Drug Laws in Turkey 2026: Penalties for Foreigners

Turkey has some of the strictest drug laws in the world. Being a transit corridor between Asia and Europe, the Turkish State enforces a “Zero Tolerance” policy.

For a tourist or expat, the line between “Personal Usage” and “Trafficking” can be terrifyingly thin. A small amount of marijuana found in separate bags can lead to a charge of “Dealing,” which carries a minimum 10-year prison sentence.

This comprehensive 2026 guide explains the legal reality, the concept of “Effective Remorse” that can save you, and the inevitable Deportation procedures.

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1. The Critical Distinction: Usage vs. Trafficking

The prosecutor decides your fate based on intent. How do they determine intent? Through “Supreme Court Criteria”:

A. Personal Usage (Kullanmak İçin Bulundurma - TCK 191)

• The Act: Possession of drugs solely for personal consumption.
• Penalty: 2 to 5 years imprisonment.
• Deferral Mechanism: Usually, for first-time offenders, the court gives a “Public Action Deferral” (Kamu Davasının Açılmasının Ertelenmesi - KDAE) for 5 years. This includes mandatory “Probation” (Denetimli Serbestlik) and regular urine tests. If you stay clean, the case is dropped.

B. Manufacturing & Trafficking (Imal ve Ticaret - TCK 188)

• The Act: Selling, supplying, transporting, or gifting drugs.
• Penalty (2026 Updated): Minimum 10 Years Imprisonment + Heavy Judicial Fine (up to 20,000 days).
• Aggravating Factors:
  • If the drug is Heroin, Cocaine, Morphine, or Synthetic (Bonsai, Meth): Penalty increases by 50% (Min 15 Years).
  • If sold near a school, hospital, or mosque: Penalty increases further.
  • If 3+ people are involved: It becomes “Organized Crime” (one grade higher).

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2. Supreme Court Criteria: Are You a Dealer?

How does the Judge decide if you represent TCK 191 (User) or TCK 188 (Dealer)?

1. Quantity: Being caught with 5 kg of cannabis is obviously trafficking. But what about 50 grams? It depends on the “Annual Personal Usage Limit” defined by forensics.
2. Packaging: This is the #1 Trap.

3. Apparatus: Possession of a “sensitive scale” (hassas terazi) is almost always interpreted as evidence of dealing.
4. Location: Being caught in a place known for drug sales creates suspicion.

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3. The Forensic Medicine Process (ATK Reports)

When you are arrested, you don’t just go to jail; you go to the hospital.

Urine and Hair Tests

The police will take you to the Institute of Forensic Medicine (Adli Tıp Kurumu - ATK).

• Why? To prove if you are a “User”.
• The Trap: If your test is NEGATIVE (no drugs in blood), the Prosecutor might say: “You had drugs in your pocket, but you don’t use them. Therefore, you must be selling them.”
• The Defense: If you are a user but haven’t used in 3 days, you must demand a Hair Follicle Test, which can trace back 3 months. Proving you are an addict can ironically save you from a “Trafficking” charge (because it proves possession was for self-use).

Addiction Treatment (Probation)

If charged with Usage (TCK 191), you enter a 1-year Probation Program (Denetimli Serbestlik).

• Requirement: You must sign in at the police station regularly.
• Surprise Tests: You will be called for random urine tests. One “Dirty” test means your Deferral is burned, and you go to prison.

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4. Effective Remorse (Etkin Pişmanlık - TCK 192)

This is your lifeline (“Get Out of Jail Free” card), but it comes at a cost.

• Before Investigation: If you go to the police voluntarily with drugs and say “I have these” (before they catch you), you get NO PUNISHMENT.
• During Investigation (After Arrest): If you are caught, but you give the names of the suppliers (the “Big Fish”) and help the police catch them, your penalty can be reduced by 50% to 75%.

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5. The Deportation Nightmare (Foreigners)

Even if you avoid prison (e.g., you get HAGB or Acquittal), your ordeal is not over.

The “G-Codes”

When a foreigner is processed for a drug crime, the Migration Presidency immediately assigns a restriction code:

• G-87: Danger to Public Security.
• Ç-114: Subject of Judicial Action.

The Process

1. Administrative Detention: You are taken to a Removal Center (Geri Gönderme Merkezi - GGM).
2. Deportation Decision: Issued within 48 hours.
3. Ban on Entry: Usually a ban for 5 to 10 years or permanent.

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6. Top 5 Mistakes Foreigners Make

Mistake 1: “It’s legal in my country”

Turkey is not the Netherlands or California. Bringing “Medical Marijuana” or CBD oil with a prescription is ILLEGAL unless strictly authorized by the Ministry of Health (very rare). It is treated as drug trafficking.

Mistake 2: Sharing with Friends

In your country, passing a joint to a friend is fine. In Turkey, giving drugs to someone else (even for free) is “Supplying Drugs” (Uyuşturucu Madde Sağlama). This falls under TCK 188/3 and carries a penalty of 10 Years. NEVER share.

Mistake 3: Carrying a Scale

Never, ever carry a sensitive scale. Even if you use it for diet/food or jewelry, in a drug raid, it is the strongest evidence of dealing.

Mistake 4: Talking Without a Attorney

Police might say “Just advise us who sold it and we let you go.” Do not blindly trust this. You need a Attorney to negotiate “Effective Remorse” formally on the record.

Mistake 5: Ignoring the 7-Day Deportation Appeal

Many expats focus on the Criminal Case and forget the Immigration Case. They get released from jail only to be deported the next day. You must fight the deportation order separately.

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7. Case Study: The “Packaging” Disaster

• Scenario: Alex (UK Tourist) bought 20 grams of cannabis for his 2-week holiday in Antalya. To ration it, he put 1 gram in each of his 20 cigarette packs.
• The Arrest: Police stopped his car and found 20 separate packages.
• The Charge: Despite the total amount being small (20g), the method of packaging convinced the Prosecutor he was a street dealer. He was charged with Trafficking (Min 10 Years).
• The Defense: It took 1 year of trial and forensic analysis of his phone (proving no sales chats) to convert the charge back to “Usage.” He spent that year in pre-trial detention.

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8. FAQ for Foreigners

1. Does Turkey have the Death Penalty for drugs?

NO. The maximum is Aggravated Life Imprisonment (for large scale organized trafficking).

2. Can I pay a fine instead of prison?

For “Trafficking,” NO. The sentence is too high to be converted to a fine. For “Usage,” if you violate probation, you might face prison which might be converted, but usually, the system forces rehabilitation.

3. What is “Bonsai”?

It is a cheap, lethal synthetic cannabinoid plague in Turkey. Penalties for synthetic drugs are 50% higher by law. Stay away.

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Konya Criminal Defense

We provide urgent legal representation for foreigners detained for drug offenses. We fight both the Criminal Case (Assize Court) and the Deportation Case (Administrative Court).

📞 Emergency Criminal Line: +90 554 192 47 20

📧 Email: fevziyaskir@gmail.com

📍 Address: Nişantaş Mah. Vatan Cad. No:12/1 Selçuklu/KONYA

⚖️ Av. Fevzi Yaşkir