Why Drug Law Matters in Turkey
“Drug law” in Turkey is not a narrow niche. It affects tourists and expats stopped at airports, students caught with small quantities, families facing urgent detention decisions, and companies dealing with employee misconduct or workplace investigations. Turkish criminal policy in this area is strict, and the legal consequences can be life-changing—especially when authorities classify an incident as “trafficking” rather than “personal use.”
Clients usually seek legal help at one of three moments:
- Immediately after detention or a police search (phones, home, vehicle, workplace).
- After being served with a prosecutor’s decision (for example, probation/treatment orders in personal-use files).
- When an indictment is issued and trial dates are set.
At each stage, early and informed action can directly affect outcomes: whether the person remains detained, how evidence is collected and preserved, and whether the case is assessed as personal use, facilitation, or trafficking.
This guide explains the key offences, penalties, and practical defence angles under Turkish law—written for non-lawyers but grounded in the relevant provisions and court practice.
1) The Core Legal Framework: TCK 188–191
In Turkey, the main criminal provisions are found in Law No. 5237 (Turkish Penal Code):
- TCK 188 – Manufacturing and trafficking (production, import/export, sale, supply, transport, storage, purchase/acceptance/possession for commercial purposes)
- TCK 190 – Facilitating drug use and encouraging use through public promotion/publication
- TCK 191 – Purchasing/accepting/possessing for personal use or using drugs; special system of deferred prosecution, probation, and treatment
The classification of the allegation is the most decisive factor in a real case:
- Trafficking (TCK 188) typically means long prison exposure plus judicial fines.
- Personal use (TCK 191) often leads to deferred prosecution with probation/treatment obligations—yet violations can trigger prosecution.
2) Trafficking and Manufacturing Offences (TCK 188): What Counts, and Why It’s So Serious
a) Import/Export/Manufacture (TCK 188/1)
If authorities claim the person manufactured, imported, or exported narcotic or stimulant substances without authorization (or contrary to authorization), the statutory penalty is extremely high: 20 to 30 years of imprisonment, plus a judicial fine of 2,000 to 20,000 day-units.
Practical meaning: Border cases (airport, ports, cargo), lab/production allegations, and organized supply investigations typically fall here. Defence work focuses heavily on:
- legal characterization (what act is actually proven),
- substance identification and chain of custody,
- intent and knowledge (mens rea),
- linkage evidence (communications, surveillance, controlled deliveries).
b) Domestic Sale/Supply/Transport/Storage, etc. (TCK 188/3)
For domestic trafficking-type acts—selling, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting, or possessing—the baseline is “not less than 10 years” imprisonment, plus a judicial fine of 1,000 to 20,000 day-units.
The law also contains a critical child-related safeguard: if the recipient/buyer is a child, the imprisonment imposed on the seller/giver cannot be less than 15 years.
Key point for clients: In practice, prosecutors often attempt to interpret certain facts as “commercial possession” under TCK 188/3 even when the defence argues personal use. The file will be evaluated as a whole—quantity alone is important, but it is rarely the only factor.
3) Aggravating Factors That Increase the Sentence (TCK 188/4–5)
Even when the base act is the same, Turkish law increases punishment in specific scenarios.
a) Substance type (e.g., heroin, cocaine, synthetic cannabinoids, etc.)
The law explicitly treats certain substances as aggravating, including heroin, cocaine, morphine, synthetic cannabinoids and derivatives, synthetic cathinones, synthetic opioids, and amphetamines and derivatives, among others. If the offence concerns these, the sentence is increased.
b) Location-based aggravation: 200 meters rule
If the act in TCK 188/3 is committed within 200 meters of places such as schools, dormitories, hospitals, barracks, or places of worship, and certain public/publicly accessible areas around them, the punishment is increased by half.
c) Multiple offenders / organized crime
If the offence is committed by three or more persons together, the sentence is increased by half; if committed within the activity of an organized criminal group, the sentence is increased by one fold (effectively doubled).
Defence reality: In aggravated cases, detention becomes more likely, and courts may be less receptive to release. Case strategy must begin early, focusing on the evidence map and the legal boundaries of investigative measures.
4) “Facilitating Drug Use” and Public Encouragement (TCK 190): Not Trafficking, Still Severe
Many people assume drug crimes are limited to possession or sales. In Turkey, facilitation is a separate and serious offence.
a) Facilitating use (TCK 190/1)
A person can be punished for facilitating use by:
- providing a special place, equipment, or materials,
- taking measures that make it harder to catch users,
- giving information about methods of use.
The penalty is 5 to 10 years imprisonment plus 1,000 to 10,000 day-units as a judicial fine.
b) Public encouragement / publication (TCK 190/2)
Publicly encouraging drug use or publishing content of that nature is punished with 5 to 10 years imprisonment plus 1,000 to 10,000 day-units.
c) Professional aggravation (health-related professions)
If committed by certain professionals (physicians, dentists, pharmacists, chemists, nurses, etc.), the sentence is increased by half.
What courts look for: intent matters
In case-law examples, courts emphasize that TCK 190 can require a specific facilitation intent rather than mere co-use. A cited decision summary notes that simply using drugs together in a car, without “facilitation intent,” may not satisfy TCK 190 elements.
Client takeaway: Social settings, shared spaces, or online posts can unexpectedly escalate into a criminal allegation. If you manage a venue, rent property, or publish content, risk management and legal compliance matter.
5) Personal Use / Possession / Use (TCK 191): Deferred Prosecution + Probation/Treatment System
Turkey’s approach to personal-use offences is distinctive: the law mandates a deferred prosecution track in the investigation stage.
a) Mandatory deferral of public prosecution (5 years)
For the offence, the prosecutor decides “deferral of filing a public case” for five years, and the conditions in Article 171 of the Turkish Criminal Procedure Code do not apply.
In the same decision, the prosecutor must warn the suspect about consequences of non-compliance.
b) Probation (minimum 1 year) and extension possibility
During the deferral period, the suspect is subject to probation (denetimli serbestlik) for at least one year. The probation period can be extended up to two more years in six-month increments. Treatment may be ordered if necessary.
c) Monitoring / testing during deferral
The prosecutor may order referral to relevant institutions at least twice per year to determine whether the suspect uses drugs.
d) What triggers prosecution
If, during the deferral period, the person:
- persistently violates obligations/treatment requirements,
- purchases/accepts/possesses again for personal use,
- uses drugs,
then a public case is filed.
Importantly, repeated personal-use conduct during the deferral period is treated as an “infringement” rather than being opened as a separate prosecution file.
e) Successful completion: non-prosecution
If the person complies and does not violate prohibitions, the prosecutor issues a decision of non-prosecution.
Client takeaway: “Personal use” does not mean “no consequences.” It means a structured process with duties, monitoring, and real risk if obligations are breached.
6) Trafficking vs. Personal Use: How Classification Happens in Practice
This is the most common—and most important—question.
Turkish practice typically considers a combination of:
- Quantity and packaging (single pack vs. divided portions),
- Digital evidence (messages, call patterns, payment traces),
- Tools/indicators (scales, baggies, ledgers),
- Statements and inconsistencies during police/prosecutor questioning,
- Witness/informant claims and controlled buys (where legally conducted),
- Location (near schools/public venues can raise suspicion and penalties),
- Past records and pattern evidence (handled carefully and lawfully).
A defence strategy does not rely on slogans like “it was for personal use.” It relies on building a consistent factual theory, testing the prosecution’s narrative, and challenging the reliability and legality of evidence—especially in cases involving searches, phone extraction, surveillance, and informant-based allegations.
7) Investigation and Trial: What Typically Happens (and Where Defence Makes the Difference)
Drug files can move quickly, and early mistakes are hard to repair later. Key phases include:
a) Detention and judicial control
In trafficking allegations (TCK 188), detention is a common risk. Defence usually focuses on:
- the strength of suspicion,
- proportionality of detention,
- alternatives (judicial control, travel ban, reporting).
b) Search, seizure, and forensic reports
Core evidence often includes:
- search and seizure reports (home/vehicle/workplace),
- substance identification reports (laboratory analysis),
- fingerprint/DNA where relevant,
- chain-of-custody documentation,
- digital extraction reports (phone/communications),
- surveillance materials.
Even a strong factual defence can collapse if evidence is left unchallenged. The defence must examine whether the search was lawful, whether the seizure record is coherent, and whether the analytical report truly links the substance to the accused beyond reasonable doubt.
c) Statements: the “first hours” problem
The earliest statement—often taken under stress—can shape the entire file. From a legal safety perspective, the most reliable approach is:
- understand the allegation,
- ensure counsel participation,
- avoid signing content you don’t fully understand.
8) Sentencing, Judicial Fines, and “Day-Unit” Fines (How Money Penalties Work)
Turkish drug offences often combine imprisonment with a judicial fine calculated in “days.” For example:
- TCK 188/1: 2,000–20,000 days
- TCK 188/3: 1,000–20,000 days
- TCK 190: 1,000–10,000 days
The monetary amount is then determined by the court’s calculation per day, within statutory principles. For clients, this means financial exposure can be substantial even apart from imprisonment—and it must be included in realistic case planning.
9) Foreign Nationals, Travel, and Reputation: “Hidden” Consequences
Beyond prison and fines, drug investigations can trigger serious collateral consequences:
- immigration and residence-permit risks for foreigners,
- travel restrictions (including judicial control measures),
- employment consequences (especially for regulated professions),
- reputational harm and business disruption,
- asset seizure/confiscation risks in trafficking files.
Because these impacts can occur before any final judgment, early legal strategy should also consider communications, employer issues, and privacy-related steps.
10) Defence Strategy: What a Good Lawyer Actually Does in Drug Cases
Clients sometimes expect a single magic argument. Real defence work is more structured:
- Classify the case correctly (188 vs. 191 vs. 190).
- Map the evidence (what exists, what is missing, what is weak).
- Audit legality of investigative acts (search/seizure, digital extraction, surveillance).
- Challenge intent and narrative (personal use vs. commercial purpose; facilitation intent).
- Control damage early (detention hearings, judicial control, bail strategy).
- Prepare trial-proof arguments: coherent, consistent, evidentiary.
In many files, the outcome turns on technical details: a missing chain-of-custody link, contradictions in the search minutes, improperly interpreted digital material, or an overbroad allegation not supported by objective facts.
Frequently Asked Questions (FAQ)
Is possession always “trafficking” in Turkey?
No. Personal use is handled under TCK 191 with a deferred prosecution/probation framework.
But if facts suggest commercial purpose—like sales activity, distribution indicators, or strong trafficking evidence—prosecutors may classify it under TCK 188, which is far more severe.
If it’s my first personal-use incident, will I go to prison?
TCK 191 is designed so that the prosecutor issues a 5-year deferral and applies probation (minimum 1 year), with possible extension and treatment if needed.
However, violations during the deferral period can lead to filing a public case.
Can social media content create criminal risk?
Yes. Publicly encouraging drug use or publishing content that encourages use is punishable under TCK 190/2.
This is especially important for influencers, venue owners, event organizers, and anyone running online communities.
Does sharing a place where people use drugs create liability?
It can. Providing a special place/equipment or otherwise facilitating use can fall under TCK 190/1, which carries 5–10 years plus judicial fines.
What if the alleged act happened near a school?
If the act under TCK 188/3 occurs within 200 meters of certain public institutions and areas, the penalty can increase by half.
Conclusion: Take Drug Allegations Seriously—And Act Early
Drug law in Turkey is strict by design. The same factual incident can lead to radically different legal outcomes depending on classification (personal use vs. facilitation vs. trafficking), evidence quality, and procedural legality. The most effective moment for defence is often the earliest one—before statements harden, before detention becomes prolonged, and before evidence goes unchallenged.
If you are facing a drug-related investigation in Turkey, the safest and most legally sound step is to consult counsel immediately and build your strategy around facts, procedure, and the correct legal framework.
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