Introduction

Narcotic offenses and crimes involving psychotropic substances are regulated under three separate articles in the Turkish Penal Code (Articles 188, 190, and 191), each situated in different sections of the Code. These offenses are categorized based on the nature of the act—drug trafficking, facilitation of drug use, and possession or purchase for personal use.

In this article, we will analyze these offenses under three main headings in light of the Turkish Penal Code and relevant special legislation, including the Police Powers Law (No. 2559), Gendarmerie Law (No. 2803), Coast Guard Command Law (No. 2692), Pharmaceutical and Medical Products Law, Smuggling Law (No. 5607), and Anti-Money Laundering Law (No. 4208), among others.

1. Drug Trafficking and Production (Article 188)

Article 188 of the Turkish Penal Code criminalizes the unauthorized production, import, export, sale, supply, storage, and transportation of narcotic and psychotropic substances.

Key Provisions:

• Producing, importing, or exporting such substances without a license is punishable by at least 10 years of imprisonment and a judicial fine up to 20,000 days.

• Selling, supplying, delivering, transporting, or storing these substances without authorization leads to 5 to 15 years of imprisonment and a fine up to 20,000 days.

• If the offense involves heroin, cocaine, morphine, or base morphine, the sentence is increased by half.

• If committed by members of an organized criminal group, penalties are similarly aggravated by 50%.

• Those who trade or transport precursor chemicals intended for the production of narcotic substances without a license also face a minimum of 4 years’ imprisonment and significant fines.

• When committed by health professionals (e.g., doctors, pharmacists, chemists, veterinarians, nurses), the penalty is increased by half.

2. Facilitating Drug Use (Article 190)

Article 190 criminalizes acts that facilitate the use of narcotic or psychotropic substances, including:

• Providing premises, equipment, or materials for drug consumption.

• Aiding users to evade arrest or instructing others on how to use drugs.

The base penalty is 2 to 5 years of imprisonment. If the offense is committed by a person in the medical or pharmaceutical professions, the penalty is increased by 50%.

Additionally, open encouragement or media publications promoting drug use are also punished with 2 to 5 years of imprisonment.

3. Possession or Use of Narcotics (Article 191)

Article 191 regulates drug use, possession for personal use, and self-cultivation:

• Individuals who purchase, accept, or carry drugs for personal use face 1 to 2 years of imprisonment.

• Those who cultivate narcotic plants for personal use are also penalized under this article.

Judicial Control and Rehabilitation Measures:

• Courts may impose treatment and supervision orders instead of immediate imprisonment.

• The person is placed under controlled liberty in a treatment institution and assigned a specialist to provide rehabilitation and education.

• Following treatment, behavioral monitoring continues for an additional year, and may be extended up to three years.

• Non-compliance with treatment or monitoring conditions can lead to execution of the original sentence.

• In some cases, sincere repentance provisions may apply, potentially reducing or dismissing the penalty depending on judicial evaluation.

Conclusion

Turkish law imposes strict penalties for narcotic and psychotropic substance offenses, differentiating between production and trafficking, facilitation, and personal use or possession. The severity of the punishment varies based on the nature of the act, the type of substance involved, and the status of the offender (e.g., health professionals).

In addition to punitive measures, Turkish law emphasizes rehabilitation and control for individuals who possess or use narcotics for personal purposes, reflecting a dual approach of criminal justice and public health policy.