What are the Types of Narcotic and Stimulant Substances? Legal Assessment within the Scope of the Turkish Penal Code

Narcotic and stimulant substances constitute the subject matter of crimes regulated in Articles 188 to 192 of the Turkish Penal Code, in terms of criminal law. However, the concept of narcotic substances is not limited solely to the substances individually listed in the Turkish Penal Code. In determining the legal nature of narcotic and stimulant substances, in addition to the Turkish Penal Code, Law No. 2313 on the Supervision of Narcotic Substances , Law No. 3298 on Narcotic Substances , and regulatory acts concerning the control of specific substances are also taken into account.

Therefore, the fact that a substance is commonly known as "drug," "bonzai," "pill," "crystal," "weed," or by any other name is not sufficient on its own from a criminal law perspective. The chemical composition, the active ingredients it contains, whether it is under control according to legislation, and, if necessary, whether it possesses narcotic or stimulant properties through forensic laboratory analysis must be determined.

Law No. 3298 regulates substances such as opium, opium alkaloids with morphine-like properties, and coca leaves, but it also allows for the inclusion of other natural or synthetic substances found to be harmful and addictive within the scope of the legislation. Therefore, it is possible to control new psychoactive substances that have emerged as a result of technological and chemical developments over time.

The Concept of Narcotic or Stimulant Substances According to the Turkish Penal Code

The Turkish Penal Code does not contain a closed and limited list covering all narcotic and stimulant substances.

Instead, Article 188 of the Turkish Penal Code generally uses the term "narcotic or stimulant substance," and prescribes a harsher penalty if certain substances constitute the subject matter of the crime.

The key consequence of this system is this:

The fact that a substance is not listed in Article 188/4 of the Turkish Penal Code does not mean that it cannot be the subject of drug or stimulant offenses.

For example, cannabis is not explicitly listed among the substances requiring a 50% increase in punishment under Article 188/4-a of the Turkish Penal Code. However, possessing or selling cannabis for commercial purposes may constitute the crime of drug trafficking under Article 188/3 of the Turkish Penal Code.

According to the current amendment to Article 188/4-a of the Turkish Penal Code, a narcotic or stimulant substance;

heroin, cocaine, morphine, basmorphine, synthetic cannabinoids and derivatives, synthetic cathinones and derivatives, synthetic opioids and derivatives, or amphetamines and derivatives

If this occurs, the penalty determined under Article 188 of the Turkish Penal Code is increased by half. Synthetic cathinones, synthetic opioids, and amphetamines and their derivatives were explicitly added to this scope with the amendment made in 2023.

1. Marijuana and Cannabis Derivatives

One of the most common drugs in Türkiye is cannabis. Cannabis generally refers to products obtained from the hemp plant, and its psychoactive effects largely come from a substance known as THC.

Marijuana;

• marijuana,
• hashish,
• powdered cannabis,
• Cannabis products in resin form,
• scrooge

It can appear in various forms, such as these.

From a criminal law perspective, an important point is to distinguish between cannabis, which is a natural cannabis product, and synthetic cannabinoids .

Selling, giving away, shipping, transporting, or possessing cannabis for commercial purposes may be considered under Article 188 of the Turkish Penal Code.

If a person purchases, accepts, or possesses cannabis solely for their own use, Article 191 of the Turkish Penal Code .

According to Article 191/1 of the Turkish Penal Code, a person who purchases, accepts, possesses, or uses narcotic or stimulant substances for personal use to imprisonment for two to five years . However, the same article also regulates a special system regarding the postponement of the public prosecution, supervised release, and treatment when necessary.

2. Synthetic Cannabinoids: Bonzai and Similar Substances

Synthetic cannabinoids refer to a wide variety of chemical compounds produced in laboratories to mimic the effects of natural cannabis.

In Türkiye, various types of these substances are used in street slang, especially:

Bonzai, Jamaica, Spice

It can be referred to by names such as these.

However, from a criminal law perspective, it's not the street name that matters, but the chemical composition of the substance.

Synthetic cannabinoids are of particular importance under the Turkish Penal Code (TCK). This is because Article 188/4-a explicitly defines "synthetic cannabinoids and their derivatives" as an aggravated offense

Therefore, for example, if the basic form of the crime of drug trafficking falls under Article 188/3 of the Turkish Penal Code and the drug is determined to be a synthetic cannabinoid, the determined sentence is further increased by half.

Therefore, there is a significant legal difference between natural cannabis and synthetic cannabinoids in terms of determining the penalty.

3. Heroin

Heroin is an opioid derivative and one of the most highly addictive substances.

Heroin is specifically mentioned in Article 188 of the Turkish Penal Code.

Therefore, heroin;

If the item is sold, offered for sale, given to another person, shipped, transported, stored, or purchased, accepted, or possessed for commercial purposes, Article 188/3 of the Turkish Penal Code shall apply first.

However, since the substance is heroin, the penalty is increased by half according to Article 188/4-a of the Turkish Penal Code.

One important point to note here is that the drugs do not necessarily have to be sold for money.

Article 188/3 of the Turkish Penal Code also criminalizes the act of "giving to others."

Therefore, giving heroin to another person without receiving any payment can also be considered a drug trafficking crime if the conditions are met.

4. Morphine and Basmorphine

Morphine is a potent opioid primarily used for medical purposes, but its potential for abuse and addiction makes it a highly regulated substance.

Both morphine and basmorphine are explicitly listed in Article 188/4-a of the Turkish Penal Code .

Therefore, if the unlicensed or illegal trade of morphine is carried out under Article 188 of the Turkish Penal Code, an additional penalty of half the basic penalty will be applied.

Here, it is necessary to distinguish between medical use and unlawful distribution. The availability of a drug legally prescribed to a patient and used for treatment purposes does not produce the same legal effect as the unlawful trade of the same substance.

5. Cocaine

Cocaine is a potent central nervous system stimulant derived from the coca plant.

Cocaine and its various forms are one of the most important types of narcotics in criminal investigations.

Since cocaine is explicitly listed in Article 188/4-a of the Turkish Penal Code , the penalty for cocaine trafficking offenses is increased by half according to the basic provisions of Article 188 of the Turkish Penal Code.

If it is determined that the person possessed the cocaine solely for personal consumption, then Article 191 of the Turkish Penal Code may be applied instead of Article 188.

However, this distinction cannot be made solely by looking at the amount of drugs found in grams.

6. Amphetamine and Amphetamine Derivatives

Amphetamines are a group of substances that produce strong stimulant effects on the central nervous system.

In this group;

• amphetamine,
• methamphetamine,
• amphetamine derivatives of various synthetic substances

It can be included.

Methamphetamine , in particular , is referred to in practice by names such as "crystal," "crystal meth," or similar terms.

As a result of the amendment made by Law No. 7445 dated March 28, 2023, "amphetamine and its derivatives" was added to Article 188/4-a of the Turkish Penal Code.

Therefore, if the seized substance is determined to be amphetamine or a derivative considered to be within this scope during forensic examination, this may result in the penalty for drug trafficking offenses being increased by half.

In cases involving methamphetamine, examining the forensic report that details the exact chemical properties of the substance is of paramount importance.

7. Ecstasy and MDMA

One of the most commonly known active ingredients in tablets known as ecstasy is MDMA.

However, "ecstasy" is not a single, specific chemical substance name in a legal sense. The seized tablets may contain other psychoactive or narcotic substances besides MDMA.

Therefore, a legal classification should not be made in a case solely based on the appearance of the tablet or the fact that it is called "ecstasy.".

According to the criminal laboratory report;

• which active ingredient is present,
• chemical properties of matter
• whether it is an amphetamine derivative

It must be determined.

If the substance is considered to fall under the category of "amphetamine and its derivatives" within Article 188/4-a of the Turkish Penal Code, the application of aggravating circumstances provisions may come into question.

8. Synthetic Cathinones

Synthetic cathinones are one of the important groups of new generation psychoactive substances that have emerged in recent years .

This group includes various chemical compounds, and in practice, substances such as mephedrone or alpha-PVP may be encountered.

A significant legal change regarding synthetic cathinones was made in 2023.

Article 188/4-a of the Turkish Penal Code "synthetic cathinones and their derivatives ." Therefore, if the substance involved in drug trafficking is determined to belong to this group, the penalty is increased by half.

One of the main aims of this regulation is to combat more effectively the new generation of synthetic drugs that are constantly being introduced to the market with altered chemical structures.

9. Synthetic Opioids and Fentanyl

Opioids are a broad group of substances that produce morphine-like effects.

Fentanyl and similar synthetic opioids, which have caused serious health problems worldwide, especially in recent years, are important examples of this group.

In 2023, "synthetic opioids and their derivatives" was added to Article 188/4-a of the Turkish Penal Code.

Accordingly, if the subject matter of the drug trafficking crime is synthetic opioids or their derivatives, the penalty is increased by half.

However, here too, it is necessary to determine through technical analysis whether the substance is truly a synthetic opioid.

10. LSD and Hallucinogenic Substances

LSD is a synthetic substance with potent hallucinogenic effects.

In addition;

• psilocybin,
• DMT,
• mescaline

There are also various hallucinogenic or psychoactive substances, such as those mentioned.

In assessing the legal status of these substances, it is necessary to investigate whether the substance in question is among the narcotic or stimulant substances controlled in Türkiye.

The fact that a substance is not on the special list in Article 188/4-a of the Turkish Penal Code does not mean that it cannot be considered a narcotic substance under Articles 188 or 191 of the Turkish Penal Code.

However, the 50% increase specified in Article 188/4 applies only if the groups of substances listed in the law are present.

11. Can Prescription Medications Be Considered Narcotic Substances?

One of the major problems is the situation with prescription drugs that cause addiction or psychoactive effects.

Not all prescription drugs are narcotics.

However, Article 188/6 of the Turkish Penal Code contains an important provision.

According to this provision;

The provisions of Article 188 of the Turkish Penal Code can also be applied to substances whose production is subject to the permission of official authorities or whose sale is subject to a prescription issued by an authorized physician, and which have narcotic or stimulant effects.

Therefore, obtaining, selling, or distributing certain prescription drugs (either red or green) without a prescription and for commercial purposes may result in serious criminal liability, depending on the specific circumstances of the case.

However, it is incorrect to automatically classify a drug under Article 188 of the Turkish Penal Code simply because it requires a prescription. The nature of the drug, its active ingredient, its legal status, and the act committed must all be evaluated separately.

12. Intermediate Substances Used in Drug Production

The Turkish Penal Code does not only regulate drugs themselves.

Article 188/7 of the Turkish Penal Code contains a specific type of crime related to substances that, although they do not produce a narcotic or stimulant effect, are used in the production of narcotic or stimulant substances and whose import or manufacture is subject to the permission of official authorities.

These can be described in practice as "precursors" or precursor chemicals used in drug production.

Therefore, the fact that the chemical substance found on a person does not have a direct narcotic effect does not mean that no criminal liability will arise.

Does the type of drug affect the punishment?

Yes.

The type of narcotic or stimulant substance is directly important in determining the punishment, especially under Article 188 of the Turkish Penal Code.

According to Article 188/4-a of the Turkish Penal Code, the subject matter of the crime is:

heroin, cocaine, morphine, basmorphine, synthetic cannabinoids and derivatives, synthetic cathinones and derivatives, synthetic opioids and derivatives, or amphetamines and derivatives

If this occurs, the penalty determined according to the relevant provisions of Article 188 of the Turkish Penal Code will be increased by half.

For example, Article 188/3 of the Turkish Penal Code stipulates that anyone who sells, offers for sale, gives to another person, dispatches, transports, stores, or purchases, accepts, or possesses narcotic or stimulant substances within the country for commercial purposes subject to imprisonment for a period of not less than ten years and a judicial fine ranging from one thousand to twenty thousand days . If the person to whom the substance is sold or given is a child, the imprisonment sentence cannot be less than fifteen years.

If the narcotic substance is one of the aforementioned qualified substances, an additional penalty will be increased by half.

The Difference Between Possessing Drugs for Personal Use and Drug Trafficking

One of the most important legal debates in drug offenses is whether the seized substance;

Whether it is kept for personal use or for commercial purposes.

Because the criminal consequences of the two possibilities are vastly different.

If it is for personal use, then Article 191 of the Turkish Penal Code;

If it is for commercial purposes or for supplying to another party, then Article 188 of the Turkish Penal Code applies

It comes up on the agenda.

According to Article 188/3 of the Turkish Penal Code, it is not necessarily required that the drugs be sold for money. Since "giving to others" is regulated as a separate alternative act in the law, even obtaining drugs free of charge may constitute a crime under Article 188 of the Turkish Penal Code, depending on the specific circumstances of the case.

The quantity of the substance alone is not sufficient

One common mistake in practice is the assumption that drugs below a certain gram limit are automatically considered "personal use," while amounts above that limit are automatically considered "trafficking.".

The Turkish Penal Code does not specify a definitive gram limit applicable to all narcotic substances.

The Supreme Court's Criminal General Assembly also made a distinction between commercial and personal use;

• the amount of the drug,
• type of drug,
• the place where it is located,
• packaging method,
• person's behavior
• The existence of more than one different type of drug,
• whether it is compatible with drug use habits

It acknowledges that criteria such as these should be evaluated together.

For example, the presence of a precision scale alongside numerous small packages of drugs, the discovery of messages related to sales, or the discovery of a large quantity of different types of drugs together can be considered evidence of a trafficking intent.

However, the mere fact that the quantity involved is large does not definitively prove that the crime of drug trafficking has been committed in every case. The perpetrator's usage habits and all the specific circumstances of the case must be evaluated.

Are all addictive substances considered drugs under the Turkish Penal Code?

No.

This is one of the important issues from the perspective of criminal law.

A substance;

• addictive,
• affecting consciousness,
• to cause intoxication or
• harmful to health

It alone does not make that substance a narcotic or stimulant within the meaning of Article 188 or Article 191 of the Turkish Penal Code.

Alcohol, certain volatile substances, or various chemicals can seriously affect human behavior and the central nervous system, but their legal regimes may differ.

Therefore, in a criminal investigation, it is essential to first definitively determine which chemical substance was seized and whether it falls under the scope of narcotics legislation

The Importance of Criminal Laboratory Reports

In drug cases, the type of substance seized often directly affects not only whether a crime has been committed, but also the severity of the punishment to be imposed.

Because;

Reports issued by the Forensic Medicine Institute, the General Directorate of Security's Criminal Department, the Gendarmerie Criminal Department, or authorized laboratories

It is important evidence in court proceedings.

Especially if a 50% increase in the penalty is requested under Article 188/4 of the Turkish Penal Code, it must be clearly and unequivocally established which chemical compound the substance contains.

For example, simply labeling the seized substance as "bonzai" is not sufficient. Technical analysis may be necessary to determine which synthetic cannabinoid it contains.

The same is true for substances known by their street names such as "ecstasy," "crystal," or others.

Conclusion

In Turkish criminal law, narcotics and stimulants do not belong to a single group. Numerous substances, ranging from cannabis and hemp derivatives to heroin, cocaine, synthetic cannabinoids, methamphetamine, synthetic cathinones, and synthetic opioids, can be the subject of drug-related crimes.

However, in a legal assessment, three fundamental issues must be distinguished from each other:

Firstly, it is important to determine whether the seized substance legally qualifies as a narcotic or stimulant.

Secondly, it is determined whether the substance is one of the following, which carries a heavier penalty under Article 188/4 of the Turkish Penal Code: heroin, cocaine, morphine, basmorphine, synthetic cannabinoid, synthetic cathinone, synthetic opioid, or amphetamine and its derivatives.

The third factor is the purpose for which the drug is possessed.

While personal use is evaluated under Article 191 of the Turkish Penal Code, acts such as selling, offering for sale, giving to another person, shipping, transporting, storing, or possessing for commercial purposes are evaluated under Article 188 of the Turkish Penal Code, which prescribes much harsher penalties.

Therefore, in drug-related crimes, it is not possible to reach a legal conclusion solely based on the quantity of the substance seized or its street name. The chemical composition of the substance, forensic reports, purpose of possession, quantity, packaging method, location of seizure, communication records, and all other evidence in the file must be examined together.

In particular, the distinction between Article 188 and Article 191 of the Turkish Penal Code can completely alter the criminal sanctions a person will face; therefore, each investigation and prosecution related to drug or stimulant offenses must be evaluated separately according to the specific characteristics of the case.