Portugal - Punishment of drug offences

As stated by the Decree-law n.º 15/93, dated January, 22 and Decree-law n.º45/96, dated April, 3


USE AND POSSESSION FOR USE (Art. 40º)


Small amounts or minor gravity situations

Revoked by DL 45/96, dated April, 3

(Art. 40º)

Arrest with an amount of drug less than 3 days of average use, or identification as user although not arrest with any amount of drug.

Schedule I to IV:
Up to 3 months of imprisonment or 30 days of fine.

The occasional users may be not punished

If the offender accumulatedly verify the follow conditions it may be not punished:

a) occasional use;
a) less than 21 years old
a) first offence;

(Art. 44º)

Suspension of the punishment for voluntary treatment

Normal situations (Art. 40º)

Schedule I to IV:
Up to 1 year of imprisonment or 120 days of fine

(Art. 44º)

Suspension of the punishment for voluntary treatment


TRAFFICKER-USER (Art. 26º)


Small amounts or minor gravity situations (Art. 26º)

Amounts up to 5 days of individual average use

Schedule I to III:
Up to 3 years of imprisonment or fine

Schedule IV:
1 year of imprisonment or 120 days of fine

Normal situations (Art. 21º)

Schedule I to III:
from 4 to 12 years of imprisonment or
from 5 to 15 years of imprisonment

Schedule IV:
from 1 to 5 years of imprisonment

Situation with aggravating circumstances

Revoked by DL 45/96, dated April, 3

(Art. 24º)

Schedule I to III:
from 5 years and 3 months to 16 years of imprisonment or
from 6 years and 6 months to 20 years of imprisonment

Schedule IV:
from 1 and 3 months to 6 years and 6 months of imprisonment


TRAFFIC OR GENERAL POSSESSION (Art. 21º, 24º, 25º, 29º)


Small amounts or minor gravity situations (Art. 25º)

Schedule I to III and V to VI:
from 1 to 5 years of imprisonment

Schedule IV:
2 years of imprisonment or 240 days of fine

Normal situations (Art. 21º)

Schedule I to III:
from 4 to 12 years of imprisonment or
from 5 to 15 years of imprisonment

Schedule IV:
from 1 to 5 years of imprisonment

Situation with aggravating circumstances

Revoked by DL 45/96, dated April, 3

(Art. 24º)

Schedule I to III:
from 5 years and 3 months to 16 years of imprisonment or
from 6 years and 6 months to 20 years of imprisonment

Schedule IV:
from 1 and 3 months to 6 years and 6 months of imprisonment

(Art. 29º)

Traffic with criminal association
from 10 to 25 years of imprisonment


Portugal - The Law and the law enforcement figures