Federal Act
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The Federal Assembly of the Swiss Confederation, on the basis of Articles 118 and 123 of the Federal Constitution2,3 decrees: 3 Amended by No 7 of the FA of 19 March 2010 on the implementation of Council Framework Decision 2008/977/JI on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387; BBl 2009 6749). |
Chapter 1 General Provisions5
5Structure of enactment and the numbering of the introductory articles and sections in accordance with No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). |
Art. 1 Aim 6
This Act is intended to:
6Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 1a Four-pillar policy 7
1 The Confederation and the cantons shall introduce measures in the following four areas (the four-pillar policy):
2 In doing so, the Confederation and the cantons shall take account of the concerns of protecting public health and minors. 7Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 1b Relationship with the Therapeutic Products Act 8
Narcotics used as therapeutic substances are governed by the provisions of the Therapeutic Products Act of 15 December 20009. The provisions of this Act apply, insofar as the Therapeutic Products Act contains no rule or a less stringent rule. 8Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 2 Definitions 10
In this Act:
10Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 2a List 11
The Federal Department of Home Affairs shall maintain a list of narcotics, psychotropic substances precursors and auxiliary chemicals. It shall generally base this list on the recommendations of the relevant international organisations. 11Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 2b Rule for psychotropic substances 12
Unless this Act provides otherwise, the provisions on narcotics also apply to psychotropic substances. 12Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 3 Simplified control measures 13
1 The Federal Council may make precursors and auxiliary chemicals subject to the narcotics controls set out in Chapters 2 and 3. It may require a licence or other less stringent monitoring measures, such as customer identification, accounting obligations and duties to provide information. In doing so, it shall generally follow the recommendations of the relevant international organisations.14 2 The Federal Council may partially or - in certain concentrations or quantities - entirely exempt narcotics from the control measures if the relevant international organisations (United Nations, World Health Organisation) decide on or recommend the exemption based on an agreement ratified by Switzerland.15 3 …16 4 When implementing paragraph 1, in particular for duties to provide information or advice, the Federal Council may call on the assistance of private organisations.17 13Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 14Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 15Amended by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). 16Inserted by No I of the FA of 18 Dec. 1968 (AS 1970 9; BBl 1968 I 737). Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 17Inserted by No I of the FA of 24 March 1995, in force since 1 July 1996 (AS 1996 1677; BBl 1994 III 1273). |
Art. 3a18
18Inserted by No I of the FA of 24 March 1995 (AS 1996 1677; BBl 1994 III 1273). Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Chapter 1a Prevention, Therapy and Harm Reduction1919
19Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Section 1 Prevention |
Art. 3b Division of tasks between Confederation and cantons
1 The cantons shall promote education and advice on the prevention of disorders associated with addiction and their negative health-related and social consequences. In doing so, they shall pay special attention to the protection of children and adolescents. They shall introduce adequate general conditions and create the required facilities or support private institutions that meet the quality requirements. 2 The Confederation shall conduct national programmes on prevention and in particular encourage the early recognition of disorders associated with addiction; in doing so, it shall prioritise the concerns relating to the protection of children and adolescents. It shall raise public awareness of the problems of addiction. |
Art. 3c Power to report
1 Public offices and specialists in the education, social work, health, justice and police sectors may report cases of existent or anticipated disorders associated with addiction, in particular in cases involving children and adolescents, to the relevant treatment or social assistance agencies, if:
2 If a report relates to a child or an adolescent under 18, his or her legal representative must also be informed, unless there is good cause for not doing so. 3 The cantons shall designate professionally qualified public or private treatment or social assistance agencies that are responsible for supervising reported persons, in particular children or adolescents at risk. 4 The staff of the relevant treatment or social assistance agencies are subject to official and professional secrecy in accordance with Articles 320 and 321 of the Criminal Code20.21 5 Public offices and specialists under paragraph 1 who learn that a person under their supervision has breached Article 19a are not obliged to file a criminal complaint. 21 Corrected by the Drafting Committee on 20 Feb. 2013, published on 4 April 2013 (AS 2013 973). |
Section 2 Therapy and Reintegration |
Art. 3d Supervision and treatment
1 The cantons shall ensure the supervision of persons with disorders associated with addiction who require the medical or psycho-social treatment or welfare measures. 2 The treatment is carried out with the aim of guaranteeing the therapeutic and social integration von persons with disorders associated with addiction, improving their physical and psychological health and creating conditions in which they can live a drug-free life. 3 The cantons shall also support the professional and social reintegration of such persons. 4 They shall create the facilities required for treatment and the reintegration or support private institutions that meet the quality requirements. 5 The Federal Council shall issue recommendations on the principles for funding addiction therapies and reintegration measures. |
Art. 3e Narcotics-based treatment 22
1 A licence is required for prescribing, dispensing and administering narcotics in order to treat persons dependent on narcotics. The licence is issued by the cantons. 2 The Federal Council may lay down general conditions. 3 Heroin-based treatment requires a federal licence. The Federal Council shall issue special provisions. It shall in particular ensure that:
22 In force since 1 Jan. 2010 (AS 2009 2623). |
Art. 3f23
23 Repealed by No I of the FA of 19 March 2021, with effect from 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Section 4 Coordination, Research, Training and Quality Assurance |
Art. 3i Services provided by the Confederation
1 The Confederation shall support the cantons and private organisations in relation to prevention, therapy and harm reduction by providing services; it shall support them in particular:
2 It shall inform them of new scientific findings. 3 It may take its own additional measures to reduce addiction problems or entrust their implementation to private organisations. |
Art. 3j Promotion of research
The Confederation may in terms of the Federal Research Act of 7 October 198324 support scientific research in the following fields in particular:
24 [AS 1984 28; 1992 1027Art. 19; 1993 901Annex No 4; 2080Annex No 9; 1996 99; 2000 1858; 2003 4265; 2004 4261; 2006 2197Annex No 39; 2008 433; 2010 651; 2011 4497No I 1; 2012 3655No I 13; 20132639. AS 2013 4425Art. 57 para. 1]. See now the FA of 14 Dec. 2012 on the Promotion of Research and Innovation (SR 420.1). |
Chapter 2 Manufacturing, Dispensing, Obtaining and Using Narcotics |
Section 1 Production and Sales Businesses |
Art. 4 Licence for production and trade 25
1 Businesses and persons that cultivate, produce, process or trade in narcotics require a licence from the Swiss Agency for Therapeutic Products (Swissmedic26). Article 8 is reserved.27 2 The Federal Council shall regulate the requirements for the grant, expiry or withdrawal of the licence, and its form, content and term of validity. 25Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 26 Name in accordance with No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). This change has been made throughout the text. 27Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 5 Import, export and transit 28
1 Any import or export of narcotics subject to control requires a licence from Swissmedic.29 This shall be granted in accordance with the international agreement. An export licence may also be granted even if it is not required under this Act and the international agreements but requested by the country of destination.30 1bis The Federal Council may issue special provisions on the import or export of narcotics by travellers suffering from medical conditions. Swissmedic may process sensitive personal data connected with the import or export of narcotics by travellers suffering from medical conditions, provided this is required by international agreements.31 2 The supervision of the transit of narcotics shall be carried out by the Customs Administration in consultation with Swissmedic. 28Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 29Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 30Amended by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). 31 Inserted by Art. 3 No 9 of the FD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 4475405Art. 1 let. f; BBl 2004 5965). |
Art. 6 Restrictions under international agreements 32
1 The Federal Council may prohibit licence holders from cultivating, manufacturing, importing or exporting, or stockpiling on the basis of international agreements.33 2 It may delegate the power to issue such rulings to the Federal Department of Home Affairs while retaining its oversight. 32Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 33Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 7 Raw materials and products with narcotic-type effects 34
1 Raw materials and products suspected of having similar effects to the substances and preparations in accordance with Article 2 may only be cultivated, produced, imported or exported, stored, used or placed on the market with a licence issued by the Federal Department of Home Affairs and in accordance with its conditions. 2 Swissmedic shall establish whether raw materials and products are substances or preparations in accordance with Article 2. If this is the case, a licence under Articles 4 and 5 is required. 3 The Federal Department of Home Affairs shall maintain a list of these substances and preparations. 34Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 8 Prohibited narcotics 35
1 The following narcotics may not be cultivated, imported, produced or placed on the market:36
2 ...39 3 The Federal Council may prohibit the import, production and placing on the market of further narcotics if international agreements prohibit their production or the most important producer countries cease their production.40 4 Any stocks of prohibited narcotics must be transformed under the supervision of the relevant cantonal authority in to a legally-permitted substance or, if this is not possible, destroyed. 5 Unless it is prohibited under an international agreement, the Federal Office of Public Health (FOPH) may issue exceptional licences for cultivating, importing, producing and placing on the market narcotics:
6 For the cultivation of a narcotic mentioned in paragraphs 1 letters a–c and 3 that is an active ingredient in an authorised medicinal product, an exceptional licence is required from the FOPH.42 7 For the import, production and placing on the market of a narcotic mentioned in paragraphs 1 letters a–c and 3 that is an active ingredient in an authorised medicinal product, a licence is required from Swissmedic in accordance with Article 4.43 8 The FOPH44 may grant exceptional licences, provided the substances mentioned in the paragraphs 1 and 3 are used in control measures.45 35Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 36Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 37Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). 38Amended by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). 39Repealed by No I of the FA of 20 March 1975, with effect from 1 Aug 1975 (AS 1975 1220; BBl 1973 I 1348). 40Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 41 Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). 42 Inserted by No I of the FD on the Medical Prescription of Heroin of 9 Oct. 1998 (AS 1998 2293; BBl 1998 II 1607). Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). 43 Inserted by No I of the FD on the Medical Prescription of Heroin of 9 Oct. 1998 (AS 1998 2293; BBl 1998 II 1607). Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). 44 Expression in accordance with No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). This change has been made throughout the text. 45 Inserted by No I of the FD on the Medical Prescription of Heroin of 9 Oct. 1998 (AS 1998 2293; BBl 1998 II 1607). Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 8a Pilot trials 46
1 After consulting the cantons and communes concerned, the Federal Office of Public Health may authorise scientific pilot trials involving narcotics containing an effective concentration of cannabinoids:
2 The Federal Council shall regulate the requirements for conducting the pilot trials. In doing so, it may derogate from Articles 8 paragraphs 1 letter d and 5, 11, 13, 19 paragraph 1 letter f and 20 paragraph 1 letters d and e. 3 Narcotics containing an effective concentration of cannabinoids that are supplied in the course of the pilot trials are exempt from tobacco tax under Article 4 of the Tobacco Tax Act of 21 March 196947. 46 Inserted by No I of the FD on the Medical Prescription of Heroin of 9 Oct. 1998 (AS 1998 2293; BBl 1998 II 1607). Amended by No I of the FA of 25 Sept. 2020, in force from 15 May 2021 to 14 May 2031 (AS 2021 216; BBl 2019 2529). |
Art. 8b Collecting data on medical treatment using narcotics containing an effective concentration of Cannabis 48
1 The FOPH shall collect data on medical treatments using narcotics containing an effective concentration of cannabis (medicinal cannabis products) that:
2 The data is collected for:
3 The FOPH shall make the results of the statistical analysis available to:
48 Inserted by No I of the FA of 19 March 2021, in force from 1. Aug. 2022 until 31 July 2029 (AS 2022 385; BBl 2020 6069). |
Section 2 Medical Professionals |
Art. 9
1 Medical professionals as defined in the therapeutic products legislation49, who carry out their professional activities independently in accordance with the Medical Professions Act of 23 June 200650 either as a private business or in the service of the cantons or communes and who have the relevant cantonal authorisation, and managers of public or hospital pharmacies may acquire, store, use and dispense narcotics without licences; the foregoing does not apply to exceptional licences under Article 8. Cantonal provisions on direct dispensing by physicians, dentists and veterinary surgeons are reserved.51 2 Authorisation under paragraph 1 is also granted to medical professionals and students of medical professions at university level who are authorised by the relevant cantonal authority to represent a medical professional in a medical profession at university level.52 2a ...53 3 ...54 4 The cantons may limit the authorisation granted to dentists to specific narcotics. 5 The conditions that apply to foreign sanatoriums in Switzerland shall be regulated by the cantons shall in consultation with Swissmedic. 49 Medicinal Products Licensing Ordinance of 14 Nov. 2014 (SR 812.212.1). The reference was adapted in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512) on 1. Jan. 2019. 51Amended by No II 1 of the FA of 20 March 2015, in force since 1 Jan. 2018 (AS 20155081, 2017 2703; BBl 20136205). 52Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 53Inserted by No I of the FA of 18 Dec. 1968 (AS 1970 913; BBl 1968 I 737). Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 54Repealed by No II 1 of the FA of 20 March 2015, with effect from 1 Jan. 2018 (AS 20155081, 2017 2703; BBl 20136205). |
Art. 10
1 Physicians and veterinary surgeons who carry out their professional activities independently in accordance with the Medical Professions Act of 23 June 200655 are authorised to prescribe narcotics.56 2 Foreign physicians and veterinary surgeons entitled to practise their professions in the Swiss border areas under international agreements may use and prescribe the narcotics required for doing so; the related prescriptions must be executed by a pharmacy in the relevant border area. 3 The Federal Council shall determine the additional requirements under which a prescription for narcotics issued by a foreign physician or veterinary surgeon in Switzerland may be executed. 56 Amended by Annex No 5 of the Healthcare Occupations Act of 30 Sept. 2016, in force since 1 Feb. 2020 (AS 2020 57; BBl 2015 8715). |
Art. 11
1 Physicians and veterinary surgeons are obliged to use, dispense and prescribe narcotics only in the quantities necessary according to the recognised rules of medical science. 1bis Physicians and veterinary surgeons who dispense narcotics authorised as medicinal products for indications other than those for which they were authorised must report this within 30 days to the relevant cantonal authorities. They must provide all the information requested by the relevant cantonal authorities on the nature and purpose of the treatment.57 2 Paragraphs 1 and 1bis also apply to the use and dispensing of narcotics by dentists.58 57Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 58Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 12
1 The cantons may revoke authorisation in accordance with Article 9 for a limited period or permanently if the authorised medical professional59 is narcotics dependent or has committed an offence under Articles 19–22.60 2 The order applies throughout the Confederation. 3 Article 54 of the Criminal Code61 remains reserved. 59Term: Medicinal Products Licensing Ordinance of 14 Nov. 2018 (SR 812.212.1). The reference was adapted in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512) on 1. Jan. 2019. 60Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Section 3 Hospitals and Institutions |
Art. 14
1 Hospitals may be granted a licence by the relevant cantonal authority to acquire, store and use narcotics according to their operational requirements, provided a person specified in Article 9 is responsible for their storage and use. 2 Institutions involved in scientific research may be granted a licence by the relevant cantonal authority to cultivate, acquire, store and use narcotics to the extent required for their own needs.62 3 Article 8 is reserved.63 62Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 63Inserted by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). |
Section 3a Organisations and Authorities64
64Inserted by No I of the FA of 18 Dec. 1968 (AS 1970 9; BBl 1968 I 737). Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 14a
1 The Federal Council may license national or international organisations such as those of the Red Cross, the United Nations, its special organisations and national institutions, and authorities such as the customs and border guard agencies to acquire, import, store, use, prescribe, dispense or export narcotics in the course of their activities. 1bis The cantons may grant a licence cantonal authorities and communal authorities, in particular the police, in accordance with paragraph 1. 2 The Federal Council and the cantons may revoke the licence they have granted for a limited period or permanently where special circumstances so require. |
Section 4 ... 65
65Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 1566
66Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 15a–15c67
67Inserted by No I of the FA of 20 March 1975 (AS 1975 1220; BBl 1973 I 1348). Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Chapter 3 Control |
Art. 1668
For each supply of narcotics, a delivery note must be issued and handed to the recipient with the product. The supply must be reported to Swissmedic separately. Exempted from the foregoing is dispensing by authorised medical professionals69 for the treatment of persons and animals and to physicians in the same cantonal territory who do not dispense directly. 68Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 69 Term: Medicinal Products Licensing Ordinance of 14 Nov. 2018 (SR 812.212.1). The reference was adapted in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512) on 1. Jan. 2019. |
Art. 17
1 Businesses, persons and institutions who hold a licence under Articles 4 and 14 paragraph 2 are obliged to keep constant records of all dealing with narcotics.70 2 The businesses and persons mentioned in Article 4 must report to Swissmedic71 at the end of each year on their dealing with narcotics and the stocks that they hold.72 3 Businesses and persons licensed to cultivate, produce and process narcotics must also report to Swissmedic annually on the extent the area under cultivation and the type and quantity of narcotics obtained, produced and processed.73 4 The persons authorised under Article 9 to acquire, use or dispense narcotics or the persons responsible for them under Article 14 paragraph 1 must justify the use of the narcotics. 5 The Federal Council shall issue provisions on safeguarding, labelling and promoting narcotics, as well as the information given on package inserts.74 70Amended by No I of the FA of 18 Dec. 1968, in force since 1 Jan. 1970 (AS 1970 913; BBl 1968 I 737). 71 Revised by the Federal Assembly Drafting Committee [Art. 33 ParlPA; AS 19741051]. 72 Amended by Annex No II 3 of the Therapeutic Products Act of 15 Dec. 2000, in force since 1 Jan. 2002 (AS 2001 2790; BBl 1999 3453). 73Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 74Inserted by No I of the FA of 18 Dec. 1968, in force since 1 Jan. 1970 (AS 1970 913; BBl 1968 I 737). |
Art. 18
1 The businesses, persons, facilities and institutions subject to official control must make their areas under cultivation, production, sales and storerooms accessible to the control agencies, together with their stocks of narcotics and all related receipts. They must provide information whenever requested to do so by the authorities.75 2 The public officials of the Confederation and the cantons who are delegated the task of controlling dealings in narcotics must treat the information obtained in doing so as confidential. The duty of confidentiality as defined in Article 320 of the Criminal Code76 is unlimited in time. 75Amended by No I of the FA of 18 Dec. 1968, in force since 1 Jan. 1970 (AS 1970 913; BBl 1968 I 737). |
Chapter 3a Data Protection and Data Processing 7778
77Inserted by Art. 3 No 9 of the FD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 4475405Art. 1 let. f; BBl 2004 5965). 78 Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Section 1 Data Protection under the Schengen Association Agreements 79
79 Inserted by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Art. 18a Disclosure of personal data to a state bound by one of the Schengen Association Agreements
The disclosure of personal data to the relevant authorities of states bound by one of the Schengen Association Agreements80 is equivalent to the disclosure of personal data between federal bodies. 80 Agreement of 26 Oct. 2004 between the Swiss Confederation, the European Union and the European Community on the Swiss Confederation's association with the implementation, application and development of the Schengen Acquis (SR 0.362.31); Agreement of 28 April 2005 between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of those parts of the Schengen Acquis that are based on the provisions of Title IV of the Treaty establishing the European Community (SR 0.362.33); Agreement of 17 Dec. 2004 between the Swiss Confederation, Republic of Iceland and the Kingdom of Norway on the Implementation, Application and Development of the Schengen Acquis and on the Criteria and Procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway (SR 0.362.32); Protocol of 28 Feb. 2008 between the Swiss Confederation, the European Union, the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation that European Union and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen Acquis (SR 0.362.311). |
Art. 18b81
81 Repealed by No 7 of the FA of 19 March 2010 on the implementation of Council Framework Decision 2008/977/JI on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387; BBl 2009 6749). |
Art. 18c Right to information
The right to information is governed by the federal or cantonal data protection provisions.82 The proprietor of the data collection shall also provide information on the details available on the origin of the data. 82 Amended by No 7 of the FA of 19 March 2010 on the implementation of Council Framework Decision 2008/977/JI on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387; BBl 2009 6749). |
Section 2 Data Processing 83
83 Inserted by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Art. 18d In connection with the treatment of persons dependent on narcotics 84
1 The authorities and institutions responsible for the implementation of this Act are entitled to process personal data, and in particular sensitive personal data and personality profiles in order to review the requirements for and the progress with the treatment of persons dependent on narcotics. 2 They shall take technical and organisational measures to guarantee the protection of data in accordance with paragraph 1. 3 The Federal Council shall regulate the details, in particular:
84 Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Art. 18e In connection with licences under Articles 4, 5 and 8 85
1 The FOPH and Swissmedic may process the following personal data, provided it is required in order to grant licences pursuant to Articles 4 and 5 and exceptional licences pursuant to Article 8 paragraphs 5–8 or to verify compliance with such licences:
2 The Federal Council shall specify:
85 Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Art. 18f In connection with medicinal cannabis products 86
1 The FOPH shall operate an information system to process data under Article 8b. 2 Doctors who treat persons with medicinal cannabis products must record the data required for data collection under Article 8b. Data on patients must be recorded in pseudonymised form. 3 The Federal Council shall specify:
4 It may stipulate that data need no longer be recorded if new data is no longer required for the scientific evaluation under Article 8b paragraph 2. 86 Inserted by No I of the FA of 19 March 2021, in force from 1 Aug. 2022 until 31 July 2029 (AS 2022 385; BBl 2020 6069). |
Chapter 4 Criminal Provisions |
Section 1 Offences 87
87 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Oct. 2013 (AS 2013 1451; BBl 2011 81958221). |
Art. 1988
1 Any person who without authorisation:
is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The offender is liable to a custodial sentence of not less than one year, which may be combined with a monetary penalty, if he or she:
3 The court may at its discretion mitigate the penalty in the following cases:
4 The offender also commits an offence under the provisions of paragraphs 1 and 2 if he or she committed the offence abroad but is apprehended in Switzerland and is not extradited, provided the act is also an offence at the place of commission. If the law at the place of commission is more lenient, it shall be applied. Article 6 of the Criminal Code89 applies. 88Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 19bis90
Any person who offers, supplies or in any other way makes accessible narcotics to a person under 18 without medical grounds for doing so is liable to a custodial sentence not exceeding three years or a monetary penalty. 90Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 19a91
1. Any person who wilfully consumes without authorisation narcotics or any person who commits an offence in terms of Article 19 for his or her own consumption is liable to a fine92. 2. In minor cases, no proceedings may be taken or the penalty may be waived. An official caution may be issued. 3. If the offender is or makes himself or herself subject to medically supervised care due to consumption of narcotics, prosecution may be waived. Criminal proceedings shall be conducted if the offender withdraws from care or treatment. 4. If the offender is dependent on narcotics, the court may order him or her to be admitted to a hospital. Article 44 of the Criminal Code93 applies mutatis mutandis. 91Inserted by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). 92 Term in accordance with Annex No 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 19991979). This amendment has been made throughout the text. |
Art. 19b94
1 Any person who prepares a negligible quantity of a narcotic for his or her own consumption or supplies a person over the age of 18 free of charge for the purpose of consuming the narcotic together at the same time does not commit an offence. 2 10 grams of a narcotic containing an effective concentration of cannabinoids constitutes a negligible quantity.95 94Inserted by No I of the FA of 20 March 1975 (AS 1975 1220; BBl 1973 I 1348). Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 95 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Oct. 2013 (AS 2013 1451; BBl 2011 81958221). |
Art. 19c96
Any person who wilfully incites or attempts to incite another to consume narcotics without authorisation is liable to a fine. 96Inserted by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). |
Art. 2097
1 Any person who:
is liable to a custodial sentence not exceeding three years or to monetary penalty. 2 The offender is liable to a custodial sentence of no less than one year if he or she achieves a large turnover or substantial profit through commercial trading. The custodial sentence may be combined with a monetary penalty. 97Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 98 Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). 99 Term: Medicinal Products Licensing Ordinance of 14 Nov. 2018 (SR 812.212.1). The reference was adapted in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512) on 1. Jan. 2019. |
Art. 21100
1 Any person who wilfully:
is liable to a custodial sentence not exceeding three years or monetary penalty. 2 The offender is liable to a fine if he or she acts through negligence. 100Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 22101
Any person who wilfully or negligently:
is liable to a fine. 101Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 23102
1 If a public official responsible for implementing this Act wilfully commits an offence under Articles 19–22, the penalty shall be increased appropriately. 2 A public official responsible for combating unauthorised dealings in narcotics who accepts an offer of narcotics in order to assist with investigations does not commit an offence, even if he or she does not disclose his or her identity and function.103 102Amended by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). 103 Amended by Art. 24 No 2 of the FA of 20 June 2003 on Covert Investigations, in force since 1 Jan. 2005 (AS 20041409; BBl 1998 4241). |
Art. 24104
1 Unlawful assets located in Switzerland shall be forfeited to the State even if the offence is committed abroad. Where there is no place of jurisdiction under Article 32 of the Criminal Procedure Code of 5 October 2007105 (CPC), the canton in which the assets are located is responsible for arranging their forfeiture.106 2 The relevant authorities shall confiscate the narcotics obtained in implementing this Act and arrange for their disposal or destruction.107 104Amended by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). 106 Second sentence amended by Annex 1 No II 27 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 107Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 25108
108Repealed by No I of the FA of 20 March 1975, with effect from 1 Aug. 1975 (AS 1975 1220; BBl 1973 1348). |
Art. 27110
1 The special provisions of the Criminal Code111 and the provisions of the Foodstuffs Act of 20 June 2014112 are reserved.113 2In the event of the unauthorised import, export or transit of narcotics in accordance with Article 19, the criminal provisions of the Customs Act of 18 March 2005114 and the Ordinance of 29 March 2000115 to the Federal Act on Value Added Tax do not apply. 110Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 113 Amended by Annex No II 4 of the Foodstuffs Act of 20 June 2014, in force since 1 May 2017 (AS 2017 249; BBl 2011 5571). 115 [AS 2000 1347; 2001 3294No II 4; 20045387; 2006 2353,4705No II 45; 2007 1469Annex 4 No 24, 6657Annex No 9. AS 2009 6743Art. 163]. See now the Value Added Tax Ordinance of 27 Nov. 2009 (SR 641.201). |
Section 2 Prosecution 116
116 Inserted by No I of the FA of 28 Sept. 2012 (AS 2013 1451; BBl 2011 81958221). Amended by Annex No II 3 of the Fixed Penalties Act of 18 March 2016, in force since 1 Jan. 2020 (AS 2017 6559, 2019 527; BBl 2015 959). |
Art. 28117
1 Prosecution is the responsibility of the cantons. 2 Articles 6 and 7 of the Federal Act of 22 March 1974118 on Administrative Criminal Law also apply to prosecution by cantonal authorities. 3 Notice of convictions, penalty orders and decisions not to proceed in cases under Article 19 paragraph 2 must be given in full written form to the Federal Office of Police immediately after they are issued where the indictment demanded an unsuspended custodial sentence. 117Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 28a119
Offences under Articles 20–22 that are established by the relevant federal authority in the area subject to federal law enforcement shall be prosecuted and judged by that authority. The procedure is governed by the Federal Act of 22 March 1974120 on Administrative Criminal Law. 119Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 28b–28l121
121 Inserted by No I of the FA of 28 Sept. 2012 (AS 2013 1451; BBl 2011 81958221). Repealed by Annex No II 3 of the Fixed Penalties Act of 18 March 2016, with effect from 1 Jan. 2020 (AS 2017 6559, 2019 527; BBl 2015 959). |
Chapter 5 Tasks of the Cantons and the Confederation122
122Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Section 1 Tasks of the Confederation |
Art. 29
1 The Confederation exercises oversight over the implementation of the Act. 2 It conducts controls at the border (import, transit and export) and in customs warehouses and bonded warehouses. 3 The Confederation and the cantons work together to fulfil their tasks under this Act and shall coordinate their measures. They may call on the assistance of other organisations concerned. 4 ...123 123 Repealed by No I of the FA of 19 March 2021, with effect from 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Art. 29a
1 The FOPH shall arrange for the scientific evaluation of the measures under this Act. It may give the data obtained under Articles 18d–18f in anonymised form to the Federal Statistical Office for evaluation and publication.124 2 On completion of important evaluations, the Federal Department of Home Affairs shall submit a report to the Federal Council and the relevant committees of the Federal Assembly on the results and shall submit proposals for further action. 3 The FOPH shall maintain a documentation, information and coordination office. 4 Swissmedic shall submit reports in accordance with the international agreements. 124 Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Art. 29b
1 In relation to combating unauthorised dealing in narcotics, the Federal Office of Police acts as a national analysis, coordination and investigation agency in accordance with the Federal Act of 7 October 1994125 on the Central Offices of the Federal Criminal Police. 2 It has the following tasks:
3 Customs and Border Guard authorities shall report offences against this Act to the Federal Office of Police so that the information can be passed on to foreign and international authorities; they shall also inform the cantons. 4 Taking evidence in connection with international mutual assistance in criminal cases relating to narcotics is governed by the relevant provisions of the Criminal Procedure Code of 5 October 2007127. 126 Amended by Annex No II 5 of the Postal Services Act of 17 Dec. 2010, in force since 1 Oct. 2012 (AS 2012 4993; BBl 2009 5181). |
Art. 29c
1 The Federal Council shall designate a national reference laboratory; this shall conduct research, provide information and coordinate in analytical, pharmaceutical and clinical-pharmacological matters involving narcotics and substances under Articles 2, 3 paragraph 1 and 7 paragraph 3. 2 The Federal Council shall designate a national monitoring agency to monitor the problems of addiction. This agency shall collect, analyse and interpret statistical data. It shall work with the cantons and the international organisations. 3 The Confederation may delegate to third parties specific tasks of research, information and coordination and of monitoring the problems of addiction under paragraphs 1 and 2. |
Section 2 Tasks of the Cantons |
Art. 29d
1 The cantons shall issue the required regulations for implementing the federal law and designate the relevant authorities and offices responsible for:
2 The cantons have the power to charge fees for licences that they grant (Art. 3e,14 and 14a para. 1bis) and for special rulings and controls. 3 The cantons shall notify the Federal Department of Home Affairs of their implementing regulations. |
Art. 29e
1 The cantonal governments shall report to the Federal Council regularly on the implementation of this Act and the observations made in doing so, and shall provide the required data (Art. 29c para. 2). 2 The cantons must notify the Federal Office of Police promptly in accordance with the provisions of the Federal Act of 7 October 1994128 on the Central Offices of the Federal Criminal Police of any prosecutions initiated due to offences against this Act. The relevant information shall be transmitted electronically or entered directly in the data processing systems of the Federal Office of Police. The Federal Council shall regulate the details. |
Chapter 6 Final Provisions |
Art. 30129
1 The Federal Council shall issue the required implementing provisions. 2 It shall specify the fees that Swissmedic charges for licences, controls and services. It may delegate his power to Swissmedic. 3 It shall specify in specific cases the powers, the detailed requirements for their exercise and the methods for the required controls when granting licences to organisations, institutions and authorities as defined in Article 14a. It may if necessary issue alternative regulations to the Act when regulating the controls. 129Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 31–34130
130Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 35131
131Repealed by No I of the FA of 20 March 1975, with effect from 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). |
Art. 36132
132Repealed by No I of the FA of 20 March 2008, with effect from 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |
Art. 36a Transitional provisions to the Amendment of 19 March 2021 133
1 The Federal Council shall specify how long the exceptional licences issued under the previous law by the FOPH for the import, production and placing on the market of narcotics containing an effective concentration of cannabis for medical purposes remain valid after the Amendment of 19 March 2021 comes into force. 2 For as long as the exceptional licence in accordance with paragraph 1 remains valid, no licence is required from Swissmedic under Article 4. 133 Inserted by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). |
Art. 37
1 The Federal Council shall specify the date on which this Act takes effect. 2 On this date, the Federal Act of 2 October 1924134 concerning Narcotics and provisions of federal and cantonal acts and ordinances that conflict with this Act shall be repealed. Commencement Date: 1 June 1952135 |