The offence of drug use is regulated under Article 191 of the Turkish Criminal Code (Türk Ceza Kanunu, “TCC”). It covers acts such as purchasing, accepting, possessing, or directly using narcotic or psychotropic substances for personal use. In other words, if an individual obtains substances such as cannabis, cocaine, or heroin for his/her own consumption, keeps them in his/her possession, or uses them, such conduct is considered a criminal offence under Turkish law. As this conduct is deemed to threaten public health, the legislator treats it as a serious offence.
In this article, we address the offence of drug use under TCC Article 191, the operation of the procedure, effective defence strategies, and practical guidance on what should be done. For further information, you may contact our professional team specialising in criminal law.
Penalty and Legal Framework Under TCC Article 191
Pursuant to TCC Article 191, the penalty for using narcotic or psychotropic substances—or purchasing, accepting, or possessing such substances for the purpose of use—is imprisonment from two (2) to five (5) years. The statute explicitly defines these acts and prescribes the applicable sanction. In addition, where the offence is committed within less than 200 metres of places where the public gathers collectively—such as educational institutions, dormitories, hospitals, barracks, or places of worship—the penalty is increased by one half. For example, if a person is apprehended while using drugs near a school, the applicable penalty may, with the half-increase, rise to a range of at least three (3) years and up to seven and a half (7.5) years of imprisonment.
Article 191 does not only regulate the penalty; it also provides special procedural provisions applicable during the investigation and prosecution phases. In particular, the framework aims to reintegrate the user into society and support recovery from addiction by allowing certain alternative measures. These special applications are explained in detail below.
Constituent Elements of the Offence of Drug Use
Any person may be the perpetrator of this offence; no special status is required. The offence is established if one of the following alternative acts listed in the law is committed:
- Purchase: Procuring narcotic or psychotropic substances in exchange for consideration (i.e., buying with payment).
- Acceptance: Receiving narcotic substances from another person without consideration or through delivery in any form (e.g., where someone offers or gifts the substance).
- Possession: Keeping narcotic or psychotropic substances under one’s de facto control, storing them nearby, or keeping them in a location that is easily accessible. The offence of possession may qualify as a continuous offence in nature, requiring that the act continues for a certain period. The substance need not be carried in one’s pocket or on one’s person; keeping it in a place accessible at will may also constitute “possession”.
- Use: The act of taking the narcotic substance into the body and consuming it. This act, in itself, falls directly within the scope of the offence.
A person who commits any of these acts is deemed to have committed the offence of drug use. Since the offence concerns personal use, joint perpetration (participation) is generally not applicable; each person is responsible for his/her own conduct. For instance, individuals using drugs together in the same environment are held separately responsible for their individual acts of use, unless they provide assistance to one another in a manner that gives rise to criminal liability.
With respect to the mental element (mens rea), for purchase/acceptance/possession to constitute an offence, these acts must be committed “for the purpose of use”—that is, the perpetrator must have the specific intent to use the substance personally at a later time. For the act of use, general intent is sufficient; the perpetrator must act knowingly, being aware of the narcotic nature of the substance and the unlawfulness of the conduct.
Penalties and Sanctions for the Offence of Drug Use
As stated above, TCC Article 191/1 prescribes a term of imprisonment between two (2) and five (5) years. However, sanctions in drug use cases are not applied in a rigid or uniform manner. When determining the sentence in light of the concrete facts of the case, courts consider factors such as the perpetrator’s intent, the type and quantity of the substance seized, and the perpetrator’s attitude and conduct at the time of the incident. For example, a first-time user apprehended with a very small quantity may receive a sentence closer to the lower limit, whereas repeat apprehensions or aggravating circumstances may lead to a sentence closer to the upper limit.
At the same time, the legislator aims not only to punish drug users but also to reintegrate them into society. Accordingly, in drug use cases, it may be possible to apply or defer sanctions through alternative mechanisms. Article 191 reflects an approach that encourages the activation of rehabilitation and treatment measures. Institutions such as probation (supervised release), deferment of prosecution, suspension of the pronouncement of the verdict, and suspension of execution of sentence are intended to reform the individual while also protecting public health.
Judicial Control Measure
Judicial control (adli kontrol) is a judicial supervision measure applied as an alternative to detention during investigation or trial. Especially in offences such as drug use, where the statutory maximum penalty is relatively lower, detention may be considered disproportionate; instead, the court or judge may impose judicial control. Under judicial control, obligations such as a travel ban, restriction from visiting certain places, or periodic signature requirements at a police station may be ordered. If the suspect repeatedly and persistently violates these obligations, the judge may revoke judicial control and order detention.
In drug use offences, the duration of judicial control may be applied for up to two (2) years, and may be extended by one (1) additional year if necessary. For example, a court may order weekly reporting and participation in a treatment programme for two years. If the proceedings have not concluded by the end of this period and a risk of absconding or danger is still identified, the measure may be extended for a further year. The person concerned, or his/her counsel, has the right to object to a judicial control order or an extension decision within seven (7) days.
Probation Measure Under TCC Article 191
Probation (denetimli serbestlik) is a rehabilitative measure applied, in particular, to persons apprehended for the first time for drug use. Under TCC Article 191, where a decision is rendered to defer the initiation of public prosecution, probation shall be applied. In the first apprehension, the public prosecutor may decide not to file a public action for a period of five (5) years (deferment of prosecution), without seeking the conditions under Article 171 of the Code of Criminal Procedure (CMK). During this five-year trial period, the suspect is placed under probation for at least one (1) year.
Throughout the probation period, the individual must comply with the designated programme and obligations. Such obligations may include participation in rehabilitation programmes, periodic urine testing at a hospital, and psychosocial support sessions. The law requires the prosecutor to refer the suspect to a healthcare institution at least twice per year to monitor whether drug use continues. If deemed necessary, the individual may also be required to undergo treatment (for example, treatment at an AMATEM clinic).
The probation measure is initially applied for at least one (1) year, but may be extended in six-month periods, up to an additional two (2) years. Accordingly, the probation measure may continue for up to three (3) years in total. In practice, depending on the individual’s circumstances, probation may be terminated after one year if considered sufficient; otherwise, monitoring may be continued through extensions.
Trial Process in Drug Use Offences
Where a person is apprehended for drug use, an investigation phase is initiated. If law enforcement officers seize narcotic substances on the person or among his/her belongings, the incident is documented and the suspect is referred to the courthouse. After reviewing the file, the public prosecutor evaluates whether the conduct falls within the scope of TCC Article 191.
- First-time offenders within personal use quantities: For suspects encountering such allegations for the first time and where the amount of substance is within the limits of personal use, a decision is generally issued to defer the filing of a public action. This provides the person with a five-year opportunity period and the case is not immediately brought before a court. The deferment decision is notified to law enforcement and the relevant probation directorate, thereby initiating the probation process. The suspect must then comply with the obligations described above.
- Where deferment is not applied: If deferment is not granted (for example, where the suspect has previously committed the same offence or has a criminal record for other offences), an indictment is prepared and a public action is filed. In such cases, the suspect—now as a defendant—will be tried before the Criminal Court of First Instance (Asliye Ceza Mahkemesi). During trial, the court assesses matters such as intent at the time of the offence, the validity of evidence, and the quantity of the seized substance. Since this offence is prosecuted ex officio and does not require a complaint, the prosecution conducts the proceedings directly; there is no complainant or victim in the procedural sense.
At the conclusion of trial, if the court is convinced beyond reasonable doubt based on definite and persuasive evidence that the defendant committed the offence, it will render its judgment. Although the penalty ranges between two and five years’ imprisonment, outcomes such as suspension of the pronouncement of the verdict (HAGB) or suspension of execution of the sentence may also be applied, as discussed below. An acquittal may be issued if it is proven that the defendant did not possess or use narcotics, or if evidence is insufficient—consistent with the principle of “benefit of the doubt to the defendant” in criminal procedure.
A key feature of the process is that, under TCC Article 191/2, first-time apprehended individuals are given an opportunity before prosecution. During the five-year deferment period:
- If the suspect complies diligently with obligations and does not again use or possess narcotics, a decision of non-prosecution is issued at the end of the period, meaning that no case is filed and no penalty is imposed. In this scenario, no criminal record entry is created in relation to this offence.
- If the suspect violates probation obligations or is again apprehended for drugs during the deferment period, the prosecutor will promptly file a public action. The deferment ends, and ordinary criminal proceedings commence. Importantly, re-use or re-possession during the deferment period is not prosecuted as a separate offence; instead, the initial deferment decision is revoked and the person is tried for the original offence. In other words, upon a second apprehension, the person is tried for the first incident and does not receive separate penalties for both incidents.
- If, after prosecution begins (i.e., once the person is a defendant), the person commits the offence again, a second deferment under Article 191 is no longer available. In such a case, the new incident may be evaluated together with the case file, and repeated offending will be an adverse factor in sentencing.
In summary, in a first-time incident, the state’s priority is not to send the person to prison, but to grant an opportunity and facilitate rehabilitation. However, if this opportunity is misused or the offence is repeated, criminal sanctions become inevitable.
Application for Individuals Apprehended for the First Time
For many first-time apprehended individuals, the primary concern is whether they will receive imprisonment and whether the incident will appear on their criminal record. Under the framework introduced by the Turkish Criminal Code, first-time offenders may avoid punishment if they take the appropriate steps. Pursuant to TCC Article 191/2, a decision is issued to defer the filing of a public action for five (5) years, on condition that the person is placed under probation for at least one year, as explained above.
Put simply: A person apprehended for the first time while using narcotics or possessing them for personal use may have an opportunity to avoid criminal punishment. If the individual completes the prosecutor’s five-year trial period without breaching any rules, no penalty is imposed and the file is concluded with a non-prosecution outcome. Once this process is completed, no criminal record entry arises in relation to the incident, meaning that the person’s record remains clean. Accordingly, no imprisonment is imposed upon a first apprehension; the individual is instead guided toward social reintegration.
Naturally, this opportunity should not be abused. If the person uses narcotics again during the deferment period or violates probation obligations (such as failing to attend treatment programmes), a public action will be filed and the person may face trial with a penalty of two (2) to five (5) years of imprisonment. In practice, prosecutors commonly initiate prosecution against individuals who repeatedly test positive during probation controls or fail to comply with programme requirements. In such cases, the opportunity is deemed not to have been utilised effectively and the court process begins.
Note: The law provides an opportunity not only after apprehension, but also before the authorities become aware of the offence. Under the effective remorse provisions regulated in TCC Article 192, if a user voluntarily applies to competent authorities for treatment before the authorities learn of the offence, or assists in apprehending suppliers by identifying the persons from whom the drugs were procured, no penalty is imposed. The issue of effective remorse in drug offences is addressed in another article.
Suspension of the Pronouncement of the Verdict (HAGB) and Suspension of Execution of Sentence
If a conviction is rendered at the end of trial for the offence of drug use, the court may consider two additional mechanisms: (i) suspension of the pronouncement of the verdict (HAGB), or (ii) suspension of execution of the imprisonment sentence. These institutions may prevent the direct execution of imprisonment—particularly for first-time offenders or defendants receiving lower sentences—by providing an additional opportunity.
- Suspension of the pronouncement of the verdict (HAGB): The court may impose a sentence but defer the pronouncement of the verdict for five (5) years. For an HAGB decision, the defendant must have no prior conviction for an intentional offence, the imposed sentence must be two (2) years or less of imprisonment (or a judicial fine), and the defendant must consent. In drug use cases, courts may often sentence closer to the lower limit, and a term around two years may fall within the scope of HAGB. If HAGB is granted, the defendant is subject to supervision for five years; if the defendant does not commit an intentional offence and complies with any imposed probation measures, the judgment is not pronounced and the case is dismissed. If an intentional offence is committed within this period, the deferred judgment is pronounced and the enforcement process begins. An HAGB decision is not recorded in the standard criminal record; it remains in the confidential judicial archive record.
- Suspension of execution of sentence: Where a defendant is sentenced to imprisonment, if the sentence is two (2) years or less and the defendant has no prior criminal record, the court may suspend execution of the sentence (TCC Article 51). Under suspension, the conviction is pronounced and the defendant is deemed convicted, but the defendant does not enter prison unless the suspension is revoked. The court typically sets a supervision period of one (1) to three (3) years, during which the defendant must not become involved in further offences. If necessary, the court may also impose obligations such as continued rehabilitation participation or restrictions from certain places. If the supervision period is completed successfully, the sentence is deemed executed; if an intentional offence is committed, the suspended sentence is enforced.
Both HAGB and suspension are frequently applied in offences such as drug use, which may be considered comparatively less severe in practice. Particularly for individuals who commit an offence for the first time, show remorse, and demonstrate willingness to receive treatment, these mechanisms may be applicable. For instance, where a user loses the probation opportunity and proceeds to trial, the court may impose a two-year sentence and either grant HAGB or suspend execution. In this way, the individual may avoid prison and mitigate long-term consequences, provided that no further offences are committed.
Conclusion and Assessment
In conclusion, the offence of drug use is a criminal offence under Turkish law, but it is structured in a manner that initially prioritises rehabilitation and supervision rather than immediate imprisonment. The law emphasises probation and treatment mechanisms as part of the broader struggle against addiction. Nevertheless, if the individual fails to benefit from these opportunities and continues to offend, imprisonment may ultimately become unavoidable.
Individuals who are subject to an investigation for the offence of drug use or who encounter similar legal problems should consult an experienced criminal defence lawyer in order to avoid loss of rights and to exercise legal remedies properly. Matters such as procedural errors, management of probation measures, and potential requests for HAGB or suspension can thereby be handled effectively. For further information, you may contact Bektaş Law Office and its specialised team.
