceeding in the same manner, despite the merchants allegedly presenting all the certificates proving they were operating legally. In one of the stores, one of the inspectors reportedly placed handcuffs and a knife on the counter and instructed the team that "anything with the words Cannabis Sativa L. or the image of the leaf must be taken," according to a source close to the matter.

In two of the stores visited by ASAE (Portuguese Food Safety and Economic Authority), located in the north of the country, inspectors seized all products – even those containing only hemp seed oil and/or flour. In one of them, they even warned the employee present that it would be best to "alert the boss," because they would then go to the other two stores of the brand and it would be best to remove all products from the shelves and also from the online store. According to information provided to CannaReporter®, almost €5,000 worth of stock was seized in that store alone, and the owner now has approximately €40,000 worth of marketable goods stuck in the warehouse. There is no timetable for the resolution of the case, as he is expected to appear in court at an uncertain date. 

Another source, who preferred to remain anonymous, told CannaReporter® that authorities are expected to extend this type of enforcement action to other areas of the country in the coming weeks. It was not possible to verify this information with the authorities, but reports have multiplied in recent days.

Despite the European Court of Justice clarifying the legal status of CBD, businesses and users remain at the mercy of the authorities' arbitrary decisions.

CannaReporter® questioned ASAE about these two cases, but after waiting more than 10 days for a response, the answers sent were generic and vague: “In the specific case of CBD products, their commercialization is not permitted because it is a new food not authorized by the European Commission, therefore ASAE acts to prevent illegal practices and protect consumers, with these inspections targeting all food products and food supplements containing extracts of Cannabis sativa prepared to concentrate cannabidiol (CBD), as well as other products whose labeling, presentation or composition does not comply with current legislation.”

This, however, This goes against the decision of the European Court of Justice. (CJEU) which has already ruled in a case concerning CBD products in favor of the defendant, ultimately creating jurisprudence at the European level – which the Portuguese authorities do not seem to be complying with. Other cases and judgments handed down by judges in Portuguese courts point in the same direction, that the whole hemp plant or hemp-derived products with less than 0,3% THC cannot be considered narcotics.

ASAE also responded that “additionally, products derived from hemp are also checked, only authorized when originating from seeds, such as oil, flour or whole seeds, as foreseen in the DG SANTÉ catalog at: https://ec.europa.eu/food/safety/novel_food/catalogue_en"It can be seen that, according to the aforementioned catalog, the substance Cannabidiol is identified as not approved for consumption."

Once again, many of the products seized in recent days do not contain any cannabidiol (CBD) or any other cannabinoid, as they are products manufactured from fibers (clothing, shoes) derived from hemp plants.

In neither of these two cases was any member of any police force present during the inspection operations.

Hemp is cannabis, but it's a legal agricultural product from which CBD can be extracted.

Hemp, for better or for worse, is in fact Cannabis Sativa L., meaning: they are plants from the same taxonomic family.

The only difference between hemp and what we generically call "cannabis," whether medicinal or recreational, lies in the THC content (the only psychotropic cannabinoid produced by the plant) that the various varieties can produce in their flowers.

As mentioned above, to be considered hemp it must have less than 0,3% THC, and anything exceeding this value is then considered "cannabis".

While one is grown primarily for industrial purposes, the other can be grown for medicinal or recreational purposes. - Therefore, it is a controlled plant or substance (or a narcotic).

The question that arises and gives rise to many of these cases is that it is possible to extract cannabinoids, such as CBD, from hemp flowers. And this, although not psychotropic, is a derivative of Cannabis Sativa L. creates problemssince the plant is included in the tables of controlled substances of Single Convention on Narcotic Drugs of Geneva of 1961.

Therefore, until a clear regulation aligned with the decision of is published, TJEUEven if regulations are established for the use of hemp-derived CBD in Portugal, the issue will remain controversial.

This gives rise to the authorities (Infarmed, ASAE and DGAV, GNR, PSP and PJ) issue circulars limiting its use....or they appear in hemp plantations and shops, harvesting entire crops or seizing products containing this cannabinoid, in violation of European regulations. The cases end up being resolved years later in the courts. most of the time in favor of the defendantsBut for producers and traders, the damage is already done, and their businesses, customers, and investments are lost. It's the end for all these small entrepreneurs and probably for an entire sector that could have flourished, similar to... other countries.

Regarding hemp as an industrial product, until now there seemed to be no doubt or confusion about its legality. In Portugal, it is an agricultural commodity cultivated for hundreds of years (we had royal decrees mandating its production, and even the dictator Salazar considered it a priority), and the DGAV (Directorate-General for Food and Veterinary) authorizes its cultivation. Currently, It is also internationally recognized as a highly sustainable crop, having zero environmental impact, promoting carbon dioxide (CO2) capture, and cleaning the soil. The very United Nations (UN)) it's at European Comission They have already highlighted the potential of this crop for the economy and sustainability of the planet. 

Fibers can be used to produce building materials, fabrics, chassis and interior used in automobiles and many other non-food products. The center of the stem can be processed into pulp to make paper. The seeds, on the other hand, are considered a valuable food source due to their nutritional properties, and can be used to extract oil or transformed into flour, or even eaten whole (usually shelled), being very easy to find in any supermarket or herbalist shop. They pose no risk of producing psychotropic effects, as they do not contain cannabinoids, which are only produced in the flowers of unpollinated female plants at the end of their life cycle.

In September of this year, the The European Parliament's Committee on Agriculture (AGRI) has published an amendment. which recognizes hemp flowers as an agricultural product, a decision that could have a direct impact on the next CAP (Common Agricultural Policy) and the European hemp sector.

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Margarita Cardoso de Meneses

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Margarita has been a regular contributor to CannaReporter since its inception in 2017, having previously worked for other cannabis-focused media outlets such as Cáñamo magazine (Spain), CannaDouro Magazine (Portugal) and Cannapress. She was part of the original team for the Portuguese edition of Cânhamo in the early 2000s and was part of the organisation of the Global Marijuana March in Portugal between 2007 and 2009.

She recently published the book “Canábis - Maldita e Maravilhosa” / "Cannabis - Cursed and Wonderful" (Ed. Oficina do Livro / LeYA, 2024), about the history of the plant, its ancestral relationship with Humans as a raw material, an entheogen and a recreational drug, as well as the infinite potential it holds in medical, industrial and environmental terms.

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