Prohibited Substance Crimes

1. Introduction

Drug-related crimes the victim of the crime is addicted or at risk of becoming addicted in the future . In Turkey, Article 188 of the Turkish Penal Code (Law No. 5237), titled "Manufacturing and Trading of Narcotic or Stimulant Substances," and Article 191, titled "Purchasing, Accepting, Possessing, or Using Narcotic or Stimulant Substances for Use," legally regulate the distinction between sellers and users. This article will first the seller-user distinction , then evaluate its criminal sanctions, elements to be considered in practice, and practical consequences in terms of sentencing and enforcement. As lawyers, we will also present the legal justifications for which strategies can be followed for our clients.

2. The Legal Nature of the Distinction Between Seller and User

2.1. The act of drinking (using)

According to Article 191, paragraph 1 of the Turkish Penal Code: “A person who purchases, accepts, or possesses narcotic or stimulant substances for personal use, or who uses narcotic or stimulant substances, shall be punished with imprisonment from two to five years.” In other words, the element of crime in the act of using possession for personal use; there is no intention to sell. In judicial practice, treatment-rehabilitation -focused approach – such as postponement of public prosecution or supervised release – has emerged in this crime.
Therefore, a person in the position of a user is generally lighter regime in terms of criminal responsibility: if possession for personal use is determined, the basic sentence ranges from 2 to 5 years.

2.2. The act of a seller (trader)

In contrast, according to Article 188/3 of the Turkish Penal Code (TCK), "Anyone who sells, offers for sale, gives to others (provides), dispatches, transports, stores, buys, accepts, or possesses narcotic or stimulant substances within the country" shall be punished with imprisonment of not less than ten years. Furthermore, if the sale involves children, the sentence cannot be less than fifteen years . (TCK Article 188/3, sub-sentence)
This provision assumes that the seller's action for commercial purposes , thus opening up a more severe penalty area in criminal policy. Additionally, acts of manufacturing, importing, and exporting (TCK Article 188/1-2) prescribe upper limits of sentences ranging from 20 to 30 years.

2.3. The importance of distinction

The distinction between seller and user is of great importance in legal practice:

The degree of fault and the extent of responsibility differ: a drinker may have acted out of addiction, while a seller is usually engaged in profit-driven activity.
Penalty amount: The minimum penalty is low for users, and high for sellers, with aggravating circumstances possible.
Protective/rehabilitative aspect: From the user's perspective, protective measures are prioritized over burdensome ones; from the seller's perspective, deterrence is paramount.
In terms of evidence: For seller actions, elements such as "preparation, packaging, weighing, shipping/transportation" are sought; for the act of a consumer, the criterion of "personal use" is important. This distinction determines the nature of the decision in court.

3. Criminal Sanctions According to the Turkish Penal Code and the Code of Criminal Procedure

3.1. Regulation for the drinker – Turkish Penal Code Article 191

The penalty range is 2 to 5 years imprisonment.
The penalty is increased if the crime is committed near places where people gather in large numbers, such as schools, places of worship, or dormitories (for example, from 3 to 7.5 years).
Furthermore, under the Code of Criminal Procedure and related legislation to postpone the public prosecution ; referral for treatment may also be possible.

From a judicial interpretation perspective: "If the quantity possessed is small and the purpose of use is clear, it should be considered an act of consumption and a lighter penalty should be applied; however, if the person delivering or transporting the substance is a packager, it should be considered an act of selling."

3.2. Regulation for the seller – Turkish Penal Code Article 188

Basic penalty: 20-30 years imprisonment for manufacturing/importing/exporting + a judicial fine of 2,000-20,000 days.
Selling, offering for sale, giving away, transporting, or storing: at least 10 years imprisonment + a judicial fine of 1,000-20,000 days.
Aggravating circumstances such as selling to children, committing the crime near sensitive areas like schools or dormitories, and organized crime increase the penalty by half.
From a criminal law perspective, within the framework of the Code of Criminal Procedure, elements such as the proper collection of evidence, the protection of individual rights, and the proof of membership or connection to an organization must be evaluated by the judge in a reasoned manner.

3.3. In terms of implementation and execution

The seller is tried in a high criminal court; the user is usually tried in a lower court.
In the penal system, the long prison sentence for the seller is indirectly important in terms of the time served and conditional release. For the user, there are more opportunities for treatment and supervised release
For example, in the case of a drinker, the sentence may be dropped if a suspended public prosecution and treatment obligation are applied; however, there is no such lenient regime for a dealer.

4. Points to Consider During Implementation

4.1. Nature of the act and evidentiary status

In the distinction between consumer and retailer, elements such as "packaging, weighing, wrapping, easily accessible sales area, transportation, and storage" are considered evidence in favor of the retailer.
Personal use limit — the court needs evidence to consider the person a user. Otherwise, the severe penalty prescribed for the seller comes into play.
The suspect's statement, expert report, expert toxicology examination, weighing, and packaging factors should be decisive in the decision.

4.2. Simple possession vs. possession for commercial purposes

A single small quantity intended for personal use, if not in a ready-to-sell package, may be considered a drinker.
However, if there are numerous packages, precision scales, and signs indicating preparation for sale, then the seller's actions become relevant. This distinction greatly influences court decisions.

4.3. Aggravating/mitigating circumstances

The penalty is increased if the offense is committed within 200 meters of public places such as educational institutions, dormitories, and hospitals.
Child trafficking, organized processing, and resistance to treatment are also factors that increase the risk.
Factors such as good conduct, voluntary surrender, and genuine remorse may lead to a reduction in the seller's sentence (Turkish Penal Code Article 192, genuine remorse)

5. Legal Assessment and Equity Analysis

5.1. Severe punishment for the seller

The high penalties imposed on drug dealers are important because the act of selling represents a significant social harm, defined as "giving addictive substances to others for profit." In this respect, Article 188 of the Turkish Penal Code provides a reasonable framework for punishment.
However, in practice, the proportionality of the punishment, the correction of evidence, and the execution of the sentence. For example, subjecting numerous defendants to the same punishment for drug dealing based on the allegation of possession below the "use limit" can undermine the perception of justice.

5.2. Rehabilitation-focused approach for the drinker

Users are individuals at risk of addiction, often requiring social assistance and treatment. In this respect, it is debatable whether criminal law or preventive/protective lawshould prevail. The 2-5 year sentence and the possibility of postponing public prosecution stipulated in Article 191 of the Turkish Penal Code are significant in this regard.
From an equitable standpoint, the amount used, the level of addiction, and the willingness to seek treatment are important in mitigating the sentence.

5.3. Proper application of the distinction between seller and consumer

According to the fundamental principle of justice in law, it is necessary to correctly determine whether a person is a user or a dealer. Incorrect classification can undermine criminal justice: if a person who should be considered a user is sentenced to a harsh penalty as a dealer, the principle of fairness is violated. On the other hand, treating a person who is a dealer as a user can lead to impunity or lenient sentences for the crime, which weakens public safety.

6. A Strategic Approach from a Lawyer's Perspective

6.1. Smoker's defense strategy

the evidence the purpose of use(e.g., not in packaging, but in one piece, etc.).
Addiction diagnosis, treatment history, and referral for treatment documents can be submitted to the file.
Early intervention is necessary for the postponement of public prosecution (Article 231 of the Code of Criminal Procedure) or the application of supervised release measures.

6.2. Seller defense strategy

the act was not for profitor that the elements of packaging/weighing/shipping/transportation were absent.
Concrete evidence should be required to support claims of organizational or network connections .
If there is evidence of effective repentance (Turkish Penal Code Article 192) or irregularities regarding the evidence, these must be rejected in the defense.

7. Conclusion

In drug-related crimes, the distinction between dealer and user is a fundamental limitation – a mechanism of responsibility and punishment – from the perspective of criminal law. The act of using is often focused on treatment and rehabilitation; dealing, on the other hand, severe, deterrent sanctions. Articles 188 and 191 of the Turkish Penal Code clearly regulate this distinction.
From the standpoint of justice and fairness, it is crucial that the court only applies the range of penalties stipulated in the law , but also carefully considers the nature of the act, the personal circumstances of the perpetrator, the societal harm, and the principle of proportionality. An excessively harsh penalty for a user and an excessively lenient approach for a dealer are incompatible with the principles of the rule of law.
In conclusion:

law prescribes severe penalties for drug traffickers (dealers), ranging from 10 years to 20-30 years, and even life imprisonment; for users (those possessing drugs for personal use), the penalty is 2-5 years, with the possibility of treatment or supervised release.
This distinction is established by considering both the nature of the crime and the social role of the perpetrator.

Justice and punishment for drugs, penal execution of drug offenses, rehabilitation measures for users, organized drug crimes, severe punishment for dealers, dealer versus user, the difference between dealer and user in Turkey, Article 188 of the Turkish Penal Code (TCK) drug trafficking, Article 191 of the TCK (TCK) user penalty, penalty for possession of narcotics, penalty for using narcotics, penalty for selling narcotics, interpretation of drug offenses, provisions on drug trafficking, criminal law for drug offenses.

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