The Difference Between Drug Use/Possession and Drug Trafficking Offences in Turkey

Drug offences form a broad category covering acts of varying severity, from personal use to manufacture and trafficking; the distinction between use and trafficking fundamentally changes the applicable sanction.

The Offence of Possession for Use

Under Article 191 of Turkish Criminal Code No. 5237 (TCK), a person who purchases, accepts, or possesses narcotic or stimulant drugs for the purpose of use, or who uses such drugs, is punished with two to five years' imprisonment. For this offence to be established, the perpetrator's purpose must be personal use, and the quantity possessed must not exceed the limits of personal consumption.

The Offence of Drug Trafficking

Under Article 188 of the TCK, a person who manufactures, imports, or exports narcotic or stimulant drugs without a licence or in violation of one is punished with twenty to thirty years' imprisonment; a person who sells, offers for sale, gives to others, dispatches, transports, stores, purchases, accepts, or possesses such drugs within the country is punished with imprisonment of not less than ten years.

Criteria for Distinguishing Use From Trafficking

According to Court of Cassation case law, this distinction is assessed based on a combination of factors: the quantity of the substance seized, its location and form (such as being divided into multiple small packages), whether the perpetrator is an established user, the presence of evidence pointing to trafficking such as precision scales or packaging materials, and the perpetrator's financial situation.

Differences in Trial Procedure

The offence of possession of drugs for use falls within the jurisdiction of the criminal court of first instance; where committed for the first time, the initiation of public proceedings may be deferred, and treatment and probation measures may be applied. Drug trafficking is heard before the heavy penal court, and treatment-focused deferral is not available.

Effective Repentance

Under Article 192 of the TCK, if the perpetrator reports their accomplices and the places where the drugs were obtained or dispatched to the authorities before this becomes known to the authorities through other means, a reduction in penalty or a complete removal of penalty may apply, in proportion to the accuracy of the information provided; this provision applies to both the use and trafficking offences.

Practical Recommendations

If you are facing an investigation related to drugs, always consult a criminal defence lawyer before giving a statement; correctly assessing every piece of evidence entering the file (quantity, packaging, witness statements) is directly decisive in determining the boundary between use and trafficking, and thus the outcome of the case.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.