Drug Offenses

Under the Turkish Penal Code, drug and stimulant offenses fall into two main groups that carry very different sanctions: acts committed for personal use, and acts directed at society, such as trafficking or manufacturing. Because the same quantity of a substance can be placed in one group or the other depending on the circumstances of the case, working with a drug crimes lawyer from the very start of the investigation is important for ensuring that the offense is correctly characterized.

On this page, we explain the difference between TCK Art. 188 and Art. 191, how the proceedings unfold, the options of effective remorse and deferral, and the points that require attention in the defense.

Possession for Personal Use (TCK Art. 191)

Under TCK Art. 191, a person who purchases, accepts, possesses, or uses drugs or stimulants for personal use is punished with imprisonment from two to five years. In this offense, the legislator has prioritized treatment and supervision over punishment. Accordingly, under TCK Art. 191/2, in an investigation initiated for this offense, a decision is made to defer the filing of the public prosecution for five years without requiring the conditions set out in CMK Art. 171; during the deferral period, the person is placed under a probation measure for a minimum of one year and, if necessary, is required to undergo treatment.

If the person persistently fails to comply with the obligations during the deferral period, or uses the substance again or possesses it for use, a public prosecution is filed. If the obligations are met, the file concludes with a decision of non-prosecution. However, in investigations initiated on the allegation that the same offense was committed again after a public prosecution has been filed in this way, a new deferral decision cannot be made.

Drug Manufacturing and Trafficking (TCK Art. 188)

TCK Art. 188 contains the most severe sanctions relating to drugs. Manufacturing, importing, or exporting the substance without a license or in violation of a license requires imprisonment from twenty to thirty years under TCK Art. 188/1. Acts such as selling within the country, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting, or possessing are punished under TCK Art. 188/3 with imprisonment of not less than ten years.

The law also provides for aggravating circumstances that increase the penalty depending on the type of substance, whether the offense is committed near places such as schools or dormitories, and whether it is carried out within the scope of organizational activity. Charges of this gravity are heard before a High Criminal Court.

Use or Trafficking? The Factors That Determine the Distinction

The most debated issue in practice is whether the seized substance was held for personal use or to be given to others. The law sets no fixed limit in grams; courts look at the case as a whole. The following factors are generally taken into account in the assessment:

• The quantity, purity, and variety of the seized substance
• Whether the substance was packaged ready for sale
• The presence of items such as precision scales and packaging materials
• Forensic medical reports on whether the person is a drug user
• Phone messages, money transfers, and witness statements
• Records of physical surveillance, searches, and seizure procedures

An accusation based solely on quantity, if not supported by other evidence, should be challenged in detail by the defense. Medical documents and treatment records showing that the person is a user may also carry weight in this assessment.

When several people are present in the same home or vehicle, determining who the substance belongs to is a separate matter of dispute. A substance found in a shared space cannot automatically be attributed to everyone present; possession and knowledge must be established separately for each person. Similarly, the situation of a user alleged to have obtained a substance for a friend must be examined carefully within the use-versus-trafficking distinction, since giving to another person is among the acts counted as trafficking under the law. For this reason, how the incident developed, who played which role, and what the witnesses saw must all be evaluated in detail.

The Possibility of Effective Remorse (TCK Art. 192)

TCK Art. 192 contains an effective remorse provision specific to drug offenses. A person who, before the authorities become aware of the offense, reports the other accomplices and the places where the substance is hidden or manufactured will not be punished if the information provided leads to the capture of the accomplices or the seizure of the substance. If, after the authorities have become aware, a person voluntarily assists in uncovering the offense and capturing the perpetrators, the penalty is reduced by one-quarter to one-half depending on the nature of the assistance. The voluntary application of users to the authorities for treatment is also separately regulated.

When, how, and with what content an effective remorse statement is made can have serious consequences for the person's safety and the course of the case. This decision should be made together with a lawyer, with knowledge of the contents of the file and after weighing all possible consequences.

Points to Watch During the Investigation Stage

1. Lawfulness of the search: A search of a home, vehicle, or person requires a judge's order or, in urgent cases where delay would be harmful, a written order from the competent authority. The consequences of a search conducted in violation of procedure should be discussed.
2. Statement: You have the right to have a lawyer present when giving a statement to law enforcement. Statements made in haste may later be used against you in determining the characterization of the offense.
3. Forensic examination: The type and net quantity of the seized substance are determined by a forensic report; the report can be challenged.
4. Communication records: The decision on which wiretap recordings are based and how their contents are interpreted must also be examined separately.

The Role of a Drug Crimes Lawyer

The lawyer works to ensure the correct characterization of the offense by examining search and seizure records, forensic reports, wiretap recordings, and witness statements. If pretrial detention has been ordered, the lawyer prepares objections and release requests, and during the prosecution stage requests that evidence in the client's favor be collected. After the judgment, the lawyer follows the appeal and cassation processes; if the conviction becomes final, the consequences of the criminal record must also be assessed. For other areas of criminal law, you can visit our Criminal Law page.

Our Firm's Support

In drug charges, we handle defense for suspects and defendants from the statement stage through appellate review. Every case is unique; it would not be right to predict an outcome without concretely assessing the seized substance, the evidence, and the person's circumstances.