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 Offences
Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Oct. 2013 (AS 2013 1451; BBl 2011 8195 8221).
Art. 19
1 Any person who without authorisation: a. cultivates, produces or otherwise produces narcotic substances; b. stores, sends, transports, imports, exports or carries in transit narcotic substances, c. sells or prescribes narcotic substances, or otherwise procures for such substances for another or places such substances on the market; d. possesses, keeps, buys, acquires or otherwise obtains narcotic substances; e. finances the unlawful trade in narcotic substances or arranges its financing; f. publicly encourages the consumption of narcotic substances or publicly announces the opportunity to acquire or consume narcotic substances; g. makes preparations for any of the acts mentioned in letters a–f, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The offender shall be liable to a custodial sentence of not less than one year if he or she: a. knows or must assume that the offence relates to a quantity of narcotic substances that could directly o
Art. 19 — 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 29 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 4 — SR 311.0
Art. 19bis
Any person who offers, supplies or in any other way makes accessible narcotics to a person under 18 without medical grounds for doing so shall be liable to a custodial sentence not exceeding three years or a monetary penalty.
Art. 19bis — 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. 19a
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 shall be liable to a fine. 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 specialised facility. Articles 60 and 63 of the Criminal Code apply mutatis mutandis.
Art. 19a — Inserted by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348). Para. 1 — Term in accordance with Annex No 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). This amendment has been made throughout the text. Para. 4 — SR 311.0. Para. 4 — Amended by No I 29 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 19b
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.
Art. 19b — Inserted 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 8573 8645). Para. 2 — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Oct. 2013 (AS 2013 1451; BBl 2011 8195 8221).
Art. 19c
Any person who wilfully incites or attempts to incite another to consume narcotics without authorisation shall be liable to a fine.
Art. 19c — Inserted by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348).
Art. 20
1 Any person who: a. makes an application containing false information in order to obtain an import, transit or export licence for him or herself or for another; b. without a licence diverts narcotics or substances in accordance with Article 3 paragraph 1 for which he or she holds a Swiss export licence to a different destination in Switzerland or abroad; c. without a licence cultivates, produces, imports or exports, stores or places on the market substances in accordance with Article 3 paragraph 1 and substances and preparations in accordance with Article 7; d. as a medical professional uses or dispenses narcotics other than in accordance with Articles 11 or 13; e. as a physician or veterinary surgeon prescribes narcotics other than in accordance with Article 11; shall be liable to a custodial sentence not exceeding three years or to monetary penalty. 2 The offender shall be liable to a custodial sentence of no less than one year if he or she achieves a large turnover or substantial p
Art. 20 — 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. c — 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 — 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. 2 — Second sentence repe
Art. 21
1 Any person who wilfully: a. fails to file reports under Articles 11 paragraph 1bis, 16 and 17 paragraphs 2 and 3, issue the required delivery notes or make narcotics controls or provides false information therein or omits to enter information that he or she should have included; b. uses delivery notes or narcotics controls that contain false or incomplete information, shall be liable to a custodial sentence not exceeding three years or monetary penalty. 2 The offender shall be liable to a monetary penalty if he or she acts through negligence.
Art. 21 — 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. a — Amended by No I 29 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Amended by No I 29 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 22
Any person who wilfully or negligently: a. fails to fulfil his or her duties of care as a person authorised to deal with narcotics; b. breaches the provisions on narcotics advertising and information; c. breaches storage and retention obligations; d. breaches an implementation regulation issued by the Federal Council or the relevant department, the contravention of which is declared a criminal offence, or an order issued to him containing a reference to the penalty under this article; shall be liable to a fine.
Art. 22 — 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. 23
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.
Art. 23 — 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. 2 — Amended by Art. 24 No 2 of the FA of 20 June 2003 on Covert Investigations, in force since 1 Jan. 2005 (AS 2004 1409; BBl 1998 4241).
Art. 24
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 2007 (CPC), the canton in which the assets are located is responsible for arranging their forfeiture. 2 The relevant authorities shall confiscate the narcotics obtained in implementing this Act and arrange for their disposal or destruction.
Art. 24 — 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. 1 — SR 312.0 Para. 1 — 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). Para. 2 — 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. 25
Repealed by No I of the FA of 20 March 1975, with effect from 1 Aug. 1975 (AS 1975 1220; BBl 1973 1348).
Art. 26
The general provisions of the Criminal Code apply unless this Act itself contains provisions.
SR 311.0
Art. 27
1 The special provisions of the Criminal Code and the provisions of the Foodstuffs Act of 20 June 2014 are reserved. 2 In 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 2005 and the Ordinance of 29 March 2000 to the Federal Act on Value Added Tax do not apply.
Art. 27 — 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 — SR 311.0 Para. 1 — SR 817.0 Para. 1 — 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). Para. 2 — SR 631.0 Para. 2 — [AS 2000 1347; 2001 3294 No II 4; 2004 5387; 2006 2353,4705 No II 45; 2007 1469 Annex 4 No 24, 6657 Annex No 9. AS 2009 6743 Art. 163]. See now the Value Added Tax Ordinance o
Section 2 Prosecution
Inserted by No I of the FA of 28 Sept. 2012 (AS 2013 1451; BBl 2011 8195 8221). 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. 28
1 Prosecution is the responsibility of the cantons. 2 Articles 6 and 7 of the Federal Act of 22 March 1974 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.
Art. 28 — 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 — SR 313.0
Art. 28a
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 1974 on Administrative Criminal Law.
Art. 28a — 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 313.0
Art. 28b–28l
Inserted by No I of the FA of 28 Sept. 2012 (AS 2013 1451; BBl 2011 8195 8221). 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).