A positive drug test leads to an investigation for the drug use offence under Turkish Criminal Code (TCK) art. 191. The first time, no prosecution is brought; a five-year postponement and supervised release (denetimli serbestlik, a form of probation) are applied instead. If the test was carried out while driving, an administrative fine of TRY 150,000 is also imposed and the driving licence is cancelled under Highway Traffic Law (KTK) art. 48(8). However, the test must have been taken lawfully: if the blood or urine sample was taken without a judge’s order or without a judge’s approval in time, its result cannot be used as evidence.
In what situation was the test positive?
The consequences depend on the stage at which the test was done:
| Situation | Consequence |
|---|---|
| During an investigation (arrest, tip-off) | Investigation for the use offence; mandatory five-year postponement the first time (our article on TCK 191) |
| During supervised release | The postponement is deemed breached and a prosecution is brought for the first incident (TCK art. 191(4)(c)). The new use is not treated as a separate offence |
| At a traffic check | TRY 150,000 administrative fine, cancellation of the licence, and a criminal investigation as well (our article on driving licences) |
| At the workplace or when starting a job | No criminal investigation arises automatically. Employment law consequences are assessed separately |
How must the test be taken?
Under Code of Criminal Procedure (CMK) art. 75, taking a biological sample such as blood, urine or hair from a suspect to obtain evidence of an offence:
- as a rule requires a judge’s order;
- where delay would be prejudicial, may be ordered by the prosecutor. However, this order must be submitted for a judge’s approval within 24 hours, and the judge must decide within 24 hours;
- evidence obtained under an order that is not approved cannot be used;
- the sample may only be taken by a doctor or another healthcare professional. The procedure must not carry a risk of harming the person’s health.
In practice, samples are sometimes taken on the prosecutor’s instruction to the police to “obtain a doctor’s and urine report”, and the judge’s approval is skipped. In that case the Court of Cassation does not base the judgment on the test result. It accepts that, if there is no other evidence, the defendant must be acquitted.
For taking samples after traffic accidents, KTK art. 48(3) also refers to CMK art. 75.
Does the test prove everything?
- A positive test only shows that the substance was present in the person’s body. It does not in itself show when and where the substance was used. Whether it overlaps with other files opened for the same period must also be examined.
- A negative test, on the other hand, may weaken a defence of “I am a user”. If a person tried for trafficking who says “I bought it for my own use” tests negative, the court may treat this as evidence pointing towards trafficking.
- How long a substance can be detected in the body depends on the substance and the person. This is a medical assessment; if necessary, a report can be requested from the Forensic Medicine Institute (Adli Tıp Kurumu).
Refusing the test
- In a criminal investigation: If a judge has ordered the sample to be taken, the person’s consent is not required. An objection may be made against the order (CMK art. 75(6)).
- In traffic: A driver who does not allow the police to carry out a test is fined TRY 150,000 and the licence is suspended for five years (KTK art. 48(9)).
Recent Court of Cassation decisions
- Court of Cassation 10th Criminal Chamber, 19.11.2025, E. 2025/7178, K. 2025/11732: The urine sample had been taken on the prosecutor’s instruction and not submitted for a judge’s approval. Accepting the objection of the Chief Public Prosecutor’s Office at the Court of Cassation, the Chamber set aside its earlier decision upholding the judgment and reversed the conviction. It stated that the test result could not form the basis of the judgment and that, if there was no other evidence, an acquittal was required. The case was discontinued because the limitation period had expired. Decision text
- Court of Cassation 8th Criminal Chamber, 20.11.2025, E. 2024/21730, K. 2025/9089: The urine test of a defendant who said “I bought it for my own use” found neither the synthetic substance in question nor cannabis, amphetamine, cocaine or heroin. Together with the finding that his defence, that he had flown to a city 700 km away to buy drugs for his own use, was aimed at escaping liability, this result was taken into account in finding the trafficking offence, and the conviction was upheld. Decision text
- Court of Cassation 8th Criminal Chamber, 08.01.2026, E. 2025/10289, K. 2026/361: It could not be established from the file which incident the blood and urine report related to. It was held that the court must investigate when the samples were taken and whether a second case had been brought for the same act. If a case had already been brought for the same act, the case must be dismissed (CMK art. 223(7)). Decision text
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.