Legal Drug Limit for Personal Use in Turkey

In Turkey, crimes related to narcotic or psychotropic substances are subject to extremely serious sanctions under the Turkish Penal Code (TPC). First and foremost, it must be clearly stated that possessing drugs in Turkey, regardless of the amount, constitutes a crime. The legislator has completely banned their possession due to the devastating impact of these substances on public health.

However, criminal law is closely concerned with the intent behind the act. The most critical distinction, which fundamentally changes the penalties, lies in one question: Is the possessed substance held for personal use, or is it for trafficking (selling, transferring, shipping)?

This is where the concept of “personal use limits” comes into play. There is no explicit numerical data in the Turkish Penal Code stating, “the personal use limit is 5 grams.” These limits have been shaped over the years by the case law of the Court of Cassation (the highest court of appeal), i.e., through its precedent-setting decisions. In this article, we will first examine the relevant crimes in the TPC and then analyze the criteria and amounts the Court of Cassation uses to make this distinction.

Drug Crimes in the Turkish Penal Code: TPC 188 and TPC 191

The TPC regulates offenses related to narcotic substances under two main crime types:

1. Manufacture and Trafficking of Narcotic or Psychotropic Substances (TPC Article 188)

This crime covers acts such as selling, offering for sale, giving to others (transferring), shipping, importing, or exporting narcotic substances. As seen, the basis of this crime is the “intent to transfer to another, with or without gain.” The penalties are extremely severe, requiring imprisonment of not less than ten years.

2. Purchasing, Accepting, or Possessing Narcotic or Psychotropic Substances for Use (TPC Article 191)

This crime, distinct from the acts in TPC 188, regulates the possession, purchase, or acceptance of narcotic substances by a person solely for their own personal use. The sanctions for this crime are completely different from trafficking. Typically, measures such as the postponement of the public prosecution, probation, and treatment are applied in the initial stage.

How Does the Court of Cassation Distinguish Between “Use” and “Trafficking”?

It is not enough for a person caught with drugs to simply say, “I am a user, not a dealer.” The Court of Cassation looks at concrete evidence to determine this intent. The most important piece of evidence is the amount of the substance seized.

However, the amount alone is not decisive. According to the established case law of the Court of Cassation, the following criteria are evaluated as a whole:

Amount: Is the seized amount far in excess of a person’s personal consumption needs? The Court of Cassation generally accepts the “annual personal use” amount as a benchmark.
Method of Possession: Was the substance found in a single piece, or was it in small, separate packets (so-called “fişek”) ready for sale? Numerous small packets are strong evidence of trafficking intent.
Location of Possession: Was the substance kept in an easily accessible place at the person’s home or on their person, or was it hidden in a secret stash (depot)?
Additional Evidence: The presence of items such as precision scales, small locked bags used for packaging, or large amounts of cash presumed to be from drug proceeds indicates that the act is for trafficking.

Personal Use Limits by Substance Type and Court of Cassation Case Law

The Court of Cassation has issued various decisions regarding what amounts exceed personal use and constitute evidence of the crime of trafficking. While these limits are not written in the law, they have become the established practice of the Court.

Cannabis

Cannabis is the substance for which the Court of Cassation has set a relatively high limit. The General Assembly of the Court of Cassation and relevant criminal chambers accept that a user’s annual personal consumption need may be between approximately 600-700 grams and 1 kilogram.

For example, the 10th Criminal Chamber of the Court of Cassation (E. 2015/1252, K. 2015/785) stated in one decision that 1018 grams (over 1 kg) of cannabis was above the personal use limit and constituted the crime of drug trafficking.

Heroin and Cocaine

The limit set by the Court of Cassation for these substances is much lower. According to established case law, possessing approximately 20 grams or more of heroin or cocaine, without any other evidence (precision scales, packets, etc.), indicates the existence of trafficking intent.

For example, the 10th Criminal Chamber of the Court of Cassation (E. 2015/2516, K. 2018/9417) ruled in one decision that 36.9 grams of cocaine seized was well above the personal use limit, emphasizing that the act constituted the crime of trafficking.

Methamphetamine

For methamphetamine, a synthetic and highly addictive substance, the Court of Cassation’s tolerance is almost non-existent. Very low amounts can be considered evidence of trafficking. A precedent-setting decision on this matter is as follows:

Court of Cassation 10th Criminal Chamber, E. 2015/1631, K. 2015/31248:

“…it was overlooked that the crime of trafficking narcotic substances had occurred with the seizure of a total net 15.2 grams of methamphetamine in two pieces…”

As can be understood from the decision, an amount such as 15.2 grams was deemed sufficient for the crime of trafficking by the Court of Cassation. (In another Court of Cassation decision, even 9.9 grams was considered for use).

Bonsai (Synthetic Cannabinoid)

Bonsai is the substance that shows the most variability in Court of Cassation decisions. For this substance, the method of possession (number of packets) is more decisive than the amount. So much so that the Court has considered very low amounts as trafficking if they were packaged:

In one decision, the 10th Criminal Chamber of the Court of Cassation (E. 2019/3273, K. 2020/3204) ruled that a total of 0.4 grams of bonsai in 11 separate packets, despite being a very small amount, was “ready for sale” due to its packaging and constituted the crime of trafficking.
In contrast, in another decision (E. 2021/12923, K. 2022/4032), it was ruled that net 7.3 grams of bonsai could be within personal use limits.

These decisions show that for bonsai, the number of packets is a more important criterion than the total weight.

Synthetic Pills (MDMA, Ecstasy, etc.)

The general acceptance of the Court of Cassation for synthetic pills is based on the number of units. The personal use limit is generally accepted to be around 50 pills. It is frequently seen in Court of Cassation decisions that possessing 50 or more pills, even without other evidence, creates a strong presumption of trafficking intent.

Summary Table: Use Limits According to Court of Cassation Case Law

The table below summarizes the approximate upper limits that the Court of Cassation, in various decisions, has indicated create a presumption of the crime of “trafficking”.

Substance Type	Amount Generally Considered Trafficking by the Court of Cassation
Cannabis	Annually approx. 1 kg or more
Heroin	Approx. 20 grams or more
Cocaine	Approx. 20 grams or more (60 gr in some decisions)
Methamphetamine	Approx. 10 grams
Bonsai (Synthetic)	Method of packaging is crucial (e.g., 0.4 gr / 11 packets)
Synthetic Pills	Approx. 50 pills or more

Evaluation and Conclusion

As can be seen, possessing drugs in Turkey is a crime under all circumstances. The amount seized is the most important factor in determining whether a person will be prosecuted under TPC 191 (use) or TPC 188 (trafficking).

Even if the amount is below the personal use limit, if the substance is in small packets or found alongside a precision scale, the person can still be prosecuted for drug trafficking. Conversely, there are also decisions where a person caught with a single piece of substance slightly above the annual use limit (e.g., 1.2 kg of cannabis) and with no other evidence found in their home, was ruled to be a “user.”

Therefore, the determination of punishment in drug crimes is evaluated by the courts as a whole, based not only on the amount seized but also on the type of substance, the method of possession, and other concrete evidence.