What changed in Swiss narcotics law in 2022, and what still appliesWhat changed in Swiss narcotics law in 2022, and what still applies

On 1 August 2022 Switzerland changed one sentence in its Narcotics Act, and with it the way medical cannabis is prescribed. This article explains what changed, what still applies and what it means in practice.

What changed in 2022

Article 8 paragraph 1 letter d of the Narcotics Act (BetmG) still prohibits cannabis, but only "where it is not used for medical purposes". Before the change, every treatment needed an exceptional authorisation from the Federal Office of Public Health (BAG). Between 2012 and 2019 the BAG issued about 15,000 of them.

Since August 2022 that step no longer exists. A licensed physician can prescribe medical cannabis directly, and the patient needs only a narcotics prescription. Cultivation, manufacture and trade moved to the licensing and control system of Swissmedic.

Which products count as narcotics

The line is drawn at 1 percent total THC. Cannabis for medical purposes with at least 1 percent total THC is listed in list a of the Narcotics Lists Ordinance (BetmVV-EDI), the same list as morphine and methadone. Products below 1 percent THC, such as most CBD products, are not narcotics under the BetmG.

How a narcotics prescription works

For substances in list a, the physician has to use the official narcotics prescription form, a numbered form that carries the physician's signature and stamp (Art. 46 and 47 BetmKV). The rules are strict:

• The prescription is valid for one month.
• The quantity may cover one month of treatment. Where the circumstances justify it, it may cover up to three months, and the exact duration is written on the prescription.
• The original paper form has to be physically at the pharmacy. The Association of Cantonal Pharmacists states that a digital transmission is not possible for list a and d substances.

In practice this means the physician sends the original prescription by post to the pharmacy you choose.

Reporting to the BAG

Physicians who treat patients with cannabis medicines record pseudonymised treatment data for the BAG (Art. 18f BetmG). This MeCanna data collection runs until 31 July 2029. Data is recorded at the first prescription, after the first and second year of treatment and at the end of treatment. It serves research on the use of cannabis medicines; your name is not transmitted.

What has not changed

Non-medical use remains prohibited and can be fined (Art. 19a BetmG). The cannabis pilot trials in some cities are time-limited, non-medical research projects under Art. 8a BetmG. They have nothing to do with a medical treatment.

And a prescription is never automatic. Whether a treatment is medically indicated is decided by the physician after an individual assessment. There is no entitlement to a prescription.

In our practice

Our physician Oxana Smagulova holds every consultation herself, decides individually and, where medically indicated, writes the prescription and records the MeCanna data. The official sources behind this article are collected on our page Legal framework and official sources.

This article is general information and not medical advice.