Narcotics Act (NarcA)
Structure 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).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Aim
This Act is intended to: a. prevent the unauthorised consumption of narcotics and psychotropic substances, in particular by encouraging abstinence; b. regulate the availability of narcotics and psychotropic substances for medical and scientific purposes; c. protect persons against the negative health-related and social consequences of mental and behavioural disorders associated with dependence; d. protect public order, safety and security the risks posed by narcotics and psychotropic substances; e. combat criminal acts closely connected with narcotics and psychotropic substances.
Art. 1 — Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).
Art. 1a Four-pillar policy
1 The Confederation and the cantons shall introduce measures in the following four areas (the four-pillar policy): a. prevention; b. therapy and reintegration; c. harm reduction and survival support; d. control and law enforcement. 2 In doing so, the Confederation and the cantons shall take account of the concerns of protecting public health and minors.
Art. 1a — Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).
Art. 1b Relationship with the Therapeutic Products Act
Narcotics used as therapeutic substances are governed by the provisions of the Therapeutic Products Act of 15 December 2000. The provisions of this Act apply, insofar as the Therapeutic Products Act contains no rule or a less stringent rule.
Art. 1b — Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645). SR 812.21
Art. 2 Definitions
In this Act: a. narcotics means substances and preparations that cause dependence containing an effective concentration of morphine, cocaine or cannabis, and substances and preparations produced on their basis of or that have a similar effect to the same; b. psychotropic substances means substances and preparations that cause dependence that contain amphetamines, barbiturates, benzodiazepines or hallucinogens such as lysergide or mescaline or that have a similar effect to the same; c. substances means raw materials such as plants or fungi or parts thereof, and chemically produced compounds; d. preparations means ready-to-use narcotics and psychotropic substances; e. precursors means substances that do not cause dependence, but which may be transformed into narcotics or psychotropic substances; f. auxiliary chemicals means substances that assist in the production of narcotics and psychotropic substances.
Art. 2 — Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).
Art. 2a List
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.
Art. 2a — Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).
Art. 2b Rule for psychotropic substances
Unless this Act provides otherwise, the provisions on narcotics also apply to psychotropic substances.
Art. 2b — Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).
Art. 3 Simplified control measures
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. 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. 3 … 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.
Art. 3 — Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645). Para. 1 — Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645). Para. 2 — Amended by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). Para. 3 — Inserted 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, wit
Art. 3a
Inserted 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 8573 8645).
