Drug Use Crime (2025): Penalties, Probation and Legal Process
“Were you caught using drugs and don’t know what will happen?”
“Will someone caught for the first time receive a prison sentence?”
“Do you have the right to probation?”
The use of narcotic or stimulant substances is regulated as a crime under Article 191 of the Turkish Penal Code. However, many people have incomplete or incorrect information about this process. Does someone caught for the first time go directly to prison? Is probation applied to everyone? What should be said in a police statement?
Especially people caught for the first time usually experience great panic and have difficulty accessing clear information about the process. Information circulating on the internet is often confusing. Some people say “A prison sentence is definitely given for the first arrest,” while others make misleading statements like “The prosecutor will drop the case anyway.”
In this article, you can find answers to the most critical questions such as how the drug use crime penalty is applied as of 2025, how the process works under TCK 191, who can benefit from probation, and what a person caught using drugs should do. If you are currently being prosecuted for drug use or want to get through the process with minimal harm, it is very important to understand your legal rights correctly. Mismanaging the process can cause you to receive unnecessary punishment.
What Happens When Caught Using Drugs? Legal Process and Rights
A person caught for drug use is prosecuted under Article 191 of the Turkish Penal Code. However, although many people think that everyone caught for the first time will receive a direct prison sentence, this is not true. The law provides alternative ways such as probation and deferment for first-time offenders.
1. Police Arrest and Investigation Process
A person caught using drugs or possessing the substance is first taken to security units and their statement is taken.
- If narcotic substances are found on the person or in their home, these substances are sent to the laboratory and their quantity and type are determined.
- Making false statements or being misled during the initial statement process can cause problems in later stages.
- It is important to consult a criminal lawyer at this stage.
2. Prosecutor’s Investigation and Deferment of Public Prosecution
For persons found to have used narcotic substances, the prosecutor may defer the filing of a public prosecution for 5 years without seeking Article 171 of the Criminal Procedure Code (TCK 191/2).
What does this mean?
- The prosecutor evaluates the person’s situation and gives them a chance.
- If they comply with certain obligations for 5 years, no case is filed and the person completes the process without a criminal record.
- However, if they use drugs again, possess substances, or fail to comply with obligations during this process, a public prosecution is filed and the person may face imprisonment (TCK 191/4).
3. Probation Process
When the prosecutor decides on probation, the person is monitored under probation measures for at least 1 year (TCK 191/3).
- They must go to supervision and sign at certain intervals.
- Whether they use drugs is checked at least twice a year.
- If deemed necessary, they may be placed in treatment.
For those who successfully complete the probation process, a decision of “no grounds for prosecution” is made and their file is closed (TCK 191/7).
What Is Probation and How Is It Applied?
One of the most important alternatives applied instead of imprisonment for people caught for drug use is probation. When the prosecutor decides to defer the public prosecution for 5 years for first-time offenders under TCK 191, the person is placed under probation measures.
This process aims to prevent the person from using drugs again, ensure their rehabilitation, and support their integration into society.
Why Should You Choose Us?
In sensitive cases such as drug use crimes, mismanagement of the legal process can lead to unnecessary punishment or prolongation of the process. Therefore, working with an experienced criminal lawyer ensures that you complete the process with minimal harm.
- We work with experienced criminal law attorneys.
- We have successfully managed hundreds of drug use crime cases.
- We analyze our clients’ situations and develop personalized defense strategies.
- We follow cases and applications throughout Turkey, especially in Ankara.
