Federal Narcotics and Psychotropic Substances Act- October 3, 1951 (As of November 27, 2001)

 Chapter 1: General provisions 

Section 1 

¹ Substances and preparations having a morphine, cocaine or cannabis-like effect and that lead to a dependency (addiction) are deemed to be a narcotic within the meaning of this act. 

² The following are deemed to be narcotics within the meaning of para. 1: 

a. Raw drugs

1. Opium;

2. Poppy straw used to produce substances or preparations covered in b (1), c or d of this paragraph;

3. Coca leaves;

4. Hemp;

b. Active ingredients

1. Phenantrene alkaloids of opium, their derivatives and salts leading to dependency (addiction);

2. Ecgonine, its derivatives and salts that lead to dependency;

3. Hemp fibre resin;

c. Other substances

that have an effect similar to the substances covered in a or b of this paragraph;

d. Preparations

that contain substances covered in a, b or c of this paragraph.

 

³ Psychotropic substances leading to dependency are included with narcotics under this act, namely :

a. Hallucinogens such as lysergide and mescaline;

b. Central nervous system stimulants having an amphetamine-like effect;

c. Central depression having a barbituric or benzodiazepinine–like effect;

d. Other substances that have an effect similar to those substances covered in one a to c;

e. Preparations that contain substances covered under a to d.

 

⁴ The Swiss institute of therapeutic products⁽95) prepares a list of substances and preparations within the meaning of paragraphs 2 and 3.

Chapter 2. Manufacture, distribution, acquisition and use of narcotics.

Part 1. Manufacturing facilities and business establishments

 

Section 4

 

¹ Businesses and individuals who wish to grow alkaloid plants in order to extract narcotics or who wish to manufacture, prepare or sell narcotics must be authorized to do so by the competent cantonal authority, subject to Section 8.

 

² The Federal Council prescribes the terms of these authorizations and the conditions governing their granting, duration, withdrawal and expiry.

 

Section 5

 

¹ A special permit from the Federal Office of Public Health is required to import and export an uncontrolled narcotic. This permit is issued in compliance with international conventions. An export permit which is not required by law or by international convention can be issued if it is required by the recipient country.

² The Customs Administration, along with the Federal Office of Public Health, controls the importing and exporting of narcotics.

 

Section 8

 

¹ The narcotics indicated hereafter cannot be grown, imported, manufactured or sold.

a. Smoking opium and wastage coming from its manufacture or use;

b. Diacetylmorphine and its salts;

c. Hallucinogens such as lysergide (LSD 25);

d. Hemp used for the extraction of narcotics and resin from its fibres (hashish).

 

² (repealed by ch. I of the Federal Act of March 20, 1975 – RO 1975 1220 : FF 1973 I 1303)

 

³ The Federal Council can prohibit the importing, manufacture and sale of other narcotics if their manufacture is prohibited by international convention or if the main producing states do not act to prohibit them.

 

⁴ Any stocks of prohibited narcotics must be processed, under the supervision of the cantonal authority, into a substance authorized by law; otherwise, they must be destroyed.

 

⁵ If not prohibited by any international convention, the Federal Office of Public Health may issue special authorizations, providing that the narcotics covered under paragraphs 1 and 3 are used for scientific purposes or the fight against narcotics, or that the substances covered in paragraph 1 (b) and (c), are intended for a limited medical purpose.

 

⁶ The Federal Office of Public Health may, in addition, issue, on an exceptional basis, authorizations to grow, import, manufacture and market substances described in paragraph 1 (b). It can also issue authorizations to use the same substances to treat drug addicts, as an exception in only in institutions specialized in this field.

 

⁷ The Federal Council shall establish the conditions governing the treatment of addicts with substances referred to in paragraph 1(b) and ensure that these substances are administered only to people:

a. who are no less than 18 years old;

b. who have been heroin addicts for no less than two years;

c. who have discontinued no less than two attempts at out-patient or in-patient care involving another recognized method or whose state of health precludes any other treatment and

d. who manifest medical, psychological or social deficiencies due to narcotics use.

⁸ The Federal Council shall provide for regular monitoring of therapies used, with a particular focus on the objective of abstinence.

 

Part 4. Combatting Narcotics Abuse

 

Section 15

 

¹ Administrative services, physicians and pharmacists are authorized to report to the appropriate protection authority or to an approved treatment or assistance institution any case of narcotics abuse they observe in the course of their official or professional activities, where they are of the opinion that protection measures are appropriate in the interests of the patient, those close to the patient or the community.

 

² Employees of the appropriate protection authority and of the approved treatment or assistance institution must, with respect to such reports, maintain official and professional confidentiality under sections 320 and 321 of the Criminal Code of Switzerland.  Such employees are not required to give evidence in court or disclose information, provided their statements relate to the situation of the protected person or an offence under section 19a.

³ Where an educator, social worker and the support staff available to them discover that a person in their care has committed an offence under section 19a of this Act, they are not required to report that person.

 

Section 15a

 

¹ To prevent narcotics abuse, the cantons shall promote information and consultation and set up the institutions needed to do so.

 

² The cantons shall provide for the protection of those in need of medical treatment or other assistance on account of narcotics abuse and shall assist their return to work and society.

 

³ The appropriate authorities may delegate certain tasks and responsibilities to private organizations.

 

⁴ The cantons may prohibit the acquisition of narcotics.  They shall give notice of their decisions to the Federal Office of Public Health, which shall relay those decisions to health officials in the other cantons for the information of physicians and pharmacists.

 

⁵ Prescribing, dispensing and administering narcotics for the treatment of addicts shall be subject to special cantonal authorization.

 

⁶ Where, owing to addiction, a person might constitute a danger to the public, the service with knowledge of that danger shall advise the appropriate authority.

Section 15b

 

¹ Addicts may be placed or kept in a suitable establishment pursuant to the provisions on custodial care in the Civil Code of Switzerland.

 

² The cantons may order out-patient care or post-hospitalization monitoring.

 

Section 15c

 

¹ Through grants or other measures, the Confederation shall encourage scientific research on the effects of narcotics, the causes and consequences of narcotics abuse and ways to combat that abuse.

 

² The Federal Council shall establish the procedures for awarding and calculating grants and shall determine grant amounts.

 

³ The Confederation shall assist cantons and private organizations in the administration of the Act.  The Confederation shall, inter alia, set up a documentation, information and co-ordination office and encourage the training of staff specialized in the treatment of addicts.  The Federal Council shall establish the relevant procedures.

 

Chapter 4. Penal provisions

 

Section 19

 

1. Anyone who:

unlawfully cultivates alkaloid plants or hemp for the production of narcotics;

unlawfully manufactures, extracts, processes or prepares narcotics;

unlawfully stores, ships, transports, imports, exports or forwards;

unlawfully provides, distributes, sells, brokers, procures, prescribes, offers for sale or transfers;

unlawfully possesses, holds, buys or otherwise acquires;

takes steps to these ends;

finances illicit traffic in narcotics or acts as an intermediary in such financing;

publicly encourages narcotics consumption or reveals opportunities to procure or consume them;

is liable, if that person acted intentionally, to imprisonment or a fine.  In serious cases, the penalty shall be confinement or imprisonment for no less than one year; this may be combined with a fine of up to one million francs.

 

2. The case is serious, inter alia, where the offender:

a. knows or ought to know that the offence involves a sufficient quantity of narcotics to endanger the health of many people;

b. acts as a member of a gang formed to engage in illicit traffic in narcotics;

c. engages in trafficking by way of occupation and thereby makes substantial sales or earnings.

 

3. An offender who acts inadvertently in the cases referred to in subsection 1 above is liable to imprisonment for no more than one year, detention or a fine.

 

4. Anyone who commits an offence outside Switzerland, is apprehended in Switzerland and is not extradited is liable to the penalties under subsections 1 and 2, if the act is punishable in the country where it was committed.

 

Section 19a

 

1. Anyone who unlawfully and intentionally consumes narcotics or who commits an offence under section 19 for personal use is liable to detention or a fine.

 

2. For petty offences, the appropriate authority may stay the proceedings or waive punishment.  A reprimand may be issued.

 

3. Criminal prosecution may be waived where, on account of previous narcotics consumption, the offender is already subject to protection measures monitored by a physician or agrees to abide by such measures.  Criminal prosecution shall be triggered if the offender fails to comply with those measures.

 

4. Where the offender is a narcotics addict, the judge may order the offender committed to a care facility.  Section 44 of the Criminal Code of Switzerland is applicable by analogy.

 

Section 19b

 

Anyone who merely prepares narcotics for personal use or for shared use with others at no charge is not punishable where the quantities involved are minimal.

 

Section 19c

 

Anyone who intentionally persuades or attempts to persuade someone to unlawfully consume narcotics is punishable by detention or a fine.

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