1. Basic Penalty for Drug Use Offense According to Article 191, Paragraph 1 of the Turkish Penal Code (Law No. 5237); 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. As emphasized in the decisions of the Supreme Court’s General Criminal Assembly and the Constitutional Court, with the amendment made by Law No. 6545, the lower limit of the penalty has been set at two years. In cases where the offense was committed at an earlier date, it is observed that older provisions, which stipulated imprisonment from one to two years, can also be discussed within the scope of evaluating more favorable laws.

2. Legal Procedure for First-Time Offenders According to judicial decisions, in investigations initiated for drug use offenses, direct imprisonment is not applied to first-time suspects; instead, a special deferment mechanism is put into effect:

  • Deferment of the Filing of a Public Lawsuit: According to Article 191/2 of the TCK, in investigations initiated for this offense, it is decided to defer the filing of a public lawsuit for five years regarding the suspect, without seeking the conditions stipulated in Article 171 of the CMK.
  • Supervised Release Measure: During the deferment period, a minimum one-year supervised release measure shall be applied to the suspect. During this period, it may also be decided to subject the person to treatment.
  • Decision of Non-Prosecution: If the suspect complies with the obligations imposed on them during the five-year deferment period, and does not use or possess narcotic drugs again, at the end of the deferment period, a decision of “non-prosecution” is made regarding them. In this case, the person does not receive a prison sentence and it is not recorded as a conviction in their criminal record.

3. Imposition of Prison Sentence and Conditions of Execution A person arrested for the first time can only be imprisoned if they violate their obligations during the deferment period. The violation situations specified in the decisions are as follows:

  • Persisting in not complying with the obligations imposed on them or the requirements of the treatment,
  • Purchasing, accepting, possessing, or using narcotic drugs again.

Should these violations occur, the deferment decision is revoked, and a public prosecution is initiated. If a conviction is rendered as a result of the trial, the prison sentence is executed. In some Supreme Court decisions (e.g., 10th Criminal Chamber 2023/4869Source), there are also examples where the prison sentence was converted to a judicial fine.

4. Information from Secondary Sources and Additional Context Decisions that are secondary sources provide the following additional contexts regarding the crime of drug use:

  • Alternative Sanctions: In some cases, courts are observed to be able to convert prison sentences into alternative sanctions, such as “prohibition from entering places where alcoholic beverages are sold,” in accordance with Article 50/1-d of the TCK.
  • Recidivism and HAGB: It is emphasized that for those caught for the first time, the mechanism of Suspension of the Pronouncement of the Verdict (HAGB) can be applied, but if a new crime is committed within the probation period, this verdict will be pronounced and the execution of the prison sentence will commence.
  • Distinction with Trafficking: It is stated that criteria such as the quantity of the substance found on the person, its packaging method, and the place where it was seized, determine whether the act is “usage” or “trafficking”; and that the crime of trafficking (TCK 188) carries much heavier prison sentences (5-15 years).
  • Procedural Errors: It is stated that in cases where postponement decisions are not duly notified or do not become final, opening a direct lawsuit due to subsequent actions is unlawful, and a “stay” or “dismissal” decision should be rendered.

In summary: Although the penalty for drug use is 2 to 5 years imprisonment, for those caught for the first time, by legal obligation, the filing of the lawsuit is postponed for 5 years and supervised probation is applied. Individuals who do not violate this process are not imprisoned.