Rs 812.121 Act Of October 3, 1951, On Narcotic Drugs And Psychotropic Substances (Law On Narcotics, Legislation)

Original Language Title: RS 812.121 Loi fédérale du 3 octobre 1951 sur les stupéfiants et les substances psychotropes (Loi sur les stupéfiants, LStup)

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812.121 federal law on Narcotic Drugs and psychotropic substances (law on Narcotics, legislation) of October 3, 1951 (State October 1, 2013) the Federal Assembly of the Swiss Confederation, view the art. 118 and 123 of the Constitution, given the message of the federal Council on April 9, 1951, stop: Chapter 1Dispositions General art. 1goal this Act is intended: a. to prevent unauthorized narcotics and psychotropic substances, including consumption by promoting abstinence; b. to regulate the availability of narcotic drugs and psychotropic substances for medical and scientific purposes; c. to protect people from the medical and social consequences induced by the psychological and behavioural disorders associated with addiction; d. to preserve security and order public of the dangers from the trade and consumption of narcotic drugs and psychotropic substances; e. to fight against the criminal acts that are closely related to the trade and consumption of narcotic drugs and psychotropic substances.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 1amodele four pillars the Confederation and the cantons provide for measures in the following four areas (the four pillars model): a. prevention; b. therapy and rehabilitation; c. risk reduction and aid to survival; d. control and repression.

The Confederation and the cantons ensure the General protection of the health and youth.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 1bLien with the law on therapeutic products act of 15 December 2000 on therapeutic products applies to drugs used as therapeutic products. This Act is applicable if the law on therapeutic products does not regulation or regulation is less extensive.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
SR 812.21 art. 2definitions within the meaning of this Act, means: a. drug trafficking: substances and preparations which leads to dependence and who kind opiate, is or cannabis effects, and those that are made from these substances or preparations or have an effect similar to them; b. psychotropic substances: substances and preparations causing a dependence that contain amphetamines barbiturates, benzodiazepines or hallucinogens such as mescaline or the lysergide or who have an effect similar to these substances or preparations; c. substances: raw materials such as plants and fungi, or parts of these raw materials and their chemical compounds; d. preparations: narcotic drugs and psychotropic substances ready for use; e. precursors : substances which cause no dependency by themselves, but which can be turned into drugs or psychotropic substances; f. chemical additives: substances that are used in the manufacture of narcotic drugs and psychotropic substances.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 2aListe the federal Department of the Interior lists of narcotic drugs, psychotropic substances, precursors and chemical admixtures. For this purpose, it is based in principle on the recommendations of the competent international organizations.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 2bregles applicable to psychotropic substances except as provided in this Act, the provisions on narcotic drugs also apply to psychotropic substances.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 3 lightweight control regimes the federal Council may subject precursors and chemical adjuvants to the control of narcotic drugs referred to in Chapter 2 and 3. It may establish a system of authorisation or other less stringent monitoring measures, such as the identification of customers, the obligation to keep a register or the obligation to provide information. For this purpose, it is based in principle on the recommendations of the competent international organizations.
The federal Council may subtract partially drug to control measures or, in the case of concentrations or quantities, y subtract totally, when international organizations (United Nations, World Health Organization) so decide or recommend it under an agreement ratified by the Switzerland.

The federal Council may associate organizations private enforcement of the al. 1, including for information and advisory tasks.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).
Introduced by chapter I of the Federal ACT of 18 Dec. 1968 (1970 9 RO; FF 1968 I 784). Repealed by no I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the Federal ACT of 24 March 1995, in force since July 1. 1996 (RO 1996 1677; FF 1994 III 1249).

Art. 3 introduced by chapter I of the Federal ACT of 24 March 1995 (RO 1996 1677; FF 1994 III 1249). Repealed by no I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Chapter 1aprevention, therapy and reduction of risks Section 1 Prevention art. 3B Division of tasks between the Confederation and the cantons cantons encourage information and advice on preventing problems related to addiction and their medical and social consequences. In this respect, they give special importance to the protection of children and young people. They put in place the right framework conditions and create the necessary bodies or support institutions private meeting the required quality criteria.
Confederation is implementing the national prevention programs and encourages such early identification problems related to addiction, giving priority to the requirements related to the protection of children and youth. It sensitizes the public to the problem of addiction.

Art. 3 c ad jurisdiction administration services and professionals working in the areas of education, social action, health, justice, and the police may advertise treatment or the competent social assistance institutions cases of people with disorders related to addiction or at risk for disorders, especially in the case of children or young people When the following conditions are met: a. they found them in the exercise of their functions or their professional activity; b. a considerable danger threatens the person concerned, his family or community; c. they believe that protection measures are indicated.

If the ad is for a child or a young person of less than 18 years, his legal representative is also informed unless important reasons are opposed.
The cantons designate treatment institutions or qualified, public or private social assistance services, which are competent to take in charge announced people, especially in the case of children or youth at risk.
The staff of the institutions processing and the competent social assistance services is subject to secrecy and professional secrecy to the senses of the art. 320 and 321 of the penal code.
Administration services and professionals referred to in para. 1 who learn that a person entrusted to them has violated art. 19A are not required to report it.

RS 311.0 new content according to the erratum of February 20, 2013, published April 4, 2013 (RO 2013 973).

Section 2 therapy and reintegration art. 3dPrise in treatment the cantons provide for support of people whose state requires medical or psychosocial treatment or measures of assistance because of the addiction-related disorders.
These treatments are intended therapeutic support and social integration of people with addiction, the improvement of their physical and mental health disorders, as well as the creation of conditions for abstinence.
The cantons encourage professional and social reintegration of people with addiction disorders.
They create the necessary treatment and rehabilitation institutions or support institutions private meeting the required quality criteria.
The federal Council shall issue recommendations on the principles for funding for the treatment of addiction and rehabilitation measures.

In effect since Jan. 1. 2010 art. 3eTraitement using drugs


Prescribing, delivery and administration of drugs for the treatment of dependent persons are subject to the authorization regime. The aid is granted by the cantons.
The federal Council may set terms and conditions.
Treatment with heroin must be the subject of a federal permit. The federal Council shall issue special provisions. He watches including: a. that heroin only be prescribed to people toxicodependantes for which other types of treatment have failed or whose state of health allows no other treatment; b. to heroin to be prescribed only by a specialized doctor and in an appropriate institution; (c) that the course of treatment with prescription heroin is controlled at regular intervals.

In effect since Jan. 1. 2010 art. 3F data processing authorities and institutions in charge of the execution of this Act are allowed to process personal data, sensitive data and personality profiles in order to verify the conditions for the treatment of dependent persons and their follow-up.
They take technical and organisational measures specific to the protection of all data referred to in para. 1. the federal Council sets the terms of the processing of these data, in particular: a. the authorities and institutions responsible for the data processing; b. data c. data flows; d. access rights.

Section 3 Risk Reduction and aid to survival art. 3g tasks of the cantons cantons take steps to reduce risk and to help survival for people with addiction disorders in order to prevent or mitigate degradation of their medical and social conditions. They have created the necessary institutions or support institutions private meeting the required quality criteria.

Art. 3 h risk to traffic if the administration service fears that an affected person of addiction-related disorders has, as the result of these disorders, a risk for road traffic or for the maritime or aeronautical navigation, he shall notify the competent authority.

Section 4 Coordination, research, training and quality art. 3i benefits of Confederation Confederation supported by service the cantons and private organizations in the areas of prevention, therapy and risk reduction, including for the following: a. coordination, including planning and guidance of supply; (b) improve the quality and implementation of intervention models proven.

The Confederation informed them of recent scientific knowledge.
It may take additional measures to reduce the problems of addiction or entrust this task to private organizations.

Art. 3j Promotion of research in the law of 7 October 1983 on research, the Confederation can encourage scientific research, especially in the following areas: a. effects of substances causing addiction; b. causes and consequences of addiction-related disorders; c. preventive and therapeutic measures; d. means to prevent or reduce these problems; e. effectiveness of rehabilitation measures.

RS 420.1 art. 3 k and training continues the Confederation develops training and continuous training in the areas of prevention, therapy, rehabilitation, reducing risks and assistance for survival.

Art. 3l recommendations for quality assurance in collaboration with the cantons, the Confederation is developing recommendations on quality assurance in the areas of prevention, therapy, rehabilitation, risk reduction and assistance to survive.

Chapter 2 manufacturing, delivery, acquisition and use of Narcotics Section 1 factories and trading houses art. 4 authorization to produce and trade houses and people who cultivate, manufacture or prepare drugs or who trade must request authorisation from the Swiss Institute for therapeutic products (Institute). Art. 8 is reserved.
The federal Council shall the terms of these permissions, as well as the conditions governing their award, their duration, their withdrawal and their extinction.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 5 import, export and transit authorization of the Institute is required for import and export of narcotic drugs subject to control. This permission is granted in accordance with international conventions. An export authorisation which is not required by this Act or by international conventions may be granted if it is required by the destination country.
The federal Council may provide for special provisions for the import and export of narcotic drugs by sick travelers. The Institute may process sensitive data in relation to the import and export of narcotic drugs by sick travelers when required by enforcement of international agreements.
The Customs Administration exercises control over the transit of narcotic drugs with the Institute.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by art. 3 c. FY Dec 17 9. 2004 on the approval and implementation of the bilateral association agreements to the Schengen and the Dublin space, in effect since Dec. 12. 2008 (RO 2008 447 5405 art. 1 let. f;) FF 2004 5593).

Art. 6 restrictions under international law under the international conventions, the federal Council may prohibit the holder of the authorization to cultivate, manufacture, import and export of narcotics or to build up reserves.
It may delegate this power to the federal Department of the Interior, who exercise it under his surveillance.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 7matieres and products having an effect similar to that of substances and preparations raw materials and products that we can assume that they have an effect similar to that of substances and preparations referred to in art. 2 cannot be grown, manufactured, imported, exported, stored, used or placed on the market only with the consent of the federal Department of the Interior and the conditions he has set.
The Institute checks if the raw material or the product in question meets the criteria of art. 2. If this is the case, the permissions referred to in art. 4 and 5 are required.
The federal Department of the Interior lists of the substances and preparations.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 8 narcotics the following narcotics prohibitions cannot be cultivated, or imported, manufactured or put on the market: a. opium smoking and waste from manufacture or use; b. diacetylmorphine and its salts; c. hallucinogens such as lysergide (LSD 25); d. drug with cannabis-like effects.


If international conventions forbid the manufacture of other drugs or the major producing States to renounce this manufacturing, the federal Council may prohibit the import, production and development in trade.
Potential stocks of prohibited narcotics must be transformed, under supervision of the cantonal authority, into a substance authorized by law; without this possibility, they must be destroyed.
If no international agreement is opposed, the federal Office of public health may grant exceptional permissions for culture, import, manufacturing and the marketing of narcotic drugs referred to in paras. 1 and 3 which are used for research, drug development, or limited medical application.
The federal Office of public health may grant special permissions for the cultivation of narcotic drugs referred to in paras. 1 and 3 which are used as active ingredients in approved drugs.
The Institute may, in accordance with art. 4, allow importation, manufacturing and the marketing of narcotic drugs referred to in paras. 1 and 3 which are used as active ingredients in approved drugs.
The federal Office of public health may grant exceptional authorizations for the use of the substances referred to in paras. 1 and 3 as part of measures to combat abuse.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).
Repealed by no I of the Federal ACT of 20 March 1975, with effect from August 1, 1975 (RO 1975 1220; FF 1973 I 1303).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the AF from 9 oct. 1998 on the medical prescription of heroin, (RO 1998 2293; FF 1998 1321). New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the AF from 9 oct. 1998 on the medical prescription of heroin, (RO 1998 2293; FF 1998 1321). New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the AF from 9 oct. 1998 on the medical prescription of heroin, (RO 1998 2293; FF 1998 1321). New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 8 introduced by chapter I of the AF from 9 oct. 1998 on the medical prescription of heroin, (RO 1998 2293; FF 1998 1321). Repealed by no I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Section 2 Professions Medical art. 9. health professionals covered by the legislation on therapeutic products who work under their own responsibility in the sense of the law of 23 June 2006 on the medical professions and the managers of pharmacies Pharmacy and hospital pharmacies may without permission to obtain, hold, use and deliver narcotics under the law on therapeutic products. The cantonal provisions regulating the direct delivery of drugs by doctors and veterinarians are reserved.
The jurisdiction referred to in para. 1 extends to health professionals and students to the academic medical professions who are authorized by the cantonal authority to replace a health professional in a University medical profession.

Rights of professionals who do not exercise their profession under their own responsibility are set by the federal Council.
The cantons may restrict the rights of doctors-dentists to some drugs.
In agreement with the Institute, the cantons set standards to foreign hospitals located in Switzerland.

O of 17 October. 2001 on authorizations in the field of drugs (RS 812.212.1) RS 811.11 new content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the Federal ACT of 18 Dec. 1968 (1970 9 RO; FF 1968 I 784). Repealed by no I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 10. physicians and veterinarians who work under their own responsibility in the sense of the law of 23 June 2006 on the medical professions are allowed to prescribe narcotics.
Doctors and veterinarians aliens allowed to practice in the Swiss border areas, under an international agreement, can use and prescribe narcotics which are necessary in the exercise of their profession in Switzerland. Prescriptions must be performed by a pharmacy in the border area.
The federal Council shall issue the additional requirements according to which an order established by a doctor or a doctor-veterinarian stranger can be run in Switzerland.

RS 811.11 new content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 11. the doctors and veterinarians are required to only use, provide or prescribe drugs only to the extent admitted by the science.
Doctors and veterinarians who question or prescribe drugs allowed as a medication for one indication other than that which is allowed, must notify the competent cantonal authorities within a period of 30 days. On request of the above authorities, they must provide all the necessary information on the nature and purpose of the treatment.
The al. 1 and 1 also apply to dentists doctors regarding employment and delivery of drugs.

New term according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211). This amendment has been made throughout the text.
Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 12. the cantons may, for a specified time or permanently, depriving the healthcare professionals who become dependent (addicts) or which contravene art. 19-22 of rights under art. 9. one such measure takes effect on the whole of the Confederation.
Art. 54 of the Swiss criminal code is reserved.

Definition: O of 17 October. 2001 on authorizations in the field of drugs (RS 812.212.1) new content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
RS 311.0. Currently "art. 67 and 67A."

Art. 13. pharmacists can deliver drugs to the public only upon presentation of the order of a physician or a doctor-veterinarian.

Section 3 addresses hospital and institutions art. 14. any hospital facility may be authorized by the competent cantonal authority to obtain, hold and use drugs within the limits of its needs, if one of the persons referred to in art. 9 responsibility of ownership and use.
The competent cantonal authority may authorize scientific research institutes to cultivate, buy, hold and use drugs within the limits of their own needs.
Art. 8 is reserved.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).

Section 3aOrganisations and authorities art. 14. the Council federal may allow national and international organizations such as the Red Cross, United Nations and specialized agencies, as well as the institutions and national authorities such as the bodies of the Customs and the border guard, to get, to import, hold, to use, to prescribe, back or export narcotics within the limits of their activity.
Under para. 1, the cantons may grant permissions to the cantonal and communal, authorities including the police.
The federal Council and the cantons may withdraw permission for a specified time or permanently, if special circumstances so require.

Section 4...

Art. 15 repealed by no I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 15A to 15 c introduced by chapter I of the Federal ACT of 20 March 1975 (RO 1975 1220; FF 1973 I 1303). Repealed by section I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Chapter 3 control art. 16. for any delivery of narcotics, a ballot must be established and delivered to the recipient with the goods. The delivery must be announced to the Institute by means of a separate notification. This provision is not applicable to health professionals who recovering from narcotic drugs intended for the treatment of people or animals or who to deliver to physicians practicing in their canton who do call themselves narcotics.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Definition: O of 17 October. 2001 on authorizations in the field of drugs (RS 812.212.1) art. 17. the houses, people and institutions in possession of an authorization under art. 4 and 14, al. 2, must keep up-to-date records of all the transactions they make with drugs.
The houses and persons referred to in art. 4 shall inform the Institute at the end of each year on their trade and their stocks of narcotic drugs.

Houses and persons authorized to cultivate, to manufacture and prepare narcotics shall in addition, each year, inform the Institute of the extent of their cultures and the nature and the quantities of drugs they have extracted, manufactured and prepared.
The persons authorized under the terms of art. 9 to acquire, use and to deliver drugs or who are responsible for, within the meaning of art. 14, al. 1 must justify employment.
The federal Council issues regulations on detention and the designation of narcotics, as well as on advertising to their subject and the information given in the prospectus of packaging.

New content according to chapter I of the Federal ACT of 18 Dec. 1968, in force since Jan. 1. 1970 (1970 9 RO; FF 1968 I 784).
New content according to no II 3 of the schedule to the Act of 15 Dec. 2000 on therapeutic products, in effect since Jan. 1. 2002 (RO 2001 2790; FF 1999 3151).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the Federal ACT of 18 Dec. 1968, in force since Jan. 1. 1970 (1970 9 RO; FF 1968 I 784).

Art. 18. the houses, people, institutions and institutes subject to official control are required to make their cultures, their premises of manufacturing, stores and warehouses available to the monitoring bodies, to introduce them to their stocks of narcotic drugs and to submit all supporting documents. They must, on request, inform the authorities at any time.
Officials of the Confederation and the cantons responsible for the surveillance of the drug trafficking are held incommunicado, without time limit, in the sense of art. 320 of the Swiss criminal code.

New content according to chapter I of the Federal ACT of 18 Dec. 1968, in force since Jan. 1. 1970 (1970 9 RO; FF 1968 I 784).
RS 311.0 chapter 3aTraitement of data under the agreements of association to Schengen art. 18a Communication of personal data to a State bound by one of the association agreements to Schengen the communication of personal data to the competent authorities of the States bound by one of the association agreements to Schengen is considered to be a communication between federal bodies.

CA. October 26. 2004 between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis (RS 0.362.31); CCL April 28, 2005, between the Swiss Confederation and the Kingdom of the Denmark on the establishment of rights and obligations between these States in the field of Schengen (RS 0.362.33) cooperation; CCL Dec 17. 2004 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the acquis Schengen and on the criteria and mechanisms for determining the State responsible for the review of an application for asylum introduced in Switzerland, Iceland or Norway (RS 0.362.32); Prot. Feb 28. 2008 between the Swiss Confederation, the European Union, the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the Swiss Confederation, the European Union and the Community European on the association of the Swiss Confederation to the implementation, application and development of the Schengen (RS 0.362.311).

Art. 18b repealed by no 7 of the Federal ACT of 19 March 2010 on implementation of the framework decision 2008/977/JHA on the protection of personal data processed in the context of police and judicial cooperation in criminal matters, with effect from Dec. 1. 2010 (2010 3387 RO; FF 2009 6091).

Art. 18 c right of access, the right of access is governed by federal or cantonal data protection provisions. In addition, the controller of the file provides the information available regarding the origin of the data.

New content according to section 7 of the Federal ACT of 19 March 2010 on implementation of the framework decision 2008/977/JHA on the protection of personal data processed in the context of police and judicial cooperation in criminal matters, in force since Dec. 1. 2010 (2010 3387 RO; FF 2009 6091).

Art. 18 d and 18e repealed by section 7 of the Federal ACT of 19 March 2010 on implementation of framework decision 2008/977/JHA on the protection data to personal data processed in the context of police and judicial cooperation in criminal matters, with effect from Dec. 1. 2010 (2010 3387 RO; FF 2009 6091).

Chapter 4 provisions Criminal Section 1 acts punishable art. 19 is punished with a custodial sentence of more than three years or a monetary penalty: a. who, without right, cultivates, manufactures or product in any other way of narcotics; b. one who, without right, store, ships, transports, matter, exporting narcotics or passes in transit; c. who, without law, alienates or prescribed drugs, in any other way provides to a third party or puts it in trade; d. that which without right, owns, holds or acquires narcotics or gives it any other way; e. who funds the trafficking of drugs or acts as an intermediary for its financing; f. who publicly encourages the consumption of drugs or reveals opportunities to obtain or consume; g. who takes measures for the purpose of committing any of the offences referred to in the let. a to f.

The offender is punished with a custodial sentence of one year at least, this sanction that can be combined with a monetary penalty: a. If he knows or cannot be ignored that the offence may directly or indirectly endanger the health of many people; b. If he acts as member of a band formed to engage systematically in the trafficking of drugs; c. If he engages in business traffic and thus realizes a turnover or a gain important; d. If, by business, it offers, gives or makes any other way to third parties to have access to drugs in training places mainly reserved for minors or in their immediate area.

The Court may mitigate the sentence freely: a. in the case of an offence referred to in para. 1, let. g; (b) in the case of an offence referred to in para. 2, if the author is dependent on and that this offence should be used for the financing of his own drug use.

Is also punishable under paras. 1 and 2 who commits the act abroad, located in Switzerland and is not extradited, as long as the Act is also punishable in the country where it was committed. The legislation of the latter shall apply if it is more favourable to the author. Art. 6 of the penal code is applicable.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
2011 3147 RS 311.0 Art. RO 19 is punished with a custodial sentence of more than three years or a term monetary who without medical indication, offers, gives or makes available in any other manner of narcotics for a person of less than 18 years.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 19a 1. One who, without right, will have consumed intentionally drugs or who has committed a breach of art. 19 to ensure its own consumption is punishable by fine.
2. in mild cases, the competent authority may suspend the procedure or waive a penalty. A reprimand may be imposed.
3. it is possible to waive the prosecution when the offender is already submitted to have consumed drugs, protection measures, controlled by a doctor, or if he agrees to comply. The prosecution will be taken, if he shrink from these measures.
4. when the author will be victim of an addiction to drugs, the judge may order his removal in a nursing home. Art. 44 of the Swiss criminal code is applicable by analogy.

Introduced by chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).
New expression according to point 3 of the annex to the Federal ACT of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787). This amendment has been made throughout the text.
RS 311.0. Currently "art. 60 and 63 ".

Art. 19b one that merely prepare drugs in very small amounts, for his own consumption or to allow third parties more 18 to consume simultaneously transit after have provided them free of charge, is not punishable.
Ten grams of drugs with cannabis-like effects are considered a small amount.

Introduced by chapter I of the Federal ACT of 20 March 1975 (RO 1975 1220; FF 1973 I 1303). New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 19 c the one that intentionally, decides or trying to decide someone to consume non-narcotics is punishable by fine.

Introduced by chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).

Art. 20


Will be punished with a custodial sentence of more than three years or a monetary penalty: a. that presenting a request containing wrong indications to procure or provide others a permission to import, export or transit; b. one who, within the country or abroad, away from their place of destination of the drugs or substances under art. 3, al. 1, for which he has a Swiss export authorisation; c. one who cultivates, manufactures, matter, exports, stores, uses or puts in trade without authorization of substances or preparations covered by art. 7; d. health professionals that use or deliver drugs apart from the cases provided for in art. 11 or 13; e. the doctor or the doctor-veterinarian who prescribed drugs apart from the cases provided for in art. 11. the author of the offence is punished with deprivation of liberty of at least one year if he engages in business traffic and thus realize a turnover or a gain important. The custodial sentence may be combined with a monetary penalty.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Definition: O of 17 October. 2001 on authorizations in the field of drugs (RS 812.212.1) art. 21 is punished with a custodial sentence of more than three years or a sentence pecuniary one who intentionally: a. fails to make the notifications required in art. 11, al. 1, 16 and 17, al. 1, or establishing delivery notes and control records prescribed, inscribed to false data or fails to record the required indications; (b) made use of bulletins delivery or control registers containing false or incomplete.

If the author acts negligently, shall be punished for a fine.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 22 is punished with a fine one who, intentionally or negligently: a. violates its duty of care as a person authorized to trade in narcotics; b. violates the provisions on advertising for drugs and information about c. violates the duty to store and keep; d. breach of a provision of execution of the federal Council or the competent department whose violation is declared punishable , or contravenes a decision stating the penalty provided for in this article.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 23. If an official responsible for the enforcement of this Act intentionally commits an offence within the meaning of art. 19 to 22, the penalties are aggravated in a proper way.
The official in charge of combating the trafficking of drugs that, for purposes of inquiry, accepts an offer of drugs is not punishable even if he does not reveal his identity and function.

New content according to chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).
New content according to art. 24 No 2 of the Federal ACT of 20 June 2003 on the secret investigation, in force since Jan. 1. 2005 (RO 2004 1409; FF 1998 3689).

Art. 24. the illicit monetary benefits which lie in Switzerland will be also acquired the State when the offence has been committed abroad. Lack of for in the sense of art. 32 of the code of criminal procedure of October 5, 2007 (CPP), the canton in which the property is located is responsible for the confiscation.
Authorities put safe drugs that their care in the execution of this Act and cater to their value or their destruction.

New content according to chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).
RS 312.0 new content of the sentence according to the c. II 27 of annex 1 to the code of criminal procedure of the Oct. 5. 2007, in force since Jan. 1. 2011 (2010 1881 RO; FF 2006 1057).
Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 25 repealed by no I of the Federal ACT of 20 March 1975, with effect from August 1, 1975 (RO 1975 1220; FF 1973 I 1303).

Art. 26 if the requirements of this Act, shall apply the General provisions of the Swiss criminal code.

RS 311.0 art. 27. the special provisions of the penal code and the provisions of the Act of 9 October 1992 on foodstuffs are reserved.
The penal provisions of the law of March 18, 2005 on Customs and Ordinance of March 29, 2000 to the Federal law governing value added tax are not applicable in the case of import, export or transit of narcotics not authorized according to art. 19. new content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
RS 311.0 RS 817.0 RS 631.0 [RO 2000 1347, 2001 3294 ch. II 4, 2004 5387, 2006 2353 4705 ch. II 45, 2007 1469 annex 4 ch. 24 6657 annex c. 9] RO 2009 6743 art. 163]. see currently O from nov 27. 2009 (RS 641.201).

Section 2 criminal proceedings and proceedings relating to the fines art. 28. the criminal prosecution is the responsibility of the cantons.
The art. 6 and 7 of the Federal law of March 22, 1974 on administrative penal law shall also apply in the event of criminal prosecution by the cantonal authorities.
Judgments, enforcement mandates and ranking orders rendered in the cases referred to in art. 19, al. 2, must be communicated immediately, in complete shipment, to the federal Office of police, insofar as the prosecution asked a custodial sentence without reprieve.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
RS 313.0 art. 28A. the offences referred to in art. 20 to 22 that are recognized in the field of implementation of the Confederation by the federal authorities are prosecuted and judged by them. The procedure is governed by the Federal law on administrative penal law on March 22, 1974.

Introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
RS 313.0 art. 28bPrincipe the offences referred to in art. 19A, ch. 1, committed by the consumption of drugs with cannabis-like effects can be punished by a fine imposed under a simplified procedure (procedure for the fines).
The amount of the fine is 100 francs.
He need not account history or the personal circumstances of the offender.
Cannabis-containing product is seized when the fine is imposed.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28cExceptions procedure for the fines is not applied in the following cases: a. the offender uses cannabis and commits simultaneously another offence against this Act or other legislation; (b) the offence has not occurred by an officer of a competent police body; (c) the offence has been committed by a minor.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28dOrganes of competent police cantons designate the bodies of police authorized to impose fines in order.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28ePaiement the offender can pay the fine immediately or within 30 days.
In case of cash payment, the offender receives a receipt.
If the offender does not pay the fine immediately, a form for a period of 30 days is given. The officer warned a copy, which is destroyed when the fine is paid within this period.
The product containing cannabis that has been entered shall be deemed forfeited once the fine is paid.
If the offender does not pay the fine within the time limit, the competent police body committed the ordinary procedure.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28fFormulaires the release must contain at least the following information: a. the name, surname and address offender; (b) the designation of the competent police body; c. the date, the time and the place of consumption of the product containing cannabis; d. the offence committed; (e) the amount of the fine; f. the confiscated product description; (g) the date and place of the establishment of the release; h. the name and signature of the officer.

The form providing a cooling-off period contains the following information: a. the name, first name, date of birth, place of origin and home offender; b. the date it has been given; c. the indication that fault of payment within 30 days, the ordinary procedure will be initiated; (d) the designation of the competent police body; e. the date, time and place of consumption of the product; (f) the offence committed; (g) the amount of the fine; h. description of the product seized cannabis containing i. date and place of the preparation of the document; j. the name and signature of the officer.

A payment slip is attached to the form for a period of reflection.


Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28gFrais no charge is seen in case of application of the procedure relating to the fines.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. the fine 28hForce of res judicata once paid, by the dint of res judicata, subject to art. 28 k. introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28iContrevenants not domiciled in Switzerland if an offender not domiciled in Switzerland does not pay the fine immediately, he must record the amount or provide any other sufficient collateral.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28jRefus of the procedure relating to the fines the police bodies are required to inform the offender that he may refuse to submit to the procedure for the fines.
The ordinary criminal law and the procedural provisions of the code of criminal procedure are applicable if the offender refuses to participate in the proceedings relating to the fines.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).
RS 312.0 art. 28kAmendes of order and ordinary proceedings if the judge finds on indication of the offender a violation of art. 28 c, it cancels the fine and applied the ordinary procedure.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Art. 28lAmende in the ordinary procedure a fine may also be imposed in the ordinary procedure.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).

Chapter 5taches of the cantons and the Confederation Section 1 tasks of the Confederation art. 29. the Confederation shall exercise supervision on enforcement of the Act.
Confederation the control provided for in this Act to the borders of the country (import, export and transit) and in customs (warehouses federal and free ports).
The Confederation and the cantons are working together in the execution of the tasks which they are responsible under this Act and consult each other on measures to be taken. They can involve other organizations.
The federal Council shall appoint a commission of experts to advise on addiction.

New content according to section II 5 of the annex to the law on post Dec 17. 2010, in effect since Oct. 1. 2012 (2012 4993 RO; FF 2009 4669).

Art. 29 the federal Office of public health made the scientific assessment of the measures taken under this Act. It can transmit the data referred to in art. 3F, anonymously, to the federal statistical Office, which analyzes and publishes.
At the end of the important assessments, the federal Department of the Interior established a report for the federal Council and the competent committees of the Federal Assembly, he shall submit their proposals on the follow-up to this report.
The federal Office of public health manages a service of documentation, information and coordination.
The Institute establishes the reports in accordance with international conventions.

Art. 29B in the fight against the trafficking of drugs, the federal police Office fulfills the tasks of a national centre for analysis, coordination and investigation in accordance with the Federal law of 7 October 1994 on the Central Offices of the federal criminal police.
The tasks of the federal Office of police are the following: a. collaborate, within the limits of the provisions on mutual legal assistance and the practice followed in the matter, to the struggle waged by the authorities of other States against illicit drug trafficking; b. information specific to prevent violations of this Act and facilitate the prosecution of offenders; c. establish contacts with : interested 1. the offices of the federal administration (Office of public health, Directorate-General of customs), 2. Switzerland, 3 post. the Service of special tasks (FDJP), 4. the cantonal police authorities, 5. the central offices of other countries, 6. the international criminal police organization (Interpol).

Customs and border guard bodies report offences under this Act to the federal Office of police so that they can be passed to foreign and international authorities; They also inform the cantons.
In terms of international legal assistance, the provisions of the code of criminal procedure of October 5, 2007 relating to the administration of evidence apply to criminal cases concerning drugs.

RS 360 new content according to section II 5 of the annex to the law on post Dec 17. 2010, in effect since Oct. 1. 2012 (2012 4993 RO; FF 2009 4669).
RS 312.0 art. 29 c the federal Board shall designate a national reference laboratory that provides research, information and coordination in the areas of analytical, pharmaceutical and pharmaco-clinic relating to narcotic drugs and substances referred to in art. 2, 3, al. 1 and 7, al. 3. the federal Council shall appoint a national observatory for the problems of addiction. This Observatory has the task to collect, analyze and interpret statistical data. He collaborates with the cantons and international organizations.
The Confederation may entrust to a third party certain tasks in the field of research, information, coordination and follow-up of addiction problems referred to in paras. 1 and 2.

Section 2 tasks of the cantons art. 29 cantons enact the provisions necessary for the implementation of federal legislation and designate the authorities and the offices of the following tasks: a. exercise obligations and responsibilities in the area of prevention, therapy and rehabilitation, risk reduction and aid to survival (chap. 1 (a), including collecting ads of cases related to addiction disorders or risk problems (article 3 c); b. grant authorities (art.) 3rd, 14 and 14A, al. (1); c. collect discount or advertisements of prescription of narcotic drugs for indications other than those provided (art. 11, para. 1); d. perform scheduled inspections (arts. 16 to 18); e. Institute criminal proceedings (art. 28) and remove the authorization to trade of narcotic drugs (art. 12); f. the oversight on the authorities and bodies referred to in the let. a to e, and on the treatment and assistance institutions approved.

The cantons may collect taxes for grant permissions (3rd article, 14, and 14A, para. 1), make specific decisions and carry out checks.
The cantons shall communicate their enforcement provisions to the federal Department of the Interior.

Art. 29th cantonal governments go regularly to the federal Council a report on the implementation of this Act; they put the data required to provision (art. 29, para. 2).
The cantons communicate in due time to the federal Office of police, in accordance with the provisions of the law of 7 October 1994 on the central offices of the federal criminal police, criminal prosecution due to a violation of this Act. As a general rule, these information by electronic or directly introduced in systems of processing data of the federal Office of police. The federal Council shall regulate the terms and conditions.

RS 360 Chapter 6 provisions final art. 30. the federal Council shall issue any provisions necessary for enforcement of this Act.
The amount of fees that the Institute receives for permissions, controls and services. He may delegate this authority.
When granting permissions to the organisations, institutions and authorities referred to in art. 14a, the federal Council stop the responsibilities of licensees, the conditions for their exercise and the terms of controls. Necessary, it may issue provisions derogating from this Act with regard to the regulation of the controls.

New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 31-34 repealed by section I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 35 repealed by no I of the Federal ACT of 20 March 1975, with effect from August 1, 1975 (RO 1975 1220; FF 1973 I 1303).

Art. 36 repealed by no I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).

Art. 37. the federal Council shall set the date of the entry into force of this Act.
Upon entry into force of this Act, the Federal law of October 2, 1924, on drugs, and the contrary provisions of laws and ordinances, federal and cantonal are repealed.

[RS 4 449]

Date of entry into force: 1 June 1952 RO 1952 241 new content according to chapter I of the Federal ACT of 24 March 1995, in force since July 1. 1996 (RO 1996 1677; FF 1994 III 1249).
[1 3 RS; 1985 659 RO]. In the disp. mentioned are currently the art. 118 and 123 of the Constitution of 18 April 1999 (RS 101).

New content according to section 7 of the Federal ACT of 19 March 2010 on implementation of the framework decision 2008/977/JHA on the protection of personal data processed in the context of police and judicial cooperation in criminal matters, in force since Dec. 1. 2010 (2010 3387 RO; FF 2009 6091).
BBL 1951 I 841 according to chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF I 1303 1973), this Act was divided into chapters and sections. According to the same disp., the numbers 'bis' sections, articles and paragraphs spacers have been replaced by the letter a. introduced by chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New term according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
New content according to chapter I of the Federal ACT of 20 March 1975, in effect since August 1, 1975 (RO 1975 1220; FF 1973 I 1303).
Introduced by chapter I of the Federal ACT of 18 Dec. 1968 (1970 9 RO; FF 1968 I 784). New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Repealed by section I of the Federal ACT of 20 March 2008, with effect from July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
Introduced by art. 3 c. FY Dec 17 9. 2004 on the approval and implementation of the bilateral association agreements to the Schengen and the Dublin space, in effect since Dec. 12. 2008 (RO 2008 447 5405 art. 1 let. f;) FF 2004 5593).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012, in effect since Oct. 1. 2013 (2013 1451 RO; FF 2011 7523 7549).
New content according to chapter I of the Federal ACT of March 20, 2008, in force since July 1. 2011 (RO 2009 2623, 2011 2559; FF 2006 8141 8211).
ACF on 4 March 1952 State on October 1, 2013