Swiss Narcotics Act — cannabis articles explained

Art. 8 — what is a narcotic?

NarcA Art. 8 bans certain substances with medical, scientific and industrial exceptions. Cannabis is on annex 6 of BetmVV-EDI, but only above 1% total THC.

Practice: CBD hemp <1% THC = not a narcotic, freely tradeable.

Art. 19 — trafficking & serious case

Art. 19 para. 1: manufacture, import/export, trade, brokerage — up to 3 years.

Art. 19 para. 2 (serious case): large quantity (~4 kg pure THC), gang, professional — up to 20 years.

Art. 19a & Art. 28b — consumption

Art. 19a: consumption = misdemeanour, fine CHF 200–1,000.

Art. 28b (2013): fixed fine up to 10 g, adult, personal use → CHF 100, no proceedings.

Art. 8a — pilot projects

In force since May 2021, allows time-limited scientific trials. Basis for projects in Zurich, Bern, Basel, Lausanne, Geneva, Lucerne, Winterthur. Limited until 2031.

Sentencing bands — what is actually imposed?

Sanctions under NarcA vary widely by quantity, role and prior record. The bands below reflect Federal and Cantonal Court practice 2023–2025 (cannabis only, no cumulation with other narcotics):

• Consumption up to 10 g, personal use → CHF 100 fixed fine (Art. 28b), no criminal record entry.

• Consumption > 10 g or outside fixed-fine → Art. 19a misdemeanour, fine CHF 200–1,000, VOSTRA extract for authorities.

• Cultivation/small-scale trafficking (up to ~100 g) → 30–90 day-fines suspended, plus fine CHF 300–2,000 (Art. 19 para. 1).

• Mid-scale trafficking (100 g – 4 kg pure-THC equivalent) → 90–180 day-fines or custodial sentence up to 18 months, often suspended for first offenders.

• Serious case (Art. 19 para. 2, from ~4 kg THC, gang, professional) → custodial sentence 1–20 years, unsuspended from 2 years.

For repeat offenders the day-fine amount and execution mode step up sharply. See the cannabis penalties hub for details.

Cantonal enforcement variance — where are checks toughest?

Although NarcA is federal law, cantons decide on control density and fixed-fine practice. Patterns from 2023/2024 statistics:

• German-speaking Switzerland (Zurich, Bern, Aargau, St. Gallen): high control density in public space, systematic fixed fines — Zurich issues ~7,500 fines per year (FSO, Zurich Cantonal Police).

• Basel-Stadt: more pragmatic, Weed Care context softens enforcement in the study perimeter.

• Romandy (Geneva, Vaud, Neuchâtel): lower control density, warnings more common than fines — Geneva ~2,800 fines/year despite comparable prevalence.

• Ticino: strict practice, notably at the Italian border.

• Central Switzerland (Lucerne, Zug, Schwyz): medium density but above-average sentences for trafficking.

Important for driving licences: from 1.5 μg/l THC in blood (Art. 2 TSO), all cantons impose licence withdrawal — duration ranges 1–6 months. Per-canton details in the cantonal tracker.

Outlook

2023 motion for a regulated market adopted. Federal Council announced draft in 2024. Entry into force: 2028 at earliest.

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