Narcotics Act (Switzerland)

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Basic data
Title: Federal law on narcotics and psychotropic substances
Short title: Narcotics Act
Abbreviation: BetmG
Type: Federal law
Scope: Switzerland
Legal matter: Administrative law
Systematic
legal collection (SR) :		 812.121
Original version from: October 3, 1951
Entry into force on: June 1, 1952 ( AS 1952 241)
Effective date of the
last change:		 1st May 2017
Please note the note on the applicable legal version.

The “Federal Act on Narcotics and Psychotropic Substances ” ( Narcotics Act , BetmG, SR 812.121) was passed on October 3, 1951 and came into force on June 1, 1952. It is one of the subsidiary laws to the Swiss Criminal Code . In the federal referendum of November 30, 2008, the Swiss population clearly approved a partial revision of the Narcotics Act (68 percent yes). This u. a. the four-pillar policy ( prevention , therapy , harm reduction, repression) and heroin-assisted treatment are enshrined in law. The revised Narcotics Act came into force on July 1, 2011.

content

  • Chapter 1: General Provisions (Art. 1–3)
  • 1a. Chapter: Prevention, Therapy and Harm Reduction (Art. 3b-3l)
  • Chapter 2: Manufacture, dispensing, procurement and use of narcotic drugs (Art. 4–14a)
  • Chapter 3: Control (Art. 16-18)
  • 3a. Chapter: Data protection under the Schengen Association Agreement (Art. 18a-18c)
  • Chapter 4: Criminal Provisions (Art. 19-28l)
  • Chapter 5: Tasks of the Cantons and the Confederation (Art. 29-29e)
  • Chapter 6: Final Provisions (Art. 30–37)

Ordinances to the BetmG

The ordinance law for the BetmG was redesigned on July 1, 2011. The previous six ordinances and two Federal Council resolutions have been divided into two Federal Council ordinances and one ordinance of the Federal Department of Home Affairs (FDHA) :

The BetmVV-EDI divides the controlled substances into different directories:

  • Complete list of controlled substances in lists a – d
  • Directory a (controlled substances that are subject to all control measures)
  • Directory b (controlled substances, some of which are excluded from the control measures)
  • Directory c (controlled substances that may be contained in preparations in reduced concentrations and are in some cases excluded from the control measures)
  • Directory d (Prohibited Controlled Substances)
  • Directory e (raw materials and products with suspected narcotic-like effects according to Art. 7 Para. 1 BetmG, which are subject to the control measures for narcotics in directory a)
  • Directory f (precursor substances subject to control)
  • Directory g (auxiliary chemicals subject to control)

Enforcement in the military

All enlisting recruits have to sign an "agreement" in which they confirm that they will not consume any narcotics during their entire service period. This act is primarily of an educational nature. Its legal significance is limited to the subsequent exclusion of any errors in the prohibition .

Violations of the BetmG in the military area are rarely judged by the military justice system : minor cases must be punished by the troop commander ; serious cases remain outside of the military jurisdiction and are therefore prosecuted by the civil criminal authorities (Art. 218 para. 4 MStG ).

literature

  • Peter Albrecht: The criminal provisions of the Narcotics Act (Art. 19-28 BetmG). 3. Edition. Stämpfli. Bern 2016. ISBN 978-3-7272-2575-8
  • Gustav Hug-Beeli: Narcotics Act (BetmG). Helbing Lichtenhahn. Basel 2015. ISBN 978-3-7190-3682-9
  • Thomas Fingerhuth, Stephan Schlegel, Oliver Jucker: BetmG Comment. 3. Edition. Orell Füssli, Zurich 2016. ISBN 978-3-280-07271-4

Web links

Individual evidence

  1. ^ The revised Narcotics Act. Website BAG. Retrieved September 8, 2011 .
  2. ↑ Changes in the narcotics legislation on July 1st, 2011. Swissmedic website. Archived from the original on September 18, 2015 ; Retrieved September 8, 2011 .