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The Offences of Drug Use and Trafficking: Where Is the Line, and What Is the Penalty?
What Is It? Drug Use, Trafficking, and Effective Remorse under Articles 188, 191, and 192 of the Turkish Penal Code. This guide has been updated as of 2026 on the basis of the Turkish Penal Code and the settled case law of the Court of Cassation.
Summary: Under Turkish law, there is no mathematically fixed gram threshold for the offence of drug trafficking; however, the Court of Cassation has established average annual quantities for personal use according to the type of substance. If the quantity seized exceeds these thresholds, or even if the quantity is small but there is corroborating evidence such as division into individual sale packets, precision scales, a variety of substances, or a large amount of cash in small-denomination banknotes, the act is deemed drug trafficking. The penalty for trafficking starts at a minimum of 10 years’ imprisonment, whereas possession for personal use is punishable by 2 to 5 years’ imprisonment, and prosecution is deferred if the offence is committed for the first time.
Why Is the Defence “It Was a Small Quantity, So It Does Not Constitute Trafficking” Often Insufficient? The most common misconception in drug cases is the belief that possession of a small quantity automatically means that the person will be treated as a “user.” Courts, however, consider not only the weight but also how the substance was packaged, what was found with it, and where it was found. The discovery of a few grams of a substance on a person may result in a trafficking charge if the substance has been divided into small packets.
This guide addresses the personal-use thresholds accepted by the Court of Cassation, corroborating evidence indicative of trafficking, the penalties for drug trafficking and use offences, and the provisions on effective remorse.
Personal-Use Thresholds According to the Court of Cassation: The General Criminal Assembly of the Court of Cassation has determined, on the basis of scientific and medical data, the average quantity of each type of drug that a person may consume over the course of one year. Provided that these thresholds are not exceeded, the act is presumed to constitute possession for personal use; however, the thresholds are not absolute and may vary according to the circumstances of the specific case.
In What Circumstances Does the Offence of Trafficking Arise Even If the Quantity Is Small? Even where the quantity seized is far below the thresholds in the table, the presence of certain corroborating evidence may change the legal characterisation of the act from use to trafficking. Assize courts consider four criteria when making this assessment.
Method of packaging (division into individual sale packets): The storage of the substance in small paper wraps, aluminium foil packets, or resealable bags rather than as a single block is a strong indication that it has been prepared for sale. A person found with 5 grams of cannabis divided into 5 separate packets is highly likely to be prosecuted for trafficking.
Precision scales and packaging materials: If precision scales, empty resealable bags, or a pressing device are seized together with drugs, courts may treat the act as trafficking even where the quantity seized is only 1 gram.
Variety of substances and place of storage: The simultaneous possession of more than one type of drug weakens the defence of personal use. The discovery of substances in concealed locations, such as beneath a shop counter or in a vehicle’s glove compartment, rather than in personal areas such as a bedroom, also indicates a commercial purpose.
Cash disproportionate to income: The discovery, together with drugs, of a large amount of cash in small-denomination banknotes, where the source of that cash cannot be explained by a legitimate activity, is regarded as proceeds from sales.
Penalties for Drug Trafficking and Drug Use Offences: Whether the case is classified as drug trafficking or as a drug-use offence directly determines the offender’s liberty. A person who manufactures, imports, or exports narcotic or psychotropic substances without a licence is sentenced to imprisonment for a term of 20 to 30 years pursuant to paragraph one of Article 188 of the Turkish Penal Code.
A person who sells, offers for sale, supplies to another person, transports, or stores such substances is punishable by imprisonment for a term of at least 10 years and a judicial fine pursuant to paragraph three of the same Article.
The penalty is increased by one half where the substance involved in the trafficking is heroin, cocaine, morphine, bonzai, or methamphetamine; in such cases, the minimum sentence is increased directly to 15 years’ imprisonment. The penalty is likewise increased by one half where the trafficking is committed within 200 metres of places such as schools, dormitories, places of worship, hospitals, or military barracks.
A person who purchases, accepts, or possesses drugs for personal use is punishable by imprisonment for a term of 2 to 5 years pursuant to Article 191 of the Turkish Penal Code. However, rather than imposing immediate punishment, the legislature provides an opportunity in respect of this offence: where it is committed for the first time, no criminal action is instituted, and the initiation of public prosecution is deferred for 5 years. During this period, the suspect is placed under probation for at least 1 year and, where necessary, referred for treatment. If the person complies with the obligations and does not use drugs, a decision not to prosecute is issued and the person’s criminal record remains clear; in the event of a violation, criminal proceedings are instituted.
Effective Remorse: How Can the Sentence Be Substantially Reduced? In drug cases, the most powerful mechanism for securing release from pre-trial detention or reducing the sentence towards the statutory minimum is the effective-remorse regime set out in Article 192 of the Turkish Penal Code.
A person who participated in the manufacture of or trafficking in drugs receives no punishment if, before the authorities become aware of the offence, that person reports the other accomplices and the location where the substance is stored. After being apprehended, the sentence of a person who makes a concrete contribution to dismantling the criminal network by disclosing the identities of other persons to the court or public prosecutor is reduced by between one quarter and three quarters. Merely providing vague names or known false aliases is insufficient for this reduction; the information provided must be operationally actionable.
Summary of the Incident: During a search of a person, 4 grams of cannabis were seized. The substance was not found in a single package but wrapped in 8 separate small paper packets, each containing approximately 0.5 grams. During the same search, TRY 3,000 in cash, consisting of small-denomination TRY 100 and TRY 50 banknotes, was found in the pocket of the person’s jacket.
Legal Assessment: The quantity seized is far below the accepted annual personal-use threshold for cannabis (600–700 grams). However, the division of the substance into individual sale packets and the cash in small-denomination banknotes, which appears disproportionate to the person’s income, are regarded as corroborating evidence indicative of trafficking. The incident is therefore open to examination not as the offence of drug use under Article 191 of the Turkish Penal
Code, but as the offence of drug trafficking under Article 188.
Does the defence “I did not sell it; I offered it to my friend” reduce the sentence? No. Under paragraph three of Article 188 of the Turkish Penal Code, supplying or offering drugs to another person carries the same penalty as selling them. The absence of financial gain does not prevent the act from being deemed trafficking.
Do precision scales found at home constitute evidence of trafficking on their own? If drug residue is detected on the scales or if the scales are seized from the same location as the narcotic substance, the defence that they were used for a different purpose is generally not accepted. However, if the scales are clean and there is no other evidence, their mere presence is not sufficient on its own to justify a conviction.
Is a person found with a quantity within the personal-use thresholds detained pending trial? If the quantity seized is within the personal-use thresholds and there is no other evidence indicative of trafficking, such as division into individual sale packets or scales, the suspect is generally not detained pending trial. However, if the act is classified as trafficking, there is a high likelihood of detention because this offence is among the catalogue offences.
Caution: Common Mistakes During the Proceedings — Failing to appreciate the importance of the initial statement: The initial statement given at the law-enforcement stage directly affects whether the case is classified as use or trafficking; statements made without adequate preparation may constitute incriminating evidence.
Failure to make an effective-remorse statement in a timely manner: Failure to determine correctly when and how this right should be exercised may result in the loss of a substantial sentence reduction that could otherwise have been obtained.
Conclusion: In drug offences, the line between a “user” and an “offender engaged in trafficking” is extremely fine, and the court’s assessment depends directly on the technical evidence in the case file. Examining forensic reports, analysing swab and urine test results, applying the Court of Cassation’s current quantitative criteria to the case, and exercising the right to effective remorse at the proper time are matters requiring specialist expertise.
Important Legal Disclaimer: The legal explanations and hypothetical case contained in this guide have been prepared by Küheylan Law Firm for general informational purposes and do not constitute legal advice. As the particular circumstances of each case may affect the outcome, it is advisable to obtain legal assistance from a criminal defence lawyer from the investigation stage onwards. © 2026 Küheylan Law Firm. All Rights Reserved.
Author: Attorney Mert Deniz Küheylan — Küheylan Law Firm — Burhaniye Mh. Neşetbey Sk. No: 12/5, Floor: 5, Apartment: 3, Üsküdar/Istanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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