Art. 19 NarcA from 2023
Art. 19 (1)
1 Any person who without authorisation:a. cultivates, produces or otherwise produces narcotic substances;b. stores, sends, transports, imports, exports or carries in transit narcotic substances,c. sells or prescribes narcotic substances, or otherwise procures for such substances for another or places such substances on the market;d. possesses, keeps, buys, acquires or otherwise obtains narcotic substances;e. finances the unlawful trade in narcotic substances or arranges its financing;f. publicly encourages the consumption of narcotic substances or publicly announces the opportunity to acquire or consume narcotic substances;g. makes preparations for any of the acts mentioned in letters a–f,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2 The offender shall be liable to a custodial sentence of not less than one year if he or she: (2) a. knows or must assume that the offence relates to a quantity of narcotic substances that could directly or indirectly endanger the health of a large number of people;b. acts as a member of a group that has been formed in order to trade unlawfully in narcotic substances;c. achieves a high turnover or substantial profit through commercial trading;d. offers, provides or otherwise makes available narcotic substances in educational institutions attended primarily by young persons or in the immediate vicinity of such institutions.
3 The court may at its discretion mitigate the penalty in the following cases:a. an offence under paragraph 1 letter g;b. an offence under paragraph 2, where the offender is dependent on narcotic substances and the offence was intended to finance his or her own consumption of narcotic substances.
4 The offender also commits an offence under the provisions of paragraphs 1 and 2 if he or she committed the offence abroad but is apprehended in Switzerland and is not extradited, provided the act is also an offence at the place of commission. If the law at the place of commission is more lenient, it shall be applied. Article 6 of the Criminal Code (3) applies.
(1) Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 ([AS 2009 2623], [2011 2559]; [BBl 2006 8573 ][8645]).
(2) Amended by No I 29 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 ([AS 2023 259]; [BBl 2018 2827]).
(3) [SR 311.0]
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
