The Crime of Drug Abuse and Its Penalty in Turkey (TPC 191)
Turkey maintains a strict stance on drugs, governed primarily by Article 191 of the Turkish Penal Code (TPC). If you are a foreign national residing, working, or simply visiting Turkey, understanding the specifics of the crime commonly known as “drug use” (purchasing, possessing for personal use, or using substances) is paramount.
Critically, a drug offence conviction or even an ongoing investigation can trigger severe administrative consequences, including the cancellation of your residence/work permits, rejection of citizenship applications, and potential deportation with a G-42 entry ban. This guide breaks down the core elements of TPC 191, the difference between use and trafficking, and the vital legal procedures you need to know to safeguard your status in Turkey.
Turkey’s Drug Use Laws Explained (TPC Art. 191)
Under Turkish Law, the crime of purchasing, accepting, or possessing a narcotic or stimulant substance for personal use, or the use of a narcotic or stimulant substance, popularly known as the crime of drug use, is a type of offence that regulates multiple acts that can be committed by a drug user. This specific crime is regulated in Article 191 of the Turkish Penal Code under the section “Crimes Against Public Health.”
“Purchasing, Accepting, or Possessing a Narcotic or Stimulant Substance for Personal Use, or Using a Narcotic or Stimulant Substance
Article 191-
(1) A person who purchases, accepts, or possesses a narcotic or stimulant substance for personal use, or uses a narcotic or stimulant substance, shall be punished with imprisonment for a term of two to five years.
(2) In an investigation initiated for this crime, a decision shall be made to postpone the initiation of the public prosecution against the suspect for a period of five years, without seeking the conditions stipulated in Article 171 of the Code of Criminal Procedure dated 4/12/2004 and numbered 5271. In this case, the public prosecutor shall warn the suspect about the consequences that may arise for them if they do not comply with the obligations imposed on them or violate the prohibitions during the period of postponement. (Additional sentence: 28/3/2023-7445/18 art.) The decision for postponement shall also be notified to law enforcement units.
(3) During the period of postponement, a measure of supervised release shall be applied to the suspect for a minimum period of one year. This period may be extended for a maximum of two more years, in six-month increments, upon the proposal of the supervised release directorate or ex officio by the decision of the public prosecutor. The person placed under the supervised release measure may be subjected to treatment during the supervised release period, if deemed necessary. The public prosecutor shall decide to refer the suspect to the relevant institution at least twice a year during the postponement period to determine whether they are using a narcotic or stimulant substance.
(4) If the person, during the period of postponement: a) Persists in non-compliance with the obligations imposed on them or the requirements of the treatment applied, b) Purchases, accepts, or possesses a narcotic or stimulant substance again for personal use, c) Uses a narcotic or stimulant substance, a public prosecution shall be initiated against them.
(5) The re-purchasing, re-accepting, or re-possessing of a narcotic or stimulant substance for personal use, or the re-use of a narcotic or stimulant substance, by the person during the period of postponement, shall be considered a ground for violation pursuant to the fourth paragraph and shall not be made the subject of a separate investigation and prosecution.
(6) After the initiation of the public prosecution pursuant to the fourth paragraph, a decision to postpone the initiation of the public prosecution pursuant to the second paragraph cannot be made in investigations initiated on the allegation that the crime defined in the first paragraph has been committed again.
(7) If the suspect does not violate the obligations and prohibitions specified in the fourth paragraph during the postponement period, a decision of non-prosecution (no grounds for prosecution) shall be issued against them.
(8) If, during the prosecution phase for the crimes defined in this Law: a) Manufacturing and trade of narcotic or stimulant substances, defined in Article 188, b) Facilitation of the use of narcotic or stimulant substances, defined in Article 190, it is understood that the crime falls exclusively within the scope of this article, a decision to defer the announcement of the verdict shall be made regarding the defendant within the framework of the provisions of this article.
(9) In cases where there is no contrary regulation in this article, the provisions of Article 171 of the Code of Criminal Procedure concerning the postponement of the initiation of the public prosecution or Article 231 concerning the deferral of the announcement of the verdict shall be applied.
(10) If the acts in the first paragraph are committed in public places or places open to the public within a distance of less than two hundred meters from the boundaries, marked by surrounding walls, wire fences, or similar barriers or signs, of buildings and facilities where people congregate for treatment, education, military, or social purposes, such as schools, dormitories, hospitals, barracks, or places of worship, the penalty to be imposed shall be increased by one half.”
The actions constituting the crime defined in the first paragraph of Article 191 of the Turkish Penal Code are specified as drug use, and the purchasing, accepting, or possessing of a narcotic substance for personal use.
In Turkish law, drug use is defined as the utilization of a narcotic or stimulant substance through one of the oral, nasal, intravenous, or subcutaneous routes. Conversely, possessing, purchasing, or accepting a narcotic substance for personal use is defined as the individual having, buying, or accepting a narcotic or stimulant substance for the purpose of using it, as opposed to purposes like selling or giving it to another person.
The penalty for the crime of drug use in Turkey is imprisonment for a term of two to five years. The second and subsequent paragraphs of the article regulate the supervised release measure and the decision to postpone the initiation of the public prosecution to be applied in investigations initiated due to the crime of drug use.
In Turkey, if, during a criminal case conducted due to the crimes of manufacturing and trade of narcotic substances or facilitation of the use of narcotic substances, it is determined that the crime is actually the crime of drug use, a decision to defer the announcement of the verdict will be made regarding the defendant.
Furthermore, in Turkey, the penalty to be imposed for the crime of drug use is increased by one half if the crime is committed in public places or places open to the public within a distance of less than two hundred meters from the boundaries, marked by surrounding walls, wire fences, or similar barriers or signs, of buildings and facilities where people congregate for treatment, education, military, or social purposes, such as schools, dormitories, hospitals, barracks, or places of worship.
Elements of the Crime of Drug Use in Turkey
Legal Subject Matter of the Crime of Drug Use
The subject matter of the crime of purchasing, accepting, or possessing a narcotic or stimulant substance for personal use, or the use of a narcotic or stimulant substance, is the narcotic or stimulant substances themselves.
Perpetrator and Victim in the Crime of Drug Use
The perpetrator of the crime of purchasing, accepting, possessing a narcotic or stimulant substance for personal use, or using a narcotic or stimulant substance, can be any person.
The victim of the crime of drug use, however, is everyone who constitutes society. The fact that narcotic or stimulant substance crimes are regulated in the third section of the Turkish Penal Code’s (TCK) second book, titled “Crimes Against Public Health,” also demonstrates this point.
Material Element of the Crime of Drug Use
The criminal acts in TCK Article 191 are regulated as alternative actions: purchasing for personal use, accepting for personal use, possessing for personal use, and the use of a narcotic or stimulant substance. The commission of any one of these listed acts will constitute the crime.
Mental Element of the Crime of Drug Use
In Turkey, the crime of drug use is a crime that can only be committed intentionally; it cannot be committed through negligence. For the alternative actions of purchasing, accepting, or possessing, mere intent is not sufficient; the perpetrator must have the purpose of use for these alternative actions.
Penalty for Drug Use in Turkey
Article 191 of the Turkish Penal Code (TCK) sets the penalty for the crime of using a narcotic or stimulant substance as imprisonment for a term of two to five years.
Furthermore, institutions of criminal law such as the postponement of the initiation of the public prosecution, supervised release, and the deferral of the announcement of the verdict (hükmün açıklanmasının geri bırakılması), which aim to guide the perpetrator toward treatment and prevent future drug use, are also regulated within the scope of this article.
In Turkey, the nature and location of the place where the drug is used or possessed can affect the penalty. Specifically, if this crime is committed in public places or places open to the public that are within a distance of less than 200 meters from the boundaries of buildings and facilities used for treatment, education, military, and social purposes, such as schools, dormitories, hospitals, barracks, or places of worship, the penalty is increased by one half. In such a case, the penalty is determined as imprisonment for a term of three years to seven and a half years.
Foreigners Committing Drug Offenses in Turkey
As the use of synthetic or natural drugs is not legal in Turkey, if a foreigner who is in Turkey or is entering or leaving Turkey is found to possess drugs such as cannabis, which may be legal in their country, or possesses them in an amount exceeding the accepted limit for personal use in Turkey, a deportation order may be issued against the foreigner. In this case, an entry ban to Turkey with the G-42 restriction code may also be imposed on the foreigner. A foreigner against whom criminal proceedings are initiated due to a drug offense may likely face both criminal and administrative measures such as deportation and an entry ban to Turkey. Furthermore, the residence and work permits of foreigners who are in Turkey and have a residence permit, work permit, or whose Turkish citizenship application is pending may be canceled, and their citizenship applications may also be rejected.
Supervised Release and Its Violation in the Crime of Drug Use in Turkey
In Turkish law, the measure of supervised release (denetimli serbestlik) in crimes of drug use or possession is applied within the framework of Article 191 of the Turkish Penal Code (TCK). This measure allows the suspect or defendant to be subject to specific obligations and supervision without entering a penal institution.
Postponement of Public Prosecution and Notification:
- The Public Prosecutor decides to postpone the initiation of the public prosecution against the suspect of the drug use crime for a period of 5 years and notifies the suspect of this decision.
- The investigation file is sent to the Supervised Release Branch Directorate for follow-up.
Participation in the Supervised Release Program:
- The Supervised Release Branch Directorate sends a notification to the suspect, requesting their participation in the supervision program by applying to the directorate within 10 days of notification.
- If the suspect fails to apply within 10 days, a record is kept stating their non-compliance with the supervised release program, and the file is sent back to the prosecutor’s office.
In Case of Program Violation:
- If the suspect violates the supervised release program twice, the supervision file is closed and sent to the prosecutor’s office.
Postponement Period and Obligations:
- During the postponement period, a supervised release measure is applied to the suspect for a minimum period of one year.
- This period may be extended for a maximum of one more year, in three-month increments, by the decision of the Public Prosecutor.
- If the suspect fails to comply with the obligations or persists in non-compliance with the treatment requirements, the supervised release measure is terminated, and the public prosecution is initiated.
Non-Compliance with Treatment and Supervised Release Measure:
- The suspect may be subjected to treatment during the supervised release period.
- A suspect alleged to be non-compliant with the treatment and supervised release measure is informed that they must attend the hearing or provide a statement in writing.
- If the suspect fails to attend the hearing without a valid excuse or fails to provide a written statement, non-compliance with the measure’s requirements is assumed, and a penalty may be imposed.
This procedure aims at the rehabilitation and reintegration of the suspect or defendant into society, and criminal proceedings continue in case of non-compliance with the obligations.
Remorse (Effective Repentance) and Legal Consequences in the Crime of Drug Use in Turkish Law
The “effective repentance” provisions in the Turkish Penal Code stipulate the mitigation or elimination of criminal liability if perpetrators confess to their crimes and assist justice.
The effective repentance provisions in the context of the Crime of Drug Use (TPC Article 191) are as follows:
Effective Repentance Before the Investigation Begins:
- If a person applies to official authorities requesting treatment before the investigation begins, no penalty shall be imposed against them.
Effective Repentance After the Investigation Begins:
- If a person voluntarily assists and serves to uncover the crime and apprehend the perpetrator or other accomplices after the investigation begins, the penalty to be imposed shall be reduced by one-fourth to one-half, depending on the nature of the assistance.
These regulations ensure that the person’s criminal liability is mitigated or eliminated if they confess to the crime and assist justice.
Judicial Practice and Supreme Court Decisions on the Personal Use Limit for Drugs in Turkish Law
Supreme Court 10th Criminal Chamber – Decision: 2016/581
In contrast to the defendant’s defense that they cultivated the 4 roots of Indian hemp, with a gross weight of 6 grams, found planted in pots during the search of their residence, exclusively for their own use to obtain cannabis, there was insufficient and conclusive evidence beyond a reasonable doubt that the defendant would sell or give this substance to another person. It was held that a conviction for the crime of “cultivating hemp for the purpose of trade” was established without considering that the defendant’s act constituted the crime of “cultivating Indian hemp exclusively for personal use to obtain cannabis.”
Supreme Court 20th Criminal Chamber – Decision No: 2017/233
Since TCK No. 5237 stipulates that proceedings shall continue and a sentence shall be rendered for the defendant who fails to comply with the requirements of supervised release measures; it is contrary to law to render a judgment without opening a hearing and without sending an explanatory summons to the defendant stating that a hearing could be held in their absence pursuant to Article 195 of the Code of Criminal Procedure No. 5271; rather than opening a hearing and notifying the defendant of the hearing date and time, along with the warning: “As non-compliance with the supervised release measure is alleged, if you have an excuse, you must come and state it; if you fail to come and state an excuse, it will be assumed that you have not complied with the supervised release measure, and a penalty will be imposed.”
Statute of Limitations for the Crime of Drug Use in Turkey
In Turkish criminal law, two types of limitations are mentioned: statute of limitations for prosecution (dava zamanaşımı) and statute of limitations for penalty enforcement (ceza zamanaşımı). Since the crime of drug use is regulated under Article 191 of the TPC and is not subject to a complaint. Investigation must be initiated within 8 years from the date the crime was committed; otherwise, the case will be subject to the statute of limitations for prosecution.
After the conviction has become final, the statute of limitations for the enforcement of the penalty is 10 years.
Judicial Fine and Deferral of the Announcement of the Verdict in the Crime of Drug Possession and Use in Turkey
In Turkey, the crimes of drug possession and use are regulated as imprisonment penalties under Article 191 of the Turkish Penal Code, and conversion to a judicial fine is not possible.
Furthermore, it is possible to issue a decision for the Deferral of the Announcement of the Verdict for these crimes in Turkish Law. A HAGB decision may be rendered if there is no other pending case against the defendant for the same crime, or if the defendant did not commit this crime during the execution of a previously imposed treatment and/or supervised release measure.
Your Criminal Defence Lawyer In Turkey: Viridis Legal Partners
Facing a drug-related offence in Turkey, whether it involves possession for personal use (TCK 191) or drug trafficking allegations (TCK 188), requires immediate and expert legal intervention. As your drug offence lawyer in Turkey, Viridis Legal Partners offers specialised criminal defence representation. As your English-speaking Turkish criminal defence lawyers, we are here to aid you through Turkish criminal law and immigration regulations. We provide strategic counsel, focusing on differentiating personal use from trafficking (where the quantity limit is key), managing the supervised release and postponement process, and effectively challenging administrative measures such as deportation orders (G-42 code) and residence permit cancellations. Trust our experienced attorneys to protect your rights, ensure fair legal proceedings, and fight for the best possible outcome in your case.
Contact us today for a confidential consultation and strategic defence tailored to your Turkish criminal defence requirements.
Frequently Asked Questions
In Turkey, how is it decided whether the drugs on my person are for personal use or for sale? What exactly is the quantity limit?
There is no law or rule in Turkey that specifies a definite amount that distinguishes between personal use and the trafficking of drugs. In each specific case, the amount of drugs is confined by taking into account various criteria, such as whether they are ready for sale in separate packages, whether they are found together with items such as precision scales and packaging materials used for sale.
Is there an official list of all narcotic and psychotropic substances considered illegal in Turkey? Could my prescription medication that is legal in my own country (for example, a strong painkiller or an ADHD medication) cause problems here?
The basic legislation on this subject in Turkey is Law No. 2313 on the Control of Narcotic Drugs. In addition, Turkey is a party to the Single Convention on Narcotic Drugs of 1961 and the Convention on Psychotropic Substances of 1971. A foreigner wishing to enter Turkey with prescribed medication must have a valid prescription for narcotic substances such as opioids (morphine, fentanyl, pethidine/Aldolan) listed on the Red Prescription List or psychotropic substances such as certain benzodiazepines (diazepam, alprazolam/Xanax), stimulants (methylphenidate/Ritalin), and some sedatives without a valid prescription will be considered asthe offence of possession of drugs or trafficking drugs under Turkish law.
What are the rights of a foreigner arrested for drug use in Turkey?
Each foreign national detained or arrested in Turkey has the same rights as Turkish citizens, such as the right to remain silent, to notify their relatives, and to seek legal assistance. In addition, in the event of detention or arrest, foreigners have the right to seek the assistance of an interpreter and to notify their country’s diplomatic mission of their situation.
I committed a drug use offence in Turkey. Will I be automatically deported and issued an entry ban?
In case of a drug use offence, the criminal court does not apply the deportation or entry ban decisions automatically. But they are a standard and highly likely administrative consequence managed by a separate government agency.
I was deported and issued an entry ban to Turkey due to a drug use offence, what should I do?
A foreign national deported for drug offences is most likely to be subject to an entry ban to Turkey under code G-42. However, definitive information can be obtained through an immigration lawyer in Turkey. A cancellation lawsuit can be filed in an administrative court to lift the G-42 coded entry ban to Turkey.
I received a prison sentence for a drug use offence. Do I have to serve this sentence in a Turkish prison, or can I be transferred to my home country?
The basic rule is that foreigners who commit crimes in Turkey must serve their sentences in Turkey. If you are convicted of a drug offence in Turkey and sent to prison, you can apply to serve your sentence in your home country. Although this does not guarantee a right to do so, it is possible to be transferred to your home country upon your request and with the approval of both Turkey and your home country. Before preparing your request for transfer to your home country’s prison, we recommend that you contact both your Consulate and an experienced criminal law attorney specialising in foreign national law in Turkey for guidance and support.
I have been convicted of a drug use offence, or my case is ongoing. Will my citizenship application be affected by this?
The Turkish Citizenship Law No. 5901 stipulates, as a general rule, that a foreigner who wishes to acquire Turkish citizenship must not pose a threat to public order and public health. Turkish authorities determine whether such a threat exists through archive research. Archival Investigation includes your finalised criminal convictions, ongoing cases, and administrative decisions such as previous deportation orders or entry bans to Turkey. However, such an archival investigation must be conducted in accordance with the law and reflect the truth.
If your Turkish citizenship application has been rejected because of a drug offense, it is possible to file a lawsuit for its cancellation. As your citizenship lawyer in Turkey, we can provide you with effective support in lawsuits for the cancellation of Turkish citizenship application rejections.
I have been convicted of a drug use offence, or my case is ongoing. Will my residence permit be affected by this?
According to Law No. 6458 on Foreigners and International Protection, the general rule for granting, extending, or even maintaining residence permits in Turkey is that the foreign applicant must not pose a threat to public safety and public order. Therefore, if you are convicted of a drug offence, your residence permit application or residence permit renewal application will be rejected, or your current residence permit will be terminated.
If your Turkish residence permit application has been rejected because of a drug offence, it is possible to file a lawsuit for its cancellation. As your immigration lawyer in Turkey, we can provide you with effective support in lawsuits for the cancellation of residence permit applications or renewal rejections.
I have been convicted of a drug offence, or my case is ongoing. Will my work permit be affected by this?
Under the Law on International Workforce No. 6735, if a foreigner poses a threat to public order, public security, or public health, their work permit application will be rejected, and their current work permit will be terminated. If your Turkish work permit application has been rejected because of a drug offence, it is possible to file a lawsuit for its cancellation. As your immigration lawyer in Turkey, we can provide you with effective support in lawsuits for the cancellation of work permit applications, termination or renewal rejections.
