Is medical cannabis legal in Switzerland?

What changed on 1 August 2022

Since 1 August 2022, the Narcotics Act (BetmG) has prohibited 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 no longer a prohibited narcotic. It remains a controlled narcotic, subject to all control measures.

Physicians can now prescribe cannabis medicines, where medically indicated, without an exceptional authorisation from the Federal Office of Public Health (BAG) (Art. 8 para. 5 let. b BetmG). According to the BAG, such an authorisation is needed only for research with cannabis outside the medical field; medical research with cannabis needs a licence from Swissmedic. Our article on the 2022 change in the law explains the background.

A controlled narcotic in Verzeichnis a

Where the line lies is set by the Narcotics Lists Ordinance of the Federal Department of Home Affairs (BetmVV-EDI). Hemp plants or parts of them with an average total THC content of at least 1.0 percent count as cannabis, as do all objects and preparations with at least 1.0 percent total THC or made from such hemp. Cannabis for medical purposes and pharmaceutical production is listed in Verzeichnis a, the list of controlled substances subject to all control measures. Cannabis for other purposes is listed in Verzeichnis d, the list of prohibited substances (Art. 2 para. 1 BetmVV-EDI with Annexes 1, 2 and 5).

Being listed in Verzeichnis a has concrete consequences:

• Prescribing: for controlled substances of Verzeichnisse a and d, the official narcotics prescription form (Betäubungsmittelrezept) must be used; a simple prescription is enough only for Verzeichnisse b and c (Art. 46 para. 2 and 3 BetmKV).
• Dispensing: pharmacies may dispense narcotics to the public only on a medical prescription (Art. 13 BetmG).
• Cultivation, manufacture and trade: these are subject to the licensing and control system of Swissmedic. Anyone who cultivates, manufactures, processes or trades narcotics needs a Swissmedic licence, every import and export needs a permit, and each cultivation also needs an individual cultivation licence (Art. 4 para. 1 and Art. 5 para. 1 BetmG, Art. 22a and 22b BetmKV).
• Responsibility: according to the BAG, therapeutic freedom is safeguarded and responsibility for the treatment lies exclusively with the treating physicians. Narcotics may be prescribed only to the extent required by the recognised rules of medical science (Art. 11 para. 1 BetmG).

What remains prohibited

Outside medical use and authorised pilot trials, cultivating, producing, storing, transporting, importing, selling or otherwise supplying cannabis with at least 1.0 percent total THC remains prohibited (Art. 8 para. 1 let. d and Art. 19 para. 1 let. a to d BetmG).

That medical cannabis is legal does not mean it is prescribed automatically. Whether treatment is an option is decided individually by the physician during the consultation. The official texts behind this page are collected under legal framework and official sources.