Yes, using drugs is a crime. Under the Turkish Criminal Code (TCK) art. 191, a person who buys, accepts or possesses drugs for personal use, or who uses drugs, is punished with two to five years’ imprisonment. However, instead of punishment on the first occasion, the law makes a five-year postponement and treatment mandatory: if this period passes without problems, no case is ever filed.
What happens on the first occasion?
When an investigation into this offence begins, the prosecutor decides to postpone the filing of the public prosecution for five years against the suspect (TCK art. 191(2)). Conditions required for an ordinary postponement, such as “having no previous conviction”, do not apply here; the postponement is mandatory.
During the postponement:
- Supervised release (denetimli serbestlik, a form of probation) is applied for at least one year. This period can be extended in six-month periods by up to two more years.
- Treatment is applied where necessary.
- The prosecutor refers the person for testing at least twice a year to establish whether they are using drugs.
- The postponement decision is also notified to the police.
If the five years are completed in compliance with the obligations, a decision of non-prosecution (kovuşturmaya yer olmadığı kararı) is given (TCK art. 191(7)). The postponement decision is not entered in the criminal record; it is only recorded in a special system that prosecutors and courts can see (Code of Criminal Procedure (CMK) art. 171(5)).
We explain in detail how supervised release works, the tests, and what happens in the event of a breach in a separate article.
What happens if the postponement is breached?
If, during the postponement period, the person:
- persistently fails to comply with the obligations or the treatment,
- again buys, accepts or possesses drugs for personal use,
- uses drugs again,
a public prosecution is filed against them (TCK art. 191(4)). New use during this period is not tried as a separate offence; it only counts as a ground for breaching the postponement (TCK art. 191(5)).
An important limit: once a case has been filed, no second postponement is granted if the same offence is committed again (TCK art. 191(6)).
If a case is filed, what is the penalty?
The statutory penalty is two to five years’ imprisonment. 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 (TCK art. 191(10)).
The outcomes most often seen in practice are:
- Deferral of the announcement of the verdict (HAGB): If the sentence imposed is two years or less and the conditions are met, the court may defer the announcement of the verdict (CMK art. 231). If the five-year supervision period passes without a new intentional offence, the case is dismissed. You can check the conditions step by step with our HAGB eligibility tool.
- Suspended sentence: A prison sentence of two years or less can be suspended if the conditions are met (TCK art. 51).
- Imprisonment: If neither HAGB nor suspension is possible, the sentence is executed. Persons convicted of this offence are required to take part in a treatment and rehabilitation programme in prison (Law on the Execution of Sentences and Security Measures (CGTİK) art. 71(2)).
Can the sentence be converted into a fine?
As a rule, no. A prison sentence can be converted into alternative sanctions such as a judicial fine only if it is one year or less (TCK arts. 49(2) and 50). Since the minimum penalty for this offence is two years, even with the good-conduct reduction the sentence (1 year 8 months) stays above this limit. Conversion can only come into question if the sentence falls below one year through further reductions such as effective repentance. Where the announcement of the verdict has been deferred, the sentence cannot be converted into an alternative sanction (CMK art. 231(7)).
When no penalty is imposed
Under the effective repentance provisions in TCK art. 192:
- If a person who possesses drugs for personal use reports, before the authorities learn of it, from whom, where and when they obtained the drugs, and this information facilitates the capture of the seller 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, doctors are also under no duty to report the offence.
For details, see our article on effective repentance.
Personal use or trafficking?
Not everyone found with drugs is treated as a “user”. If the quantity, packaging and other evidence point to sale, the investigation proceeds for the trafficking offence, which carries a penalty starting at ten years. We explain this distinction in our article on the difference between personal use and trafficking.
Recent Court of Cassation decisions
- Court of Cassation Assembly of Criminal Chambers, 17.09.2025, E. 2020/471, K. 2025/335: “Persistent failure to comply” with supervised release obligations requires a third breach despite two properly served warnings. If the persistence condition is not met, possessing drugs again during the postponement period cannot be tried as a separate offence; it only counts as a breach of the postponement. Text of the decision
- Court of Cassation 10th Criminal Chamber, 25.03.2025, E. 2024/5196, K. 2025/3437: The postponement decision must contain a warning about the consequences of failing to comply with the obligations and notice of the two-week right to object. A decision lacking these notices does not become final, and the five-year period does not start to run. Text of the decision
- Court of Cassation 10th Criminal Chamber, 19.11.2025, E. 2025/7178, K. 2025/11732: If a urine sample taken on the prosecutor’s order is not submitted for a judge’s approval within twenty-four hours, the test result cannot be used as the basis of the judgment (CMK art. 75). If there is no other evidence, an acquittal rather than a conviction must be given. In this case, the prosecution was dismissed because the limitation period had expired. 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.