The basic penalty for drug trafficking is imprisonment of not less than ten years and a judicial fine of one thousand to twenty thousand days (Turkish Criminal Code (TCK) art. 188(3)). If the drug is methamphetamine, a synthetic cannabinoid (bonzai), heroin or cocaine, the penalty is increased by half and becomes at least fifteen years. If the drug was sold or given to a child, the penalty likewise cannot be less than fifteen years.
Which acts count as “trafficking”?
The law takes a broad view of “trafficking”. Doing any of the following with drugs without a licence:
- selling or offering for sale,
- giving to another person (including giving free of charge),
- dispatching, transporting or storing,
- buying, accepting or possessing for the purpose of sale,
constitutes the same offence. This is why giving a small amount to a friend, or carrying a package on someone else’s behalf, can fall under TCK art. 188(3).
Bringing drugs in from abroad or producing them (manufacture, import, export) is a separate and more serious form. The penalty is twenty to thirty years’ imprisonment (TCK art. 188(1)).
Aggravating circumstances
| Circumstance | Consequence |
|---|---|
| The drug was given or sold to a child | Penalty at least 15 years (art. 188(3)) |
| Heroin, cocaine, morphine, base morphine, synthetic cannabinoids (bonzai), synthetic cathinones, synthetic opioids, amphetamine and its derivatives (including methamphetamine) | Penalty increased by half (art. 188(4)(a)) |
| In public places within 200 metres of places such as a school, dormitory, hospital, barracks or place of worship | Penalty increased by half (art. 188(4)(b)) |
| Together with three or more persons | Penalty increased by half (art. 188(5)) |
| As part of the activities of a criminal organisation | Penalty doubled (art. 188(5)) |
| The offender is a member of a health profession such as a doctor, pharmacist or nurse | Penalty increased by half (art. 188(8)) |
Since cannabis (hemp) is not on this list, the increase under subparagraph (a) does not apply to cannabis trafficking.
You can see the possible sentence range in a specific case with our drug offence sentence calculator.
How are personal use and trafficking distinguished?
This is the main dispute in most files. The Court of Cassation (Yargıtay) looks together at the quantity, the packaging, findings such as precision scales and cash, phone messages, and whether the person is a user. If there is no concrete evidence of sale for a quantity within the personal-use range, the act counts as possession for personal use (TCK art. 191). We explain the details in our article on the difference between personal use and trafficking.
If, in a case brought for trafficking, it becomes clear that the act was only personal use, a decision is given to defer the announcement of the verdict (HAGB) for the defendant under the provisions of TCK art. 191 (TCK art. 191(8)).
Which court hears the case? Is a lawyer mandatory?
- Offences carrying more than ten years’ imprisonment are heard by the high criminal court (ağır ceza mahkemesi) (Law on the Establishment, Duties and Jurisdiction of First-Instance Courts and Regional Courts of Appeal of the Ordinary Judiciary art. 12).
- For offences with a minimum penalty of more than five years’ imprisonment, defence counsel is mandatory; a lawyer is appointed without waiting for the suspect to ask (Code of Criminal Procedure (CMK) art. 150(3)).
- This offence is one of the catalogue offences for pre-trial detention. We cover this in our article on detention and objections.
Ways to reduce or remove the penalty
- Effective repentance: if the person reports the accomplices and the location of the drugs before the authorities learn of the offence, and this information leads to their capture, no penalty is imposed. If the person voluntarily helps after the authorities have learned of it, the penalty is reduced by one quarter up to one half (TCK art. 192). Details
- Unlawfully obtained evidence: drugs seized in a search carried out without a search order, or under the wrong type of order, cannot be used as the basis of the judgment. Details
How many years are actually served?
Contrary to the general rule, the conditional release ratio for drug trafficking is three quarters. We explain the calculation with examples in our article on time served.
Recent Court of Cassation decisions
- Court of Cassation 8th Criminal Chamber, 25.02.2026, E. 2025/10045, K. 2026/2713: The defendant, stopped at a road check without any tip-off, was found with a quantity within the personal-use range, and there was no evidence of sale. The trafficking conviction was quashed and the defendant was released. Text of the decision
- Court of Cassation 8th Criminal Chamber, 03.03.2026, E. 2025/11474, K. 2026/3118: Although the drugs were found packaged, the quantity was within the personal-use range and the defendant consistently maintained that he was a user. As there was no conclusive and convincing evidence, the trafficking conviction was quashed. Text of the decision
- Court of Cassation 8th Criminal Chamber, 06.01.2026, E. 2024/26356, K. 2026/210: Referring to the opinions of the Forensic Medicine Institute (Adli Tıp Kurumu), the decision states that cannabis users can consume 1–1.5 grams each time, three times a day. It also accepts that users may keep several months’ supply with them. Possession above this amount is not regarded as being for personal use. In the case itself, partly packaged cannabis plants had been found at the home and in the car; the quantity was accepted as within the personal-use range and, as there was no evidence of sale, the trafficking conviction was quashed and the defendant was released. Text of the decision
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.