In short
Drug trafficking in Turkey carries imprisonment of not less than ten years together with a judicial fine, and is heard by the assize court. Purchasing, accepting or possessing narcotics for personal use carries two to five years and falls within the jurisdiction of the court of first instance.
Trafficking or possession for personal use?
This is the decisive question in most drug files. The consequences are very different: trafficking carries a minimum of ten years, while possession for personal use carries two to five years and in most cases results in the prosecution being deferred under probation.
The distinction turns on the purpose of the accused rather than on the substance itself. In the settled case law of the Court of Cassation this purpose is established by weighing a set of indicators together. Quantity exceeding what a person might use is not sufficient on its own, nor does a small quantity automatically point to personal use.
One established test is whether the quantity corresponds to what the accused could reasonably consume over a given period. This assessment takes account of medical evidence of dependence, the history of use and where the substance was found.
Indicators used to establish purpose
- Quantity seized and its relation to personal consumption
- Whether one or several different substances were found
- Whether the substance was divided, weighed or packaged for sale
- Presence of precision scales, bags or cutting agents
- Medical evidence of the accused’s dependence
- Statements and identifications by alleged purchasers
- Telephone traffic, messages and money transfer records
| Conduct | Provision | Sentence and court |
|---|---|---|
| Manufacture, import, export | Art. 188/1-2 | Long-term imprisonment and fine — assize court |
| Selling, transporting, storing, possessing for sale | Art. 188/3 | Not less than ten years — assize court |
| Heroin, cocaine, morphine, synthetic cannabinoids | Art. 188/4-a | Sentence increased by one half |
| Committed near schools, dormitories or hospitals | Art. 188/4-b | Sentence increased by one half |
| Committed by three or more persons together | Art. 188/5 | Sentence increased by one half |
| Within the activity of a criminal organisation | Art. 188/5 | Sentence doubled |
| Purchase, acceptance or possession for personal use | Art. 191 | Two to five years — court of first instance |
What if the search was unlawful?
The physical evidence in drug files is almost always obtained through a search, which makes the lawfulness of that search a defence issue affecting the whole case. The Constitution and the Criminal Procedure Code both provide that evidence obtained unlawfully cannot form the basis of a judgment.
The rule is that a search requires a judicial order. Where delay would be prejudicial, a search may be carried out on the written order of the public prosecutor, or where the prosecutor cannot be reached, of the senior police officer; that order must then be submitted for judicial approval within twenty-four hours. Absent approval, the search and the seizure based on it become unlawful.
The points for examination are the scope and duration of the order, whether the place searched matched the order, whether the persons required to be present were present, whether the record was properly drawn up and signed, and whether the chain of custody over the seized substance is unbroken.
Points to be checked in search and seizure
- Whether the judicial order or written instruction is on the file
- Whether a written instruction was submitted for judicial approval
- Whether the place searched fell within the scope of the order
- Content of the search record, witnesses and signatures
- Sealing of the substance and handover records
- The expert report: type, purity and net weight
- Whether a sample has been retained on the file
How does effective remorse apply?
Drug offences carry one of the broadest effective remorse regimes in Turkish criminal law. A person who, before the authorities become aware of the offence, informs them of the other participants and of where the substances are hidden or manufactured is not sentenced, provided the information leads to arrests or to the substance being recovered.
Where information is given voluntarily after the offence has come to light, the sentence is reduced by between one half and three quarters, depending on the assistance provided. The information must have produced a concrete result.
A person who purchases, accepts or possesses narcotics for personal use and applies to the authorities for treatment before an investigation is opened is not sentenced. This provision is of practical importance for those drawn into proceedings through dependence.
How does probation work for personal use?
In cases of possession for personal use the opening of a prosecution may be deferred. The suspect is then subject to probation for five years, which may be extended on request or where considered necessary.
If the treatment and probation obligations are complied with throughout the supervision period, a decision of non-prosecution is issued. Breach of those obligations, or a further offence of the same kind during that period, results in a prosecution being opened.
In practice the most common cause of loss of rights is failure to attend probation appointments or to notify a change of address, which is treated as a breach. The process therefore needs to be followed from beginning to end.
Frequently asked questions
What is the sentence for drug trafficking in Turkey?
Selling, offering for sale, supplying, transporting, storing or possessing narcotics for those purposes carries imprisonment of not less than ten years together with a judicial fine. Where the substance is heroin, cocaine, morphine or a synthetic cannabinoid derivative, the sentence is increased by one half.
Does possession for personal use lead to imprisonment?
In most cases no. The prosecution is deferred and the suspect is placed under probation for five years. If the obligations are complied with, a decision of non-prosecution follows. Breach of the obligations results in a prosecution being opened.
Does a small quantity rule out trafficking?
No. Quantity alone is not decisive. The variety of substances, packaging for sale, the presence of precision scales, statements by purchasers and communication records are all weighed together. A conviction for trafficking is possible even with small quantities.
Is a search without a judicial order valid?
As a rule a search requires a judicial order. Where delay would be prejudicial it may be carried out on a written instruction, but that instruction must be submitted for judicial approval within twenty-four hours. Without approval the search and any evidence derived from it become unlawful.
Which court hears drug cases?
Trafficking is heard by the assize court because of the minimum sentence prescribed. Purchase, acceptance or possession for personal use falls within the jurisdiction of the court of first instance.
Relevant legislation
- Turkish Penal Code No. 5237 (arts. 188, 190, 191, 192)
- Criminal Procedure Code No. 5271 (arts. 116-127, 135, 139, 140, 217)
- Law No. 2313 on the Control of Narcotic Substances
- Law No. 5402 on Probation Services
Legal notice
The information on this page is general in nature and is provided for informational purposes only. It does not constitute legal advice and cannot replace an assessment of your specific circumstances. Legislation and case law may change over time.
This page was prepared by Erol Deli, Attorney at Law. · Last updated: August 21, 2026
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