Drug possession for personal use

A person who purchases, accepts, possesses or uses a narcotic or stimulant substance for personal use is punished with 2–5 years’ imprisonment (TCK 191/1). For this offence the law gives priority to treatment and supervision over punishment.

Deferral of the public prosecution

• In an investigation into this offence, the prosecutor defers the filing of a public prosecution for 5 years, without the general conditions being required (TCK 191/2).
• During the deferral period, the person is placed under a probation measure for at least 1 year. The period may be extended in six-month steps by up to two more years, and treatment is applied where necessary (TCK 191/3).
• To determine whether the person uses drugs, the prosecutor orders them to be referred to the relevant institution at least twice a year.

Consequences of the deferral

• If the person persistently fails to comply with their obligations, or purchases, possesses or uses drugs again, a public prosecution is filed (TCK 191/4).
• For a person who completes the deferral period in compliance with their obligations, a decision of non-prosecution is issued (TCK 191/7).
• No further deferral may be granted in investigations opened on allegations that the same offence has been committed again after a prosecution was filed.

Distinction from trafficking

If it becomes clear during prosecution that a charge of drug trafficking or of facilitating drug use actually concerns possession for personal use, a decision to defer the announcement of the verdict is issued for the defendant under this article (TCK 191/8).

Enforcement

People convicted of this offence whose sentence is enforced through probation are also required to take part in treatment and rehabilitation programmes (Law No. 5275, Art. 105/A).