1 The following narcotics may not be cultivated, imported, produced or placed on the market:37
- a.
- opium for smoking and the residues created in its production or use;
- b.
- diacetylmorphine and its salts;
- c.
- hallucinogens such as lysergide (LSD 25);
- d.38
- narcotics containing an effective concentration of cannabinoids, unless they are used for medical purposes.39
2 ...40
3 The Federal Council may prohibit the import, production and placing on the market of further narcotics if international agreements prohibit their production or the most important producer countries cease their production.41
4 Any stocks of prohibited narcotics must be transformed under the supervision of the relevant cantonal authority in to a legally-permitted substance or, if this is not possible, destroyed.
5 Unless it is prohibited under an international agreement, the Federal Office of Public Health (FOPH) may issue exceptional licences for cultivating, importing, producing and placing on the market narcotics:
- a.
- in accordance with paragraphs 1 and 3, where these narcotics are needed for scientific research, the development of medicinal products or for restricted medical use;
- b.
- in accordance with paragraph 1 letter d, provided these narcotics are used in scientific research.42
6 For the cultivation of a narcotic mentioned in paragraphs 1 letters a-c and 3 that is an active ingredient in an authorised medicinal product, an exceptional licence is required from the FOPH.43
7 For the import, production and placing on the market of a narcotic mentioned in paragraphs 1 letters a-c and 3 that is an active ingredient in an authorised medicinal product, a licence is required from Swissmedic in accordance with Article 4.44
8 The FOPH45 may grant exceptional licences, provided the substances mentioned in the paragraphs 1 and 3 are used in control measures.46