A significant portion of drug cases in Türkiye are based on marijuana (Indian hemp / cannabis sativa). Marijuana has its own legal regime and lines of jurisprudence.
Legal Regime
- Law No. 2313: Cannabis cultivation is subject to a license; Unlicensed cultivation is a crime.
- TCK Article 188: Cannabis production/trade is considered a drug crime.
- TCK article 191: Possession of marijuana for use.
- TCK Article 188/4: Cannabis is not counted together with substances such as "heroin, cocaine, morphine"; Therefore, the half-rate increase is not applied (an important defense point).
October - Production - Stock Separation
While the act of planting and growing is evaluated within the scope of Law No. 2313; Processing of planted plants (drying, sifting, squeezing) is considered manufacturing and falls within the scope of Turkish Penal Code Article 188. There are examples where growing a limited number of plants for personal use is considered within the limit of Article 191, depending on quantity and intention.
Quantity — Personal Usage Limit
The 10th CD and 20th CD of the Supreme Court evaluates the daily use dose, addiction report, packaging method of the substance and the profile of the defendant together when determining the personal use limit of marijuana. Even very low amounts (gram level) can be described as "sales" with the balance/bag/communication records obtained together.
Supreme Court 10th CD — Principle
10. CD consistently states that in marijuana files, the trio of "net substance amount + purity + usage profile" should be evaluated together, that it cannot be based solely on the gross weight of marijuana, and that the method of seizure and location (inside a private vehicle vs. home) reflect the intention differently.
Synthetic vs Natural — The Critical Distinction
Natural cannabis and synthetic cannabinoids (bonzai, JWH-018, etc.) are not legally considered in the same category. Synthetic cannabinoids are subject to the provision of "the penalty is increased by half" within the scope of Turkish Penal Code Article 188/4; For this reason, it is critical for the defense to clearly state whether the substance is natural or synthetic in the criminal report.
Practical Tips
- In the laboratory analysis of the sample, "THC rate" and "substance type" should be examined separately.
- The distinction between plant / hay / oil / resin should be made clearly; Weight conversion must be calculated correctly.
- The defendant's addiction and daily use amount must be documented with an expert report.
Nuances in marijuana files create a big difference in punishment. A strategy should be determined at the beginning of the case with Drug crimes lawyer.