Drug offence sentences

How is the sentence for drug offences determined?

The sentence for drug trafficking (TCK art. 188(3)) is 10 to 20 years; where the substance is supplied or sold to a child, the minimum is 15 years. For manufacture, import or export the sentence is20 to 30 years. For substances such as heroin, cocaine, bonzai and methamphetamine, or where the offence is committed near a school, the sentence is increased by one half; where it is committed within the activities of a criminal organisation it is doubled. Possession for personal use (TCK art. 191) carries 2 to 5 years’ imprisonment; however, in a first investigation the public prosecution is deferred for five years and supervised release (probation) is applied.

The key question is often whether possession amounts to trafficking or to personal use. The Court of Cassation (Yargıtay) looks at whether there is any conduct aimed at selling or giving the substance to others, where the substance was found and how it was packaged (small packets, precision scales, packaging material), and the type and quantity of the substance. Where there is no evidence of sale and the quantity stays within personal-use limits, the act is accepted as possession for personal use (Court of Cassation 8th Criminal Chamber, 25.02.2026, E. 2025/10045, K. 2026/2713;8th Criminal Chamber, 06.01.2026, E. 2024/26356, K. 2026/210).

The final sentence depends on whether the court sets the basic sentence above the minimum and on the reductions available in the case. You can see how much of the sentence would be served in prison with thesentence calculator; for drug trafficking the conditional release ratio is three quarters.