Federal Act
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Art. 8 Prohibited narcotics 36
1 The following narcotics may not be cultivated, imported, produced or placed on the market:37
2 ...40 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.41 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.43 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 4.44 8 The FOPH45 may grant exceptional licences, provided the substances mentioned in the paragraphs 1 and 3 are used in control measures.46 36Inserted 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 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 38Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). 39Amended by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). 40Repealed by No I of the FA of 20 March 1975, with effect from 1 Aug 1975 (AS 1975 1220; BBl 1973 I 1348). 41Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). 42 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 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). 45 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. 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 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 85738645). |