Cannatherapy

Questions

Physicians who practise under their own professional responsibility are authorised to prescribe narcotics and, since 1 August 2022, can prescribe medical cannabis where medically indicated without an exceptional authorisation from the Federal Office of Public Health (BAG) (Art. 10 para. 1 and Art. 8 para. 5 let. b BetmG). Practising under one's own professional responsibility requires a licence from the canton (Art. 34 para. 1 MedBG).

Physicians practising under their own professional responsibility

The Narcotics Act authorises physicians who practise under their own professional responsibility, within the meaning of the Medical Professions Act (MedBG), to prescribe narcotics. Physicians who do not practise under their own professional responsibility 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).

Since 1 August 2022, physicians can 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). Neither the Narcotics Act nor the Narcotics Control Ordinance (BetmKV) requires a particular field of medicine for prescribing cannabis medicines; practising under one's own professional responsibility does, however, require a federal postgraduate title (Art. 36 MedBG).

Because cannabis for medical purposes is listed in Verzeichnis a, cannabis medicines with at least 1.0 percent total THC are prescribed on the official narcotics prescription form (Betäubungsmittelrezept) (Art. 46 para. 2 and 3 BetmKV).

A licence from the canton

Practising a university medical profession under one's own professional responsibility requires a licence from the canton in whose territory the profession is practised: the licence to practise (Berufsausübungsbewilligung) (Art. 34 para. 1 MedBG).

The official forms also come through the canton. Swissmedic supplies the official narcotics prescription forms to the cantons against payment, and the cantons pass them on to physicians entitled to prescribe; physicians order the pads from their cantonal health authority, not from Swissmedic (Art. 47 para. 5 BetmKV; Swissmedic notice of 8 November 2017). The sets are numbered consecutively and carry a barcode next to the prescription number, so that pharmacies can check whether a form is valid or blocked (Swissmedic notice of 8 November 2017). According to the Association of Cantonal Pharmacists (KAV), only physicians with a valid licence to practise and activity in the canton receive these pads (KAV position paper 0025). How long a narcotics prescription is valid is explained under validity and quantity.

Duty of care and supervision

Physicians may use, dispense and prescribe narcotics only to the extent required by the recognised rules of medical science (Art. 11 para. 1 BetmG); prescribing otherwise is a criminal offence (Art. 20 para. 1 let. e BetmG). According to the BAG, therapeutic freedom is safeguarded, and responsibility for treatment with cannabis medicines lies exclusively with the treating physicians.

Supervision is a cantonal matter. According to the BAG, cantonal physicians supervise compliance with the medical duty of care and can, in extreme cases, withdraw a licence to practise. Cantons can also restrict the use of medicines exempt from authorisation within their enforcement powers (Art. 12 BetmG, Art. 41 MedBG).

In our practice

Consultations at Cannatherapy are held by our physician Oxana Smagulova, who is licensed in Switzerland. Whether treatment is an option is decided individually by the physician during the consultation. You can read more about her on the page our physician.

There is no entitlement to a prescription; the physician decides on the basis of the medical assessment.

General information, not legal advice. It does not replace a medical consultation.

Take your time to decide. The free information call covers the process, the legal situation and the costs.

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