The Crime of Purchasing Narcotic or Stimulant Substances for Use

 Formation of the Crime

For the crime of purchasing, accepting, or possessing narcotic or stimulant substances for personal use to occur, these substances must either have been purchased or received free of charge. A person caught with a substance containing narcotic or stimulant drugs, provided that the amount does not exceed the limits of personal use, is considered to have committed the crime of purchasing, accepting, or possessing narcotic or stimulant substances for personal use. This crime is subject to various penalties.

The Supreme Court has established limits for personal use. For cannabis, the limit is set at “3 times a day, 1-1.5 grams,” and for heroin, “60 milligrams.” Exceeding these limits cannot be considered possession for personal use. In this case, the crime of “manufacturing and trafficking of narcotic or stimulant substances,” as defined in Article 188 of the Turkish Penal Code, applies, and this crime is subject to more severe penalties than possession or use.

The fundamental aim of criminal law is not so much to punish the offender and remove them from social life, but rather to rehabilitate them. Therefore, before punishing a person who uses, possesses, or accepts drugs, attempts are made to implement rehabilitative measures. In this context, the practice of "supervised release" comes into play.

penalties

A person who purchases, accepts, or possesses narcotic substances for personal use shall be punished with imprisonment from two to five years, in accordance with Article 191 of the Turkish Penal Code. However, this article also stipulates that the public prosecution of the suspect may be suspended for a period of five years during the investigation initiated in relation to the crime. The suspect is obliged to fulfill the obligations imposed upon him during the suspension period; otherwise, he may face various sanctions.

During this probation period, the suspect is placed under supervised release for a minimum of one year, and this period can be extended in three-month increments for a maximum of one more year at the request of the prosecutor. The person under supervised release may also undergo treatment if deemed necessary.

If the suspect fails to fulfill their obligations during the probation period and uses, purchases, or accepts drugs or stimulants again, a public prosecution will be initiated against them. This prosecution will be based on the breach of obligations, and no further investigation or prosecution will be conducted.

If the suspect complies with their obligations and does not violate the prohibitions during the deferment period, a decision will be made not to prosecute them.

Furthermore, if crimes such as purchasing, accepting, or possessing narcotics or stimulants are committed in the vicinity of public spaces such as schools, dormitories, hospitals, barracks, and places of worship, the penalty is increased by half. In this case, the sentence may be imprisonment for a period of three to seven and a half years.

Crimes involving narcotics or stimulants may be considered under the scope of effective repentance. If the suspect reveals from whom, where, and when they obtained the substances before the authorities become aware of the crime, thereby enabling the apprehension of the perpetrators and the seizure of the substances, no punishment will be imposed.

Furthermore, if a person assists in uncovering a crime and apprehension of other criminals after the authorities have received information about the crime, the sentence imposed may be reduced by one-quarter to one-half, depending on the nature of the assistance.

If a person using drugs requests treatment from the authorities before an investigation is initiated, they will not be punished.

In summary, the legislator has defined in the Turkish Penal Code the effective methods to be followed before implementing rehabilitative measures and penalties for individuals who use or possess narcotic substances. Punishment is considered only as a last resort, and penalties are applied only to those who do not abandon their bad habits.