Narcotics Act (NarcA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Production and Sales Businesses
Art. 4 Licence for production and trade
1 Businesses and persons that cultivate, produce, process or trade in narcotics require a licence from the Swiss Agency for Therapeutic Products (Swissmedic). Article 8 is reserved. 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.
Art. 4 — 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 — 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. 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).
Art. 5 Import, export and transit
1 Any import or export of narcotics subject to control requires a licence from Swissmedic. 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. 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. 2 The supervision of the transit of narcotics shall be carried out by the Federal Office for Customs and Border Security in consultation with Swissmedic.
Art. 5 — 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. 1 — 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. 1bis — Inserted by Art. 3 No 9 of the FD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements betw
Art. 6 Restrictions under international agreements
1 The Federal Council may prohibit licence holders from cultivating, manufacturing, importing or exporting, or stockpiling on the basis of international agreements. 2 It may delegate the power to issue such rulings to the Federal Department of Home Affairs while retaining its oversight.
Art. 6 — 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).
Art. 7 Raw materials and products with narcotic-type effects
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.
Art. 7 — 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. 8 Prohibited narcotics
1 The following narcotics may not be cultivated, imported, produced or placed on the market: a. opium for smoking and the residues created in its production or use; b. diacetylmorphine and its salts; c. hallucinogens such as lysergide (LSD 25); d. narcotics containing an effective concentration of cannabinoids, unless they are used for medical purposes. 2 ... 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. 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: a. in accordanc
Art. 8 — 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. 1 let. d — Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). Para. 1 let. d — 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.
Art. 8a Pilot trials
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: a. that are limited in terms of location, time and subject matter; b. that allow findings to made on the impact of new regulations on the use of these narcotics for non-medical purposes and on the health of participants; c. that are conducted so as to ensure the protection of health and of minors, and the protection of public order and public safety; and d. in which, if possible, cannabis products are used that are of Swiss origin and that comply with the rules of Swiss organic farming. 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
Art. 8a — 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). Para. 3 — SR 641.31
Art. 8b Collecting data on medical treatment using narcotics containing an effective concentration of Cannabis
1 The FOPH shall collect data on medical treatments using narcotics containing an effective concentration of cannabis (medicinal cannabis products) that: a. are not authorised; b. are authorised but are prescribed for an indication other than the authorised indication and used in a form other than the authorised pharmaceutical form. 2 The data is collected for: a. the scientific evaluation under Article 29a; and b. statistical analysis. 3 The FOPH shall make the results of the statistical analysis available to: a. the cantonal executive authorities; b. the doctors involved in the treatment; c. research institutions that are interested.
Art. 8b — 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 legislation, who carry out their professional activities independently in accordance with the Medical Professions Act of 23 June 2006 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. 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. 2 a ... 3 ... 4 The cantons may limit the authorisation granted to dentists to specific narcotics. 5 The conditions that apply to
Para. 1 — 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. Para. 1 — SR 811.11 Para. 1 — Amended by No II 1 of the FA of 20 March 2015, in force since 1 Jan. 2018 (AS 2015 5081, 2017 2703; BBl 2013 6205). Para. 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). Para. 2 — Inser
Art. 10
1 Physicians and veterinary surgeons who carry out their professional activities independently in accordance with the Medical Professions Act of 23 June 2006 are authorised to prescribe narcotics. 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.
Para. 1 — SR 811.11 Para. 1 — 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. 2 Paragraphs 1 and 1bis also apply to the use and dispensing of narcotics by dentists.
Para. 1bis — 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. 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. 12
1 The cantons may revoke authorisation in accordance with Article 9 for a limited period or permanently if the authorised medical professional is narcotics dependent or has committed an offence under Articles 19–22. 2 The order applies throughout the Confederation. 3 Article 54 of the Criminal Code remains reserved.
Para. 1 — 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. 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. 3 — SR 311.0
Art. 13
In pharmacies, narcotics may only be dispensed to the public on the basis of a prescription from a physician or veterinary surgeon.
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. 3 Article 8 is reserved.
Para. 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). Para. 3 — Inserted 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 Authorities
Inserted 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 8573 8645).
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 ...
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).
Art. 15
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).
Art. 15a–15c
Inserted 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 8573 8645).