Being charged with drug possession in Turkey is a serious matter—especially for foreign nationals. Whether the charge is for personal use or alleged trafficking, the consequences can include long-term imprisonment, deportation, and a permanent criminal record. At ER&GUN&ER, our English Speaking Turkish Lawyers provide strategic defense and emergency legal intervention for foreigners facing drug charges in Turkey. This guide explains the legal classifications, police procedure, defense rights, and what to expect from the Turkish criminal justice system.
Legal Classification of Drug Offenses in Turkey
The Turkish Penal Code (TCK) distinguishes drug offenses under Articles 188 to 191:
- TCK 188: Drug production and trafficking — heavy felony, 10–30 years prison
- TCK 191: Drug possession for personal use — 2–5 years prison, probation possible
- TCK 190: Facilitating drug use — aiding others, allowing use on premises
- TCK 192: Voluntary reporting — reduces sentence or offers exemption if prior to arrest
What Is Considered “Possession” vs. “Trafficking”?
Possession refers to holding a small quantity of drugs for personal use. Trafficking is suspected when:
- Drugs are packaged for distribution
- Large quantities are involved
- Cash, scales, or multiple phones are found
- There is surveillance, delivery, or accomplice activity
Foreigners are often charged with trafficking rather than possession due to language barriers or misunderstanding. Legal defense must focus on quantity, behavior, and intent to reduce the charge.
Common Drugs Leading to Arrest in Turkey
- Cannabis (esrar) — most common in possession charges
- Cocaine (kokain), MDMA, ecstasy — often lead to trafficking charge
- Prescription medication without proof (e.g., tramadol, morphine)
- Hard substances (meth, heroin) — zero tolerance
What Happens After Arrest? Legal Procedure for Foreigners
- Detention (Gözaltı): Police may detain the suspect up to 24–48 hours (up to 4 days in drug cases)
- Investigation (Soruşturma): Prosecutor reviews evidence and may order release or seek arrest (Tutuklama)
- Judge Decision: If prosecutor seeks jail, a Criminal Court of Peace judge holds a hearing within hours
- Lawyer and Interpreter: Foreign suspects are assigned a lawyer and free interpreter if requested
Can I Appoint a Lawyer from Abroad?
Yes. A family member, friend, or consulate may appoint a Turkish criminal lawyer with a notarized Power of Attorney (POA). We act as legal representative from detention through trial and appeals.
Possible Penalties Under Turkish Law
- Possession (TCK 191): 2–5 years imprisonment, with possibility of probation or treatment order for first-time offenders
- Trafficking (TCK 188): 10–30 years prison, increased if aggravated (organized crime, cross-border, sale to minors)
Mitigating factors include: voluntary confession, cooperation, minor quantity, no prior offenses. Our strategy often involves requesting release under probation (denetimli serbestlik) or seeking sentence reduction at trial.
Real Case Examples
- 🇺🇸 U.S. citizen found with 2g cannabis at airport—case dismissed as personal use, therapy program imposed
- 🇷🇺 Russian tourist charged with ecstasy possession—negotiated for plea and received 15-month suspended sentence
- 🇬🇧 UK expat accused of trafficking—defense proved personal use, charge reduced to possession, released on probation
Frequently Asked Questions (FAQs)
- Will I be deported after drug arrest? Possibly. Deportation depends on the final court decision and residence status. We assist in preventing deportation or reentry bans.
- Can I contact my family or consulate? Yes. You have the right to inform and receive assistance from your embassy or consulate.
- Is it possible to avoid jail? In possession cases: yes. First-time offenders may qualify for therapy orders instead of jail time.
- How long do these cases last? Investigation: 2–4 months. Court trial: 6–12 months. Appeals: another 6+ months.
- Can I post bail in drug cases? No. Bail (teminatla tahliye) is not recognized in Turkish criminal law. But probation and judicial control may replace detention.
- What if I was not aware I had drugs? Intent matters. But claiming ignorance is not sufficient—defense must be strategic and evidence-based.
- Are police searches legal? Only with reasonable suspicion or a court warrant. We challenge illegal searches to dismiss evidence.
- Can I appeal my conviction? Yes. We file appeals at the Regional Court and Court of Cassation (Yargıtay).
- What if I was under influence but not carrying anything? Public intoxication alone is not a drug offense. But possession is a separate charge.
Conclusion: Strategic Defense Saves Lives
Drug charges in Turkey can escalate quickly—but early legal intervention and expert defense can drastically improve your outcome. At ER&GUN&ER, our English Speaking Turkish Lawyers defend foreign nationals in drug-related cases from airport arrest to final appeal. Whether you face a misunderstanding, overcharged offense, or need immediate intervention, contact the Best Lawyer in Turkey to protect your freedom, future, and legal rights under Turkish law.