Antalya Drug Offences Lawyer

Turkey treats drug offences strictly, and many visitors to Antalya do not realise that substances which are tolerated or legal at home, such as cannabis, are criminal offences here. A small amount found in a hotel room, at a festival, in a car or at the airport can lead to custody, a statement at the prosecutor’s office and, depending on the circumstances, a travel ban or a trafficking charge. What happens in the first hours often decides how the case is classified.

In Turkish law, drug offences are part of criminal law: they are regulated in the Turkish Penal Code under offences against public health, and the lawyer acts as defence counsel for the suspect during the investigation and for the accused at trial. Ozturk Law Office defends suspects and accused persons in drug cases across Antalya from our office in Muratpaşa, in English and Turkish. This page explains the main rules, with each statement linked to the official text of the relevant law. It is general information, not advice on a particular case.

Drug Offences in Turkish Law

For travellers, the import offence deserves particular attention: its wording does not depend on quantity, so how bringing even a small amount into Turkey is classified is examined carefully in each file.

Personal Use or Trafficking?

The most important distinction in a drug file is whether the act was committed for personal use (Penal Code art. 191) or in the context of trade (Penal Code art. 188). Both articles list “buying”, “accepting” and “possessing”; what separates them is the purpose of the act and the circumstances of the case. Quantity, packaging, messages on a phone, cash found and the person’s statements are typical points of argument, and the same facts can lead to very different legal results depending on the evidence.

The law itself underlines this: if, during a prosecution for manufacture and trafficking (art. 188) or facilitating use (art. 190), it becomes clear that the offence falls solely under the personal-use offence, the court gives a decision deferring the announcement of the verdict within the framework of Penal Code art. 191/8.

The courts also differ. High criminal courts hear offences punishable by aggravated life imprisonment, life imprisonment or more than ten years’ imprisonment (Law No. 5235 art. 12), and criminal courts of first instance hear the rest (Law No. 5235 art. 11); jurisdiction depends on the maximum penalty for the offence (Law No. 5235 art. 14). Under this rule, domestic trafficking under Penal Code art. 188/3 is heard by the high criminal court, while possession for personal use is heard by the criminal court of first instance.

Aggravating Circumstances

Personal Use: Deferral, Probation and Treatment

For possession or use for personal use, the law focuses on moving the person away from drug use rather than simply punishing them. Under Penal Code art. 191, as amended in 2023 by Law No. 7445, the system works as follows:

• Deferral of prosecution: when an investigation is opened for this offence, the filing of a public prosecution is deferred for five years, without the usual conditions of Criminal Procedure Code art. 171.
• Probation: during the deferral period, probation applies for at least one year. The prosecutor may extend it in six-month steps for up to two more years, and treatment may be ordered if needed.
• Testing: the prosecutor refers the person to the relevant institution at least twice a year to check whether they are using drugs.
• Breach: persistently failing to comply with the obligations or treatment, or buying, accepting, possessing or using drugs again during the period, leads to the public prosecution being filed.
• Successful completion: if the person complies with the obligations and prohibitions during the period, a decision not to prosecute is given.

Where the article contains no specific rule, the general provisions on deferral of prosecution (Criminal Procedure Code art. 171) and on deferral of the announcement of the verdict (Criminal Procedure Code art. 231) apply. See our article on drug use and possession for how this works in practice.

Caught Again During the Deferral Period

A common question is what happens if the person is caught again during the five-year period. Buying, accepting or possessing drugs for use, or using them, during the deferral period counts as a breach and is not made the subject of a separate investigation or prosecution; instead, the deferred prosecution is filed (Penal Code art. 191).

Once a public prosecution has been filed, no further deferral can be given in investigations opened for a new allegation of the same offence (Penal Code art. 191). For foreign visitors who leave Turkey after a deferral decision, the reporting and testing obligations of probation can be difficult to meet, so the practical consequences of the decision should be discussed before leaving the country.

Effective Repentance and Voluntary Treatment

Penal Code art. 192 contains special provisions for people who help uncover drug offences or seek treatment:

• An accomplice in manufacture or trafficking who, before the authorities learn of it, informs them of the other participants and where the substances are hidden or made is not punished if this leads to their capture or the seizure of the substances.
• A person who possesses drugs for use and, before the authorities learn of it, reveals from whom, where and when they obtained them is not punished if this leads to the capture of the offenders or the seizure of the substances.
• A person who helps uncover the offence and catch the offenders after the authorities have learned of it receives a reduced sentence depending on the nature of the help.
• A person who uses drugs and, before an investigation is opened, applies to the authorities or health institutions for treatment is not punished.

Blood, Urine and Hair Samples

Biological samples are among the most common evidence in drug cases. Blood or similar samples, or hair, saliva or nail samples, may be taken from a suspect or accused to obtain evidence of an offence by decision of a judge or court, at the request of the prosecutor or victim or of their own motion; where delay would be harmful, by decision of the prosecutor. The prosecutor’s decision must be submitted to a judge within twenty-four hours, and decisions that are not approved become void and the evidence obtained cannot be used (Criminal Procedure Code art. 75).

A sample may only be taken if there is no risk to the person’s health, and only by a doctor or other health professional. For offences with a maximum penalty of less than two years’ imprisonment, such samples cannot be taken, and decisions under this article can be challenged (Criminal Procedure Code art. 75). Whether a sample was taken lawfully matters, because unlawfully obtained evidence cannot be used (Criminal Procedure Code art. 217).

The Seized Substance: Experts and Forensic Reports

Whether a seized substance is in fact a narcotic or stimulant, what it is and how much there is are questions for experts. Where specialist or technical knowledge is needed, an expert opinion may be ordered by the court of its own motion or at the request of the suspect, accused or defence counsel; during the investigation, the prosecutor has the same power (Criminal Procedure Code art. 63).

When the expert examination is complete, the suspect or accused and defence counsel are given time to request a new examination or raise objections; if refused, a reasoned decision must be given within three days. They may also obtain a scientific opinion on the report from their own expert (Criminal Procedure Code art. 67). Since quantity and packaging are often central to the distinction between use and trafficking, the content of the reports and their consistency with the rest of the file are examined closely.

Confiscation of Property and Proceeds

Items whose production, possession, use, transport, purchase or sale is an offence are confiscated, so seized drugs are not returned regardless of the outcome. Items used in an intentional offence or produced by it are also confiscated, provided they do not belong to third parties acting in good faith; however, confiscation may be refused where it would be disproportionate to the offence (Penal Code art. 54). This rule matters, for example, when a car is said to have been used in the offence.

Financial benefits obtained through the offence, and economic gains derived from them, are also confiscated; if they cannot be seized, their equivalent value is confiscated (Penal Code art. 55). Confiscation decisions can be challenged on appeal together with the judgment.

Consequences for Drivers

Driving on public roads after taking narcotic or stimulant substances is prohibited. The police use technical devices and test kits; drivers involved in accidents causing injury or death, or in damage-only accidents attended by the police, must be tested, and samples such as blood, saliva or urine are taken at a health institution from drivers who object to or refuse the device test. A driver found to have taken such substances faces an administrative fine and cancellation of the driving licence; obtaining a new licence is subject to a waiting period and conditions set by law (Traffic Law art. 48). This provision was amended in 2026, so the current text is checked in each file.

Criminal liability may also arise: driving while unable to drive safely because of drugs is the offence of endangering traffic safety (Penal Code art. 179). If drugs are also found in the vehicle, possession or trafficking offences are assessed separately. Visitors driving rental cars should note that these rules apply to them in the same way.

Foreign Nationals: Consulate and Residence

For foreigners living in or visiting Antalya, a drug investigation can affect more than the criminal case. A removal decision is taken against foreigners considered to be a threat to public order, public security or public health, among other grounds (Foreigners Law art. 54). A foreign national who is arrested or taken into custody has their consulate informed unless they object in writing (Criminal Procedure Code art. 95). For foreign clients, the criminal proceedings and the immigration consequences are therefore assessed together. More on the rights of foreign suspects can be found on our criminal defence lawyer page.

Your Rights During the Investigation

Protective Measures in Trafficking Investigations

Manufacture and trafficking of drugs (Penal Code art. 188) are specifically listed among the offences for which many protective measures may be used:

• Detention: it is among the offences for which a ground for detention may be presumed where there is strong suspicion (Criminal Procedure Code art. 100).
• Interception of communications: interception and recording of communications may be ordered under the statutory conditions (Criminal Procedure Code art. 135).
• Undercover agents and technical surveillance: these measures may also be used (Criminal Procedure Code art. 139, Criminal Procedure Code art. 140).
• Searches: searches are, as a rule, made on a judge’s decision or, where delay would be harmful, on the prosecutor’s written order; homes, workplaces and non-public closed places cannot be searched on a police chief’s order (Criminal Procedure Code art. 116, Criminal Procedure Code art. 119).

Whether these measures were applied in accordance with the law is an important part of reviewing the file, and objections to detention and other measures must be made within the statutory periods.

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