The Turkish Criminal Code (TCK) treats possession of narcotic drugs as two separate offences. Whether the same quantity of drugs was held “for use” or “for sale” changes the outcome from two years to ten years or more. For this reason, which article the act falls under is decisive from the very first moment of the investigation.
Possession for personal use (TCK art. 191)
A person who buys, accepts, possesses or uses drugs for personal use is punished with two to five years’ imprisonment. However, for this offence the law provides a special system that puts treatment before punishment:
- The filing of the public prosecution is postponed as a mandatory rule. The prosecutor postpones the filing of the public prosecution against the suspect for five years. No other condition is required for this.
- Supervised release: Supervised release (denetimli serbestlik, a form of probation) is applied for at least one year during the postponement period. This period can be extended in six-month periods by up to two more years. Treatment is applied where necessary.
- Testing: The prosecutor refers the person to the relevant institution at least twice a year to establish whether they are using drugs.
- Breach: If the person persistently fails to comply with their obligations during the postponement period, or uses or possesses drugs again, the public prosecution is filed.
- If completed successfully, a decision of non-prosecution (kovuşturmaya yer olmadığına karar) is given and the record does not turn into a conviction.
Once a public prosecution has been filed, no new postponement can be granted if the same offence is committed again (TCK art. 191(6)).
If the act is committed in public places within 200 metres of places such as a school, dormitory, hospital, barracks or place of worship, the penalty is increased by half.
Trafficking (TCK art. 188(3))
A person who sells, offers for sale, gives to another, transports or stores drugs, or buys or possesses them for this purpose, is punished with imprisonment of not less than ten years. The main aggravating circumstances are:
- If the drug was given or sold to a child, the penalty cannot be less than fifteen years.
- If the drug is heroin, cocaine, synthetic cannabinoids, synthetic cathinones, synthetic opioids or amphetamine and its derivatives, the penalty is increased by half.
- If the act is committed within 200 metres of a school or similar place, the penalty is increased by half.
- If the offence is committed together with three or more persons, the penalty is increased by half; if committed as part of the activities of a criminal organisation, it is doubled.
Since April 2026, persons with a final conviction for this offence cannot operate, or work at, businesses where children are present in large numbers, such as schools, school buses, dormitories, nurseries, internet cafés and sports facilities (Child Protection Law (ÇKK) additional art. 1).
Personal use or trafficking? How is the distinction made?
The law does not set a specific quantity threshold for personal use. The Court of Cassation (Yargıtay) makes the distinction by looking at the case as a whole. The main factors assessed are:
- the quantity and purity of the drugs seized, and whether this exceeds a reasonable need given the person’s usage habits;
- whether the drugs were divided into small portions and packaged separately;
- whether materials intended for sale, such as precision scales, zip-lock bags or many empty packets, were found;
- whether unexplained cash was found on the person or at their home;
- phone messages, physical surveillance and witness statements;
- whether the person’s blood or urine test established drug use.
Any one of these factors on its own, for example a large quantity, may not by itself show an intent to trade. A defence that addresses this evidence item by item directly affects the outcome.
A trafficking case can turn into a personal use case. If it becomes clear during the prosecution that the act was only possession for personal use, a decision is given to defer the announcement of the verdict (HAGB) for the defendant (TCK art. 191(8)).
Effective repentance (TCK art. 192)
- If a person who possesses drugs for personal use reports from whom, where and when they obtained the drugs before the authorities learn of it, and this information facilitates the capture of the offender or the seizure of the drugs, no penalty is imposed.
- If a drug user applies to the authorities or health institutions and requests treatment before an investigation is opened against them, no penalty is imposed. In this case, health workers are also under no duty to report the offence.
- If a person involved in the trafficking offence reports the other accomplices and the location of the drugs before the authorities learn of it, no penalty is imposed; if they voluntarily help after the authorities have learned of it, their sentence is reduced by one quarter up to one half.
Before giving a statement
In drug investigations, the first statement and the examination of the phone often determine which article the case will proceed under. Speaking with a defence lawyer before the statement is the suspect’s legal right.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.