¹ The cantons encourage information and advice on the prevention of addiction-related disorders and their medical and social consequences. In this regard, they attach particular importance to the protection of children and young people. They put in place the appropriate framework conditions and create the necessary organisations or support private institutions meeting the required quality criteria.

² The Confederation implements national prevention programmes and promotes, among other things, early identification of addiction-related disorders, giving priority to the imperatives of child and youth protection. It raises public awareness of the problem of addiction.

¹ Administration services and professionals working in the fields of education, social action, health, justice and the police can report to relevant treatment institutions or social assistance services Cases of people with addiction problems or who are at risk of trouble, especially if they are children or young people, when the following conditions are met:

A.

They have found them in the performance of their duties or professional activity;

B.

A considerable danger threatens the person concerned, his or her relatives or the community;

C.

They feel that protective measures are appropriate.

² If the advertisement concerns a child or young person under the age of 18, his or her legal representative is also informed unless there are significant reasons for this.

³ The cantons designate treatment institutions or qualified social assistance services, public or private, who are competent to take charge of the persons announced, in particular if they are children or young people in situations of risk.

⁴ The staff of the competent treatment institutions and social assistance services shall be subject to the secrecy of function and to professional secrecy within the meaning of the art. 320 and 321 of the Penal Code ¹ . ²

⁵ The services of the administration and professionals referred to in para. 1 who learn that a person entrusted to them has violated s. 19 A Are not required to denounce it.

¹ The cantons provide for the care of persons whose condition requires medical or psychosocial treatment or assistance due to addiction problems.

² The aim of these treatments is the therapeutic management and social integration of people with addiction-related disorders, the improvement of their physical and mental health, and the creation of conditions for Abstinence.

³ The cantons promote the professional and social reintegration of people with addiction-related disorders.

⁴ They create the institutions necessary for the treatment and rehabilitation or support private institutions meeting the required quality criteria.

⁵ The Federal Council makes recommendations on principles relating to the financing of addiction treatment and rehabilitation measures.

¹ The prescription, remission and administration of narcotic drugs for the treatment of dependent persons are subject to authorisation. This is granted by the cantons.

² The Federal Council may lay down general conditions.

³ Treatment with heroin prescription is subject to federal authorization. The Federal Council shall issue special provisions, including:

A.

That heroin is prescribed only to addicted persons for whom other types of treatment have failed or where the health condition does not permit other treatment;

B.

Heroin is prescribed only by a specialized medical practitioner and in an appropriate institution;

C.

That the conduct of treatments with heroin prescription be monitored at regular intervals.

¹ The authorities and institutions responsible for the enforcement of this Law shall be authorised to process personal data, sensitive data and personality profiles in order to verify the conditions relating to the processing of the Dependent persons and their follow-up.

² They shall take the technical and organisational measures to ensure the protection of all the data referred to in para. 1.

³ The Federal Council sets out the modalities for the processing of these data, in particular:

A.

The authorities and institutions responsible for processing the data;

B.

Data to be processed;

C.

Data flows;

D.

Access rights.

The cantons are taking measures to reduce risks and support survival in favour of people with addiction-related disorders in order to prevent or mitigate the deterioration of their medical and social conditions. They shall establish the institutions necessary for this purpose or support private institutions meeting the required quality criteria.

If a service of the administration is concerned that a person affected by addiction-related disorders may, as a result of these disorders, present a risk to road traffic or to sea or air navigation, he shall so inform the competent authority.

¹ The Confederation provides services to the cantons and private organisations in the fields of prevention, therapy and risk reduction, in particular for the following tasks:

A.

Coordination, including offering planning and guidance;

B.

Improved quality and implementation of proven intervention models.

² The Confederation informs them of recent scientific knowledge.

³ It can take additional measures itself in order to reduce addiction problems or entrust this task to private organisations.

Under the law of 7 October 1983 on research ¹ , the Confederation can encourage scientific research, particularly in the following areas:

A.

The effects of addictive substances;

B.

Causes and consequences of addictive disorders;

C.

Preventive and therapeutic measures;

D.

Ways to prevent or reduce these disorders;

E.

Effectiveness of reintegration measures.

The Confederation is developing training and continuing education in the areas of prevention, therapy, rehabilitation, risk reduction and survival assistance.

In collaboration with the cantons, the Confederation is developing recommendations for quality assurance in the areas of prevention, therapy, rehabilitation, risk reduction and survival assistance.

¹ Homes and persons who grow, manufacture or prepare narcotic drugs or trade in narcotic drugs shall require authorisation from the Swiss Institute for Therapeutic Products (institute). Art. 8 is reserved. ²

² The Federal Council shall adopt the terms and conditions of such authorisations and the conditions governing their granting, duration, withdrawal and termination.

¹ An authorization from the Institute is required for any importation and exportation of narcotics subject to control. Such authorization shall be granted in accordance with international conventions. An export authorization which is not required by this Law or by international conventions may be granted if it is required by the receiving country. ²

^1bis The Federal Council may lay down special provisions for the import and export of narcotic drugs by ill travellers. The Institute may deal with sensitive data in relation to the importation and exportation of narcotic drugs by ill travellers when required by international agreements. ³

² The Customs Administration exercises control over the transit of narcotics with the Institute.

¹ Under international conventions, the Federal Council may prohibit the holder of the authorization to cultivate, manufacture, import or export narcotics or to establish reserves. ²

² It may delegate this option to the Federal Department of the Interior, which exercises it under its high supervision.

¹ Raw materials and products which can be presumed to have an effect similar to that of substances and preparations referred to in s. 2 may be cultivated, manufactured, imported, exported, stored, used or put in commerce only with the consent of the Federal Department of the Interior and the conditions laid down by it.

² The Institute shall check whether the raw material or the product under consideration meets the criteria of Art. 2. If that is the case, the authorizations referred to in s. 4 and 5 are required.

³ The Federal Department of the Interior lists these substances and preparations.

¹ The following narcotics may not be grown, imported, manufactured or commercially available: ²

A.

Opium and waste from its manufacture or use;

B.

Diacetylmorphine and its salts;

C.

Hallucinogens such as lysergide (LSD 25);

D. ³

Drugs with cannabic-like effects. ⁴

² ... ⁵

³ If international conventions prohibit the manufacture of other narcotic drugs or that the main producing states renounce this manufacture, the Federal Council may prohibit the import, manufacture and marketing of other narcotic drugs. ⁶

⁴ Potential stocks of prohibited narcotic drugs must be transformed, under the supervision of the cantonal authority, into a substance authorized by law; failing that, they must be destroyed.

⁵ If no international agreement exists, the Federal Office of Public Health may grant exceptional authorizations for the cultivation, importation, manufacture and sale of the narcotic drugs referred to in paras. 1 and 3 that are used for research, drug development or limited medical application. ⁷

⁶ The Federal Office of Public Health may grant exceptional authorizations for the cultivation of narcotic drugs referred to in paras. 1 and 3 which are used as active ingredients in authorized drugs. ⁸

⁷ The Institute may, in accordance with Art. 4, authorize the importation, manufacture and sale of the drugs referred to in s. 1 and 3 which are used as active ingredients in authorized drugs. ⁹

⁸ The Federal Office of Public Health may grant exceptional authorisations for the use of the substances referred to in paras. 1 and 3 in the context of measures to combat abuse. ¹⁰

¹ Health professionals covered by the legislation on therapeutic products ¹ Who exercise their profession under their own responsibility within the meaning of the Medical Professions Act of 23 June 2006 ² And pharmacy pharmacy managers and hospital pharmacies may not obtain, hold, use and remit narcotic drugs under the Therapeutic Products Act. The cantonal provisions governing the direct delivery of narcotic drugs by doctors and veterinary medicines are reserved. ³

² The jurisdiction referred to in para. 1 extends to health professionals and university medical students who are authorized by the cantonal authority to replace a health professional in a university medical profession. ⁴

^{2 A} ... ⁵

³ The rights of professionals who do not practise their profession under their own responsibility are regulated by the Federal Council. ⁶

⁴ Cantons may limit the rights of dentists to certain narcotics.

⁵ In agreement with the Institute, the cantons set the standards applicable to foreign hospitals located in Switzerland.

¹ Medical doctors and veterinary doctors who practise their profession under their own responsibility within the meaning of the Medical Professions Act of 23 June 2006 ¹ Are authorized to prescribe narcotics. ²

² Foreign doctors and veterinary surgeons authorised to practice in Swiss border areas under an international arrangement may use and prescribe the narcotic drugs necessary for them in the exercise of their Profession in Switzerland. Their prescriptions must be carried out by a pharmacy in the border area. ³

³ The Federal Council lays down the additional requirements according to which a prescription issued by a foreign doctor or veterinary surgeon can be enforced in Switzerland.

¹ Physicians and veterinarians are required to use, remit, and ¹ Or prescribe narcotic drugs to the extent permitted by science.

^1bis Doctors and veterinary doctors who submit or prescribe narcotic drugs authorised as medicinal products for an indication other than the one admitted must notify the cantonal authorities within 30 days. Competent. At the request of the aforementioned authorities, they must provide all necessary information on the nature and purpose of the treatment. ²

² The s. 1 and 1 ^Bis Also apply to dentists in respect of the use and delivery of narcotics. ³

¹ The cantons may, for a specified time or on a final basis, deprive health professionals of the ¹ Who become addicted (addicts) or who violate s. 19 to 22 of the rights conferred by s. 9. ²

² Such a measure deploys its effects throughout the territory of Confederation.

³ Art. 54 of the Swiss Penal Code ³ Is reserved.

Pharmacists may only submit narcotic drugs to the public upon presentation of the prescription of a doctor or veterinary surgeon.

¹ Any hospital establishment may be authorized by the competent cantonal authority to acquire, hold and use narcotic drugs within the limits of its needs, if one of the persons referred to in s. 9 assumes responsibility for detention and use.

² The competent cantonal authority may authorise scientific research institutes to cultivate, acquire, hold and use narcotics within the limits of their own needs. ¹

³ Art. 8 is reserved. ²

¹ The Federal Council may authorize national or international organizations such as the Red Cross, the United Nations or their specialized agencies, as well as national institutions and authorities, such as the customs and the To obtain, import, hold, use, prescribe, surrender or export narcotics within the limits of their activity.

^1bis Under para. 1, the cantons may grant authorisations to cantonal and communal authorities, in particular to the police.

² The Federal Council and the cantons may withdraw the authorisation for a specified time or on a final basis, if special circumstances so require.

¹ A custodial sentence of up to three years or a pecuniary penalty shall be punished:

A.

The person who, without the right, cultivates, manufactures or otherwise produces narcotic drugs;

B.

The person who, without charge, stores, ships, transports, imports, exports narcotics or passes through transit;

C.

A person who, without any right, alienates or prescribes narcotic drugs, provides any other means to a third party or places them in commerce;

D.

The person who, without the right, owns, owns or acquires narcotic drugs or otherwise obtains drugs;

E.

The one that funds or acts as an intermediary for illicit drug trafficking;

F.

The person who, publicly, incites or reveals opportunities for the use of narcotic drugs;

G.

The person who takes action to commit any of the offences referred to in the let. A to f.

² The offender shall be punished with a custodial sentence of at least one year, which may be combined with a pecuniary penalty:

A. ²

If he or she knows or cannot ignore the fact that the offence can directly or indirectly endanger the health of many people;

B.

Acts as a member of a band formed to systematically engage in illicit drug trafficking;

C.

If it is engaged in traffic by trade and thus carries out a significant turnover or gain;

D.

If, by profession, it proposes, assigns or otherwise allows third parties to have access to narcotic drugs in training places mainly reserved for minors or in their immediate perimeter.

³ The court may freely mitigate the sentence:

A.

In the case of an offence under para. 1, let. G;

B.

In the case of an offence under para. 2, if the author is dependent and that the offence should have been used to finance his own drug use.

⁴ Also punishable under paras. 1 and 2 the one who commits the act abroad, is in Switzerland and is not extradited, provided that the act is also punishable in the country in which it was committed. The legislation of the latter is applicable if it is more favourable to the author. Art. 6 of the Penal Code ³ Is applicable.

It shall be punishable by a custodial sentence of up to three years or a pecuniary penalty which, without medical indication, proposes, presents or otherwise makes accessible to a person under 18 years of age.

1. A person who, without charge, has intentionally consumed narcotics or who has committed an offence under s. 19 to ensure its own consumption is liable to the fine ² .

2. In mild cases, the competent authority may suspend the proceedings or waive the imposition of a sentence. A reprimand can be pronounced.

3. It is possible to renounce criminal prosecution where the offender has already been subjected to, for the use of narcotic drugs, protective measures, controlled by a doctor, or whether he or she agrees to comply with it. The prosecution will be initiated, if it does not comply with these measures.

4. When the author is a victim of a drug dependency, the judge may order his or her return to a health care home. Art. 44 of the Swiss Penal Code ³ Is applicable by analogy.

¹ Those who merely prepare narcotic drugs in small quantities, for their own consumption or to allow third parties over 18 years of age to consume them simultaneously in common after having provided them free of charge, are not punishable.

² Ten grams of narcotics with cannabic-type effects are considered to be minimal. ²

The person who, intentionally, decides or attempts to decide someone to consume without the right of narcotic drugs is liable to the fine.

¹ A custodial sentence of up to three years or a pecuniary penalty shall be punished:

A.

The person submitting an application containing false information for the purpose of obtaining or obtaining authorization to import, transit or export;

B.

A person who, inside or outside Canada, is diverted from the place of destination of the drugs or substances under s. 3, para. 1, for which it has a Swiss export authorisation;

C.

The person who cultivates, manufactures, imports, exports, stores, uses or puts in the trade without authorization of the substances or preparations falling within the meaning of s. 7;

D.

Health care professionals ² Who use or submit narcotic drugs outside the prescribed circumstances of s. 11 or 13;

E.

The doctor or veterinary surgeon who prescribes narcotic drugs outside the prescribed circumstances of the art. 11.

² The offender shall be punished with a deprivation of liberty for at least one year if he or she is engaged in traffic by trade and thus carries out a high turnover or a significant gain. The custodial sentence may be combined with a financial penalty.

¹ It shall be punishable by a custodial sentence of up to three years or of a pecuniary penalty which, intentionally:

A.

Fails to make any required notifications to s. 11, para. 1 ^Bis , 16 and 17, para. 1, or to establish the prescribed delivery slips and control records, enter false indications or fail to record the required indications;

B.

Makes use of delivery slips or control records containing false or incomplete information.

² If the author acts by negligence, he shall be fined.

A fine shall be imposed on the person who, intentionally or negligently:

A.

Violates his duty of care as a person authorized to trade in narcotics;

B.

Contravens the provisions on advertising and information relating to narcotic drugs;

C.

Violates the obligation to store and store;

D.

Contravening a provision of the Federal Council or the relevant department whose violation is declared punishable, or contravening a decision mentioning the penalty provided for in this article.

¹ If an official responsible for enforcement of the law intentionally commits an offence within the meaning of s. 19 to 22, penalties are aggravated adequately.

² The official responsible for combating illicit trafficking in narcotic drugs which, for investigative purposes, accepts an offer of narcotic drugs is not punishable even if it does not reveal its identity and function. ²

¹ The illegal monetary benefits in Switzerland will also be acquired by the State when the offence has been committed abroad. Failure to do so within the meaning of s. 32 of the Code of Criminal Procedure of 5 October 2007 (CPP) ² , the canton in which the goods are located is competent for confiscation. ³

² The competent authorities shall ensure the safety of the narcotic drugs entrusted to them under this Law and shall provide for their recovery or destruction. ⁴

Failing the requirements of this Law, the general provisions of the Swiss Penal Code shall apply ¹ .

¹ Special provisions of the Penal Code ² And the provisions of the Act of 9 October 1992 on foodstuffs ³ Are reserved.

² The criminal provisions of the Customs Act of 18 March 2005 ⁴ And the Order of March 29, 2000, relating to the federal law governing value added tax ⁵ Not applicable in the case of importation, exportation or transit of illegal drugs according to Art. 19.

¹ The criminal prosecution is the responsibility of the cantons.

² Art. 6 and 7 of the Federal Act of 22 March 1974 on administrative criminal law ² Are also applicable in the case of criminal prosecution by the cantonal authorities.

³ Judgments, warrants of repression and order of classification made in the cases referred to in Art. 19, para. 2, must be immediately communicated to the Federal Police Office, in full dispatch, to the extent that the prosecution has requested a custodial sentence.

The offences referred to in s. 20 to 22 which are recognized in the field of execution of the Confederation by the competent federal authorities shall be prosecuted and judged by the competent federal authorities. The procedure is governed by the Federal Act of 22 March 1974 on administrative criminal law. ² .

¹ The offences referred to in s. 19 A , ch. 1, committed by the consumption of narcotic drugs having effects of cannabic type may be punished by a fine of order imposed in accordance with a simplified procedure (procedure relating to fines of order).

² The amount of the fine of order is 100 francs.

³ The offender's history and personal circumstances are not taken into account.

⁴ The product containing cannabis is seized when the fine of order is imposed.

The procedure for fines is not applied in the following cases:

A.

The offender consumes cannabis and simultaneously commits another offence against this or other laws;

B.

The offence was not detected by an officer of a competent police agency;

C.

The offence was committed by a minor.

The cantons designate the police bodies authorised to impose fines of order.

¹ The offender may pay the fine immediately or within 30 days.

² In the case of a cash payment, the offender receives a discharge.

³ If the offender does not pay the fine immediately, a 30-day cooling-off period is provided. The officer shall keep a copy, which shall be destroyed when the fine is paid within that period.

⁴ The product containing cannabis that was seized is deemed to be forfeited after the fine has been paid.

⁵ If the offender does not pay the fine within the time limit, the competent police body shall initiate the ordinary procedure.

¹ The release shall contain at least the following particulars:

A.

The name, first name and address of the offender;

B.

The appointment of the competent police authority;

C.

The date, time and place of use of the product containing cannabis;

D.

The offence committed;

E.

The amount of the amen;

F.

Description of the confiscated product;

G.

The date and place of the establishment of the discharge;

H.

The name and signature of the agent.

² The form for a cooling-off period contains the following information:

A.

The name, first name, date of birth, place of origin and domicile of the offender;

B.

The date on which it was delivered;

C.

The indication that, in the absence of payment within 30 days, the ordinary procedure will be initiated;

D.

The appointment of the competent police authority;

E.

The date, time and place of consumption of the product;

F.

The offence committed;

G.

The amount of the amen;

H.

Description of the seized product containing cannabis;

I.

The date and location of the preparation of the document;

J.

The name and signature of the agent.

³ A remittance slip is attached to the form providing for a cooling-off period.

No fees are charged in the event of the enforcement of the order fines procedure.

Once paid, the fine is res judiced, subject to s. 28 K .

If a non-resident offender in Switzerland does not pay the fine immediately, he or she must record the amount or provide other adequate security.

¹ Police agencies are required to inform the offender that he or she may refuse to comply with the order fines procedure.

² The ordinary criminal law and the procedural provisions of the Code of Criminal Procedure ² Are applicable if the offender refuses to comply with the order fines procedure.

If the judge finds a violation of s. 28 C , it cancels the fine and applies the ordinary procedure.

A fine of order may also be imposed in the ordinary procedure.

¹ The Confederation exercises high supervision over the enforcement of the law. ¹

² The Confederation exercises control under this Act at the borders of the country (import, export and transit) and in customs (federal warehouses and ports-francs).

³ The Confederation and the Cantons shall cooperate in the performance of their tasks under this Law and shall consult on the measures to be taken. They may involve other relevant organisations.

⁴ The Federal Council appoints a committee of experts to advise on addiction.

¹ The Federal Office of Public Health shall conduct the scientific assessment of the measures taken under this Act. It may transmit the data referred to in Art. 3 F , in anonymous form, to the Federal Statistical Office, which analyses and publishes them.

² At the end of the major evaluations, the Federal Department of the Interior draws up a report for the Federal Council and the relevant committees of the Federal Assembly, submitting proposals on the follow-up to this report.

³ The Federal Office of Public Health maintains a documentation, information and coordination service.

⁴ The Institute shall draw up the reports in accordance with international conventions.

¹ With regard to the fight against illicit drug trafficking, the Federal Police Office is carrying out 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 Criminal police of Confederation ¹ .

² The tasks of the Federal Police Office are as follows:

A.

To cooperate, within the limits of the provisions on mutual legal assistance and the practice followed in this field, in the fight by the authorities of other States against illicit trafficking in narcotic drugs;

B.

To collect information to prevent violations of this Act and to facilitate the prosecution of offenders;

C.

Establish contacts with:

1.

Interested offices in the federal government (Public Health Office, Customs Branch),

2. ²

Swiss Post,

3.

The Special Task Service (DFJP),

4.

Cantonal police authorities,

5.

The central offices of other countries,

6.

The International Criminal Police Organization (Interpol).

³ The customs and border guards report the offences under this Act to the Federal Police Office so that they are communicated to the foreign and international authorities; they also inform the cantons.

⁴ As regards mutual legal assistance, the provisions of the Code of Criminal Procedure of 5 October 2007 ³ Relating to the administration of evidence shall apply to criminal cases concerning narcotics.

¹ The Federal Council shall designate a national reference laboratory for research, information and coordination in the analytical, pharmaceutical and pharmaco-clinical fields relating to narcotic drugs and substances referred to in s. 2, 3, para. 1, and 7, para. 3.

² The Federal Council appoints a National Observatory for Addiction Problems. The task of this observatory is to collect, analyse and interpret statistical data. It collaborates with the cantons and international organisations.

³ The Confederation may entrust third parties with certain tasks in the field of research, information, coordination and monitoring of the addiction problems referred to in paras. 1 and 2.

¹ The cantons shall lay down the provisions necessary for the implementation of federal legislation and designate the authorities and offices responsible for the following tasks:

A.

To fulfil the obligations and responsibilities in the field of prevention, therapy and reintegration, risk reduction and survival assistance (chap. 1 A ), including the collection of advertisements for addiction or disorder-related disorders (art. 3 C );

B.

Grant authorisations (Art. 3 E , 14 and 14 A , para. 1 ^Bis );

C.

To collect the advertisements for the remission or prescription of narcotics for indications other than those provided for (art. 11, para. 1 ^Bis );

D.

Carry out the checks provided for (Art. 16-18);

E.

Initiating criminal proceedings (art. 28) and withdraw the authorization to trade in narcotic drugs (art. 12);

F.

To exercise supervision over the authorities and bodies mentioned in the letter. A to e and the accredited treatment and assistance institutions.

² The cantons may levy taxes in order to grant authorisations (Art. 3 E , 14, and 14 A , para. 1 ^Bis ), make specific decisions and carry out controls.

³ The cantons shall communicate their implementing provisions to the Federal Department of the Interior.

¹ The cantonal governments shall report regularly to the Federal Council on the implementation of this Law; they shall make the required data available (Art. 29 C , para. 2).

² The cantons communicate in good time to the Federal Office of the Police, in accordance with the provisions of the Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation ¹ , any criminal proceedings instituted as a result of an offence under this Act. As a general rule, this information is transmitted electronically or directly to the data processing systems of the Federal Police Office. The Federal Council regulates the modalities.