Narcotic drugs are substances and preparations listed in the annexes to the NarcA (in particular lists a to d of the BetmVV-EDI) that have addictive potential and a risk of abuse.

Prohibited narcotic drugs and psychotropic substances are not listed directly in the BetmG itself, but in the ordinances – in particular:

• Narcotics List Ordinance (BetmVV-EDI):

This list is updated regularly and includes the following well-known substances:

• Cannabis products (THC)

• Cocaine

• Heroin (diacetylmorphine)

• Methadone

• MDMA (ecstasy)

• Amphetamine / methamphetamine (crystal meth)

• LSD

• Psilocybin (magic mushrooms)

• GHB/GBL (so-called knockout drops)

Note: These lists are subject to constant change by the Federal Office of Public Health (FOPH). New synthetic drugs and research chemicals in particular are added on an ongoing basis. It is therefore important to always consult the current version of the BetmVV-EDI.

The classification of a substance as a narcotic has immediate criminal consequences. Anyone who deals in substances that are not listed may not be subject to the BetmG, but may be subject to other laws such as the Therapeutic Products Act (TPA) or chemical legislation.

In Switzerland, there are numerous substances that are not subject to the Narcotics Act but are nevertheless regulated or restricted by law. These regulations serve to protect health, young people, and consumers and can be found in particular in the Therapeutic Products Act (TPA), Foodstuffs Act (FSA), Chemicals Act, and Road Traffic Act (RTA).

1. Medicines with potential for abuse

These include benzodiazepines (e.g., diazepam, lorazepam) and so-called “Z drugs” such as zolpidem. These drugs are prescription-only and are subject to the Therapeutic Products Act (TPA). Their misuse – such as possession without a prescription or sale – is not punishable under the NarcA, but is very much a criminal offense (e.g., under the TPA or the SCC in the case of misuse/distribution to minors).

2. Herbal substances with psychotropic effects

Substances such as kratom, kava kava, and salvia divinorum are not generally prohibited in Switzerland, but are subject to the Foodstuffs Act (FSA), the Chemicals Ordinance (ChemO), or, if used for therapeutic purposes, the TPA, depending on the product. Their marketing or sale may be restricted or prohibited depending on how they are prepared.

3. Synthetic designer drugs (research chemicals)

So-called “legal highs” or new psychoactive substances (NPS) – such as 1P-LSD, 3-MMC, or HHC – are not covered by the NarcA until they are included in the narcotics lists. However, they are subject to chemicals law or other special regulations and can become legally problematic if misused or distributed.

4. Cannabidiol (CBD)

CBD products are only permitted in Switzerland if the THC content is below 1%. They are then not subject to the BetmG, but to the FSA, TPG (Tobacco Products Act) or TPA, depending on their intended use. As cosmetics or food supplements, they may not be advertised with claims of healing properties. Their sale to minors is prohibited in many cantons.

5. Nicotine products (e-cigarettes, snus)

Nicotine itself is not covered by the BetmG, but the sale and advertising of e-cigarettes, liquids, and snus are strictly regulated by the Tobacco Products Act and cantonal regulations. The protection of minors (minimum age 18) plays a particularly important role.

6. Alcohol

Alcohol is not considered a narcotic, but is regulated by the Alcohol Act and the Food Act. Possession and consumption by adults is permitted, but there are clear rules on advertising, sales, taxation and youth protection. Alcohol abuse in road traffic is punishable under the Road Traffic Act (RTA).

7. Caffeine

Caffeine, as a component of energy drinks, tablets, or concentrates, is also subject to the FSA. It is not a problem in commercially available quantities. However, highly concentrated products (e.g., caffeine powder) are subject to warnings and restrictions, especially regarding sale to young people.

8. Nitrous oxide (distick nitrogen monoxide, N₂O)

Laughing gas is freely available in cartridges (e.g., for cream dispensers), but is not covered by the BetmG. Its misuse (e.g., to induce intoxication) may be punishable by law depending on the situation, especially in road traffic or when administered to third parties.

9. Sniffing substances and solvents

Products such as acetone, hairspray, Tipp-Ex, and aerosols are occasionally abused for inhalation. These are not covered by the BetmG, but are subject to the Chemicals Act and product safety law. Their sale to minors may be punishable under administrative or criminal law.

10. Ritual plants and ethnomedical substances

Plants such as ayahuasca, peyote, and iboga contain psychoactive substances such as DMT or mescaline in their natural form. If these substances are present in effective concentrations, they fall under the BetmG—even if they are used for ritual or religious purposes. Otherwise, regulations under cultural property law, customs law, or the Therapeutic Products Act apply in some cases.

Note on current status

Many of these substances are dynamically regulated: new substances (especially synthetic ones) are regularly reviewed by the Federal Office of Public Health (FOPH) and added to the narcotics lists (BetmVV-EDI). A substance that is legal today may be banned tomorrow.

Anyone who does any of the following shall be punished with imprisonment of up to three years or a fine:

a. cultivates, manufactures, or otherwise produces narcotics without authorization;

b. stores, sends, transports, imports, exports, or transports narcotics without authorization;

c. sells, prescribes, otherwise procures for another person or places in circulation narcotics without authorization;

d. possesses, stores, acquires or otherwise obtains narcotics without authorization;

e. finances or arranges the financing of the illicit trade in narcotics;

[…]

Each of the prohibited acts is clearly defined in law:

Manufacturing: This includes any chemical or biological process that produces a new narcotic substance. This includes, in particular, the cultivation of cannabis plants, the synthesis of amphetamines, or the extraction of active ingredients. The mere drying and further processing of plant components may also fall under this category if this makes them suitable for consumption.

Storage: This refers to the deliberate and intentional keeping of narcotics in a specific place. This can be a basement, an apartment, a vehicle, or even a locker. The decisive factor is that the person concerned has actual control over the substances or has at least organized this.

Transporting: This refers to the physical transportation of narcotics, whether on foot, by bicycle, by car, by train, or by post. It is irrelevant whether the person transporting the narcotics knows the destination or purpose of the delivery, provided that there is intent.

Importing: This term refers to bringing narcotics from abroad into Switzerland. Importation can take place in luggage, hidden in vehicles, or by mail. Simply crossing the border with the substance is sufficient to constitute the offense.

Export: The opposite of import – bringing substances from Switzerland to another country. Here, too, crossing the border is decisive. This is often relevant for persons who transport substances across the border for third parties (so-called “couriers”).

Carrying through: Simply crossing Switzerland with narcotics, i.e., the transit of drugs through Swiss territory, for example, during international rail or air travel. Here too, no unloading or distribution within Switzerland is necessary.

Procuring: This means obtaining possession or control of a narcotic for oneself or a third party. The term is to be interpreted broadly: it can also include allowing others to have access.

Selling: Any transfer of narcotics in return for payment. The payment does not necessarily have to be in cash – barter transactions (e.g., narcotics in exchange for services or other goods) also fulfill this criterion.

Transferring: This refers to any transfer of a narcotic drug without payment. This also includes passing a joint among friends. The courts interpret this term very broadly.

Brokerage: This refers to facilitating contact between suppliers and buyers. Simply bringing two people together or establishing a connection is sufficient, regardless of whether the transaction is ultimately completed.

In practice, any of these acts is sufficient to constitute a criminal offense – a combination of several acts may result in a more severe penalty. The law enforcement authorities and courts therefore examine very carefully the role of the person concerned in the entire process.

Penalty: Imprisonment for up to three years or a fine. In cases of minor guilt or for first-time offenders, a suspended fine may be imposed.

1. Wer unbefugt Betäubungsmittel vorsätzlich konsumiert oder wer zum eigenen Konsum eine Widerhandlung im Sinne von Artikel 19 begeht, wird mit Busse96 bestraft.

2.  In leichten Fällen kann das Verfahren eingestellt oder von einer Strafe abgesehen werden. Es kann eine Verwarnung ausgesprochen werden.

3.  Untersteht oder unterzieht sich der Täter wegen Konsums von Betäubungsmitteln einer ärztlich beaufsichtigten Betreuung, so kann von einer Strafverfolgung abgesehen werden. Das Strafverfahren wird durchgeführt, wenn sich der Täter der Betreuung oder der Behandlung entzieht.

4.  Ist der Täter von Betäubungsmitteln abhängig, so kann ihn das Gericht in eine spezialisierte Einrichtung einweisen. […]

Hier geht es um Verstösse, die nicht auf Weitergabe oder Handel abzielen, sondern auf den persönlichen Konsum. Der Gesetzgeber sieht diese Taten als weniger schwerwiegend an. Deshalb handelt es sich um eine Übertretung und nicht um ein Vergehen oder Verbrechen.

In der Praxis betrifft Art. 19a BetmG typischerweise:

• das Mitführen von kleinen Mengen Cannabis, Kokain oder MDMA zum Eigengebrauch;

• den Anbau einzelner Cannabispflanzen zu Hause, ohne Verkaufsabsicht;

• gelegentlichen Erwerb für den eigenen Konsum bei Partys.

Ordnungsbussenregelung: Seit der Revision von 2013 kann der Besitz von weniger als 10 g Cannabis bei Erwachsenen mit einer Ordnungsbusse von CHF 100 geahndet werden (sofern keine weiteren Delikte vorliegen, wie etwa Konsum in der Öffentlichkeit oder Besitz gefährlicher Gegenstände).

Wichtig:

• Die Regelung gilt nicht für Minderjährige.

• Eine Ordnungsbusse führt nicht zu einem Strafregistereintrag.

Rechtsprechung und Praxis:

• BGer 6B_510/2016: Das Bundesgericht hält fest, dass die Ordnungsbussenregelung keine Anwendung findet, wenn gleichzeitig ein anderer Straftatbestand erfüllt ist.

• In den Kantonen Zürich, Bern und Aargau ist bekannt, dass auch unterhalb der 10g-Grenze Verfahren eingeleitet werden, wenn etwa Hinweise auf Weitergabe bestehen oder Wiederholungstäterschaft vorliegt.

Verteidigungshinweis: Im Zweifelsfall kann ein Nachweis über medizinische Nutzung oder die Darlegung persönlicher Umstände (z. B. Therapiebereitschaft) zu einer Verfahrenseinstellung führen.

1 Anyone who prepares only a small amount of a narcotic for their own use or who provides it free of charge to enable simultaneous and joint use by a person over the age of 18 is not punishable.

2 10 grams of a narcotic drug of the cannabis type are considered a small amount.

Art. 19b NarcA standardizes an exception to criminal liability: Anyone who only prepares a small amount of a narcotic drug for their own consumption or gives a small amount to an adult free of charge for joint consumption is not punishable. The provision clarifies that these preparatory acts are not punishable despite the general prohibition in Art. 19 NarcA. A “small amount” is specifically defined: 10 grams of cannabis are considered as such under paragraph 2. For other drugs, case law is decisive (in the case of cannabis, the Federal Supreme Court has confirmed the 10-gram limit). It is important to note that Art. 19b covers only preparatory acts – i.e., the purchase or carrying of the drug for later personal use – and not the consumption itself. Consumption and mere possession for personal use are not criminal offenses under the NarcA. As the Federal Supreme Court has clarified, the consumption of small quantities remains unpunishable; Art. 19b refers solely to preparatory steps for consumption that has not yet been carried out.

In contrast to Art. 19 NarcA (the general criminal offenses), Art. 19b does not create any new criminal offenses, but rather establishes exceptions. While Art. 19 para. 1 lit. d, for example, makes the unauthorized possession of any drugs a criminal offense, Art. 19b expressly exempts small-scale acquisition for personal use from punishment. The criminal proceedings also differ: in the case of preparatory acts involving small quantities, proceedings are often discontinued or only a fine is imposed, as there is no longer any interest in investigating the case. The Federal Supreme Court has repeatedly confirmed in its case law that Art. 19b also applies to young people – the mere possession of less than 10 g of cannabis remains non-punishable even for minors. In contrast, all acts that go beyond mere preparation (e.g., distribution for remuneration, larger quantities, or planning activities) are again subject to Art. 19.

Practical examples: Typical cases that fall under Article 19b include the purchase of a few grams of marijuana for personal use or the provision of a small amount of hashish for shared consumption with friends. Examples include:

• A brings a few grams of cannabis to a private party and smokes it with friends (joint consumption among adults, quantity < 10 g) – no criminal proceedings under Section 19b.

• B orders 0.3 g of cocaine from a dealer and takes the dose home for later personal use (small, consumable quantity, preparation for personal use) – not punishable.

• C gives a joint to an adult friend free of charge so that both can smoke at the same time (joint consumption of a small amount of cannabis) – not punishable.

The Narcotics Act provides for particularly severe penalties in Art. 19 para. 2 and 3 if a qualified form of the offense is committed. Of particular relevance in practice is commercial commission, but gang-related activities, the involvement of minors, and international offenses are also punished more severely.

Commercial nature (Section 19(2)(a) NarcA)

Conduct is considered commercial if the perpetrator intends to generate a significant, regular source of income from repeated criminal activity. The decisive factor here is not whether a high profit was actually made, but whether the perpetrator objectively intended to earn money on a long-term basis from drug trafficking (or production, import, etc.).

The Federal Supreme Court has repeatedly clarified that a high degree of organization or professionalism is not required for commercial activity to be assumed. It is sufficient if someone sells or trades several small quantities with the aim of generating income (see BGE 129 IV 253; BGer 6B_1186/2016). Even persons who supply small quantities of narcotics on a part-time basis or out of economic necessity over a longer period of time are acting commercially if this activity is intended to be repeated and generates significant turnover.

Penalty: Art. 19 para. 2 NarcA provides for a prison sentence of at least one year in such cases. This is therefore a felony that is only punished with a suspended sentence in exceptional cases. In addition, a qualified case may lead to pre-trial detention, house searches, and seizure of assets. However, the prosecuting authorities and courts take personal circumstances into account, especially in the case of first-time offenders or very young persons.

Further qualifying elements

In addition to commercial activity, Art. 19 para. 2 lists further circumstances that lead to a more severe penalty:

• Gang activity (lit. b): several persons have joined together to commit such offenses on a regular basis.

• Carrying weapons (lit. c): particularly serious, as there is a risk of violence.

• Involvement of minors (lit. d): when children or young people are used to commit the offense.

• Activity as a member of a criminal organization (lit. e): for example, in international drug trafficking.

Art. 19 para. 3 BetmG also contains a more severe penalty: anyone who seriously endangers the life or health of third parties through a qualified offense is also punished with at least one year's imprisonment. This includes, for example, the distribution of high doses of heroin, which can lead to death or severe poisoning.

Practical relevance: In criminal law practice, commerciality plays the most important role, as it can also apply to relatively small quantities. Typical examples include:

• Sale of 10g of cannabis in 30 individual portions with intent to make a profit

• Repeated trafficking of cocaine over a longer period of time

• Procurement and distribution of narcotics from abroad with intent to make a profit

No. As the accused, you have the right to refuse to make a statement. You are only required to provide your personal details. It is advisable to seek legal advice before making a statement.

Yes. Possession for personal use is also punishable (Art. 19a NarcA). However, this is considered a misdemeanor and can be punished with a fine. In many cantons, possession of less than 10g of cannabis is punishable by a fine of CHF 100.

The line is blurry. Suspicious stuff like having a lot of it, packing it in single doses, finding cash, or talking about selling it can be enough to think you're trying to sell it. It's all about looking at the whole picture.

If someone deals drugs regularly and repeatedly in order to earn an income, this is considered a commercial activity. This leads to a significantly higher penalty (minimum penalty: 1 year imprisonment).

Depending on the severity of the offense, penalties range from fines to 20 years' imprisonment. In serious cases (e.g., gang-related trafficking), suspended sentences are no longer possible.

Ja. Eine Verurteilung wegen eines Betäubungsmitteldelikts kann zur Landesverweisung führen (Art. 66a StGB), insbesondere bei gewerbsmässigem Handel oder Wiederholungstaten.

A house search is a coercive measure that is only permitted with a court order or in cases of imminent danger. You must tolerate this, but you have the right to consult a lawyer and remain silent.

Yes. Even establishing contact between a buyer and seller is considered a criminal offense under Art. 19 para. 1 NarcA.

Yes. Ongoing or successfully completed therapy can be taken into account as a mitigating factor. In certain cantons, proceedings are suspended or discontinued if the offender is actively willing to undergo therapy.

Absolutely. Even with smaller quantities, you could face a criminal record, administrative measures (e.g., loss of your driver's license), or consequences under immigration law. Getting legal help early on will really improve your chances of defending yourself.