Switzerland and Germany compared: the legal situation

Switzerland and Germany regulate medical cannabis in different ways. This article compares the two legal frameworks, for example for German citizens living in Switzerland.

At a glance

• Legal status: in Switzerland, a controlled narcotic; in Germany, no longer a narcotic since 1 April 2024.
• Prescription: in Switzerland, the numbered paper narcotics prescription (Betäubungsmittelrezept); in Germany, a normal prescription, electronic (E-Rezept) or on paper form Muster 16 as a fallback.
• Who may prescribe: in Switzerland, physicians who practise under their own professional responsibility; in Germany, physicians only, not dentists or veterinarians.
• Pharmacy: in Switzerland, according to the cantonal pharmacists (KAV), the original paper form must be at the pharmacy; in Germany, only pharmacies dispense to end users, on presentation of the prescription.

Legal status

Switzerland. Since 1 August 2022, the Narcotics Act (BetmG) prohibits the cultivation, import, production and placing on the market of cannabis only insofar as it is not used for medical purposes (Art. 8 para. 1 let. d BetmG). Cannabis for medical purposes is therefore not prohibited, but it remains a controlled narcotic subject to all control measures (list a, Verzeichnis a). Any licensed Swiss physician may prescribe medical cannabis where medically indicated; no exceptional authorisation from the Federal Office of Public Health (BAG) is required (Art. 8 para. 5 let. b BetmG). The planned Cannabis Products Act (CanPG), a preliminary draft, does not change this (see our article on the planned CanPG).

Germany. The Medical Cannabis Act (Medizinal-Cannabisgesetz, MedCanG) has been in force since 1 April 2024. Cannabis for medical purposes was removed from the German Narcotics Act (Betäubungsmittelgesetz, BtMG) and, according to the Federal Institute for Drugs and Medical Devices (BfArM), is no longer a narcotic (§§ 1 and 2 MedCanG).

Prescription forms

Switzerland. Controlled substances of lists a and d must be prescribed on the official narcotics prescription form (Art. 46 para. 2 and 3 BetmKV). The forms are consecutively numbered and carry a barcode, so that pharmacies can check whether a form is valid or blocked; Swissmedic supplies them to the cantons, which pass them on to physicians entitled to prescribe (Art. 47 para. 5 BetmKV; Swissmedic notice of 8 November 2017). The prescription names the physician, the patient and the medicine, and the physician signs it (Art. 47 para. 1 and 4 BetmKV).

• A narcotics prescription is valid for one month (Art. 47 para. 2 BetmKV); cantonal practice for longer treatment periods varies.
• The quantity may not exceed the need for one month of treatment. Where the circumstances justify it, it may cover up to three months, and the physician then states the exact duration of the treatment on the prescription (Art. 47 para. 3 BetmKV). Details: validity and quantity.

Germany. Medical cannabis is prescribed on a normal prescription (§ 3 MedCanG). According to the Association of Statutory Health Insurance Physicians in Mecklenburg-Vorpommern (KVMV, information of 3 April 2024), this has been an electronic prescription (E-Rezept) since 1 April 2024, with paper form Muster 16 as a fallback.

Who may prescribe

Switzerland. Physicians who practise under their own professional responsibility within the meaning of the Medical Professions Act (MedBG) are authorised to prescribe narcotics. Physicians who do not may prescribe only within the powers of their employment and under the supervision of an authorised colleague (Art. 10 para. 1 BetmG; Art. 45 BetmKV).

Germany. Medical cannabis may be prescribed only by physicians, not by dentists or veterinarians (§ 3 MedCanG).

At the pharmacy

Switzerland. According to the Association of Cantonal Pharmacists (KAV), the white original and the pink copy of the narcotics prescription must be physically present at the pharmacy when the medicine is dispensed; digital transmission is not possible for lists a and d, and sending the prescription by e-mail, messenger service or fax is not allowed. The original may be handed or posted to the patient or, with documented consent, posted directly to a pharmacy of the patient's choice. This is the position of the cantonal enforcement authorities (KAV position paper 0025), not federal law; see how the prescription reaches the pharmacy.

The prescription becomes the property of the person for whom it was issued, who remains free to choose where to fill it. Prescribers must not influence that choice if they derive a material benefit from it (Art. 26 para. 2bis let. b and para. 3 HMG).

Germany. Medical cannabis may be dispensed to end users only by pharmacies, against presentation of the prescription (§ 3 MedCanG).

The German bill: a draft, not in force

On 8 October 2025 the German Federal Cabinet adopted a bill to amend the MedCanG (Bundestag printed paper 21/3061 of 3 December 2025). Under the bill:

• cannabis flowers could be prescribed only after personal contact between patient and prescribing physician, in the practice or during a home visit;
• follow-up prescriptions without new personal contact, for example by telemedicine, would be allowed only if a prescription after personal contact had been issued within the last four quarters;
• mail-order dispensing of flowers to end users would be prohibited.

The Health Committee of the Bundestag held a public hearing on 14 January 2026. When we checked on 20 October 2026, the bill had not entered into force: the MedCanG in force was unchanged since 20 June 2024, and the trade press (Pharmazeutische Zeitung, 24 September 2026) reported that the bill was stalled in parliament. Check the current status before relying on it. The bill concerns German law only.

Related articles

See also moving to Switzerland with an existing treatment, travelling with prescribed narcotics and health insurance and cost approval.

In our practice

Our physician Oxana Smagulova works under Swiss law, and our practice does not offer cross-border prescriptions. Whether treatment is an option is decided individually by the physician during the consultation. There is no entitlement to a prescription; the physician decides on the basis of the medical assessment. The official Swiss sources are collected on our page Legal framework and official sources.

This article is general information and not legal advice. We do not advise on foreign law.