Drug-Related Offenses and Legal Regulations
The use, sale, and possession of narcotic or psychotropic substances are subject to severe sanctions under the Turkish Penal Code (TPC). The legal framework governing these offenses can be summarized as follows:
Drug Trafficking and Smuggling (TPC Art. 188)
Selling, offering for sale, supplying to others, transporting, storing, purchasing, or possessing narcotic or psychotropic substances without a license or in violation of a license constitutes a criminal offense. Individuals who commit these acts are subject to imprisonment of not less than 10 years and a judicial fine of up to 20,000 days.
Additionally, individuals who manufacture, import, or export narcotic or psychotropic substances are subject to imprisonment ranging from 20 to 30 years and a judicial fine of up to 20,000 days.
Use and Possession of Narcotic Substances (TPC Art. 191)
Using, purchasing, accepting, or possessing narcotic substances is punishable by imprisonment from 2 to 5 years.
However, in practice, courts generally do not impose immediate imprisonment for this offense. Instead, they may first order treatment and probation measures. If the individual complies with these measures and refrains from drug use during the supervision period, the court may decide not to impose a penalty.
If the offense is committed in public or communal areas, the penalty may be increased.
Facilitating and Encouraging Drug Use (TPC Art. 190)
Facilitating or encouraging the use of narcotic substances is also considered a criminal offense and is subject to penalties. This offense may be committed through the following acts:
- Providing a specific place, equipment, or materials for drug use,
- Taking measures to make it more difficult for users to be apprehended,
- Providing information to others about methods of drug use,
- Publicly encouraging drug use or publishing content that promotes it.
Facilitating or encouraging drug use is punishable by imprisonment from 5 to 10 years.
Publicly encouraging the use of narcotic substances is also punishable by imprisonment from 5 to 10 years. If the offense is committed through the press or media, the penalty may be increased by up to one-half.
Judicial fines are not mandatory for these offenses and may be imposed at the discretion of the court.
Effective Remorse in Drug Offenses (TPC Art. 192)
The provisions on effective remorse may apply to certain drug-related offenses under Article 192 of the Turkish Penal Code. However, the offense of encouraging drug use is not covered by effective remorse provisions.
If a person voluntarily takes steps to eliminate the harm caused by the offense and contributes to justice, they may benefit from effective remorse provisions. However, this is assessed on a case-by-case basis.
For more detailed information and legal assistance regarding drug-related offenses, it is recommended to contact the relevant authorities or seek professional legal support.
