Can you get medical cannabis without a prescription?

Dispensing only on a medical prescription

Pharmacies may dispense narcotics to the public only on a medical prescription (Art. 13 BetmG). Medical professionals with a cantonal authorisation and the responsible managers of public or hospital pharmacies may obtain, store, use and dispense narcotics without a separate licence; cantonal rules on self-dispensing by physicians are reserved (Art. 9 para. 1 BetmG).

The form of the prescription is also fixed. 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. Because cannabis for medical purposes is listed in Verzeichnis a, cannabis medicines with at least 1.0 percent total THC are prescribed on the narcotics prescription form (Art. 46 para. 2 and 3 BetmKV). The Federal Office of Public Health (BAG) states in its FAQ: cannabis medicines are prescribed by physicians on a narcotics prescription. Who may issue it is explained under who may prescribe, and how long it is valid under validity and quantity.

Where the 1 percent limit lies

The line is drawn by the Narcotics Lists Ordinance (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). According to the Federal Supreme Court, total THC is the sum of THC and THC carboxylic acid (THCA) (BGE 145 IV 513).

Products below this limit are not narcotics. Handling cannabis and cannabis preparations with a total THC content below 1.0 percent needs no authorisation from the BAG, but other laws apply depending on the product category, for example therapeutic products, food or tobacco products law (BetmVV-EDI Annex 1; factsheet on products with cannabidiol, version 8.0). Which law applies to which product is explained on the page Is CBD legal in Switzerland?

Outside medical use

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 is prohibited (Art. 8 para. 1 let. d and Art. 19 para. 1 let. a to d BetmG).