The aim of such probation periods and probationary measures is to rehabilitate the suspect and to prevent him/her from using drugs again in the future by eliminating any possible addictions the suspect may have developed to such drugs. Guns and marijuana are two such items. The chamber frequently writes about the threat to public health posed by online pharmacies. Ali Yurtsever As a result of technological innovation and the exponential increase in online content…, Ali Yurtsever Data Protection Board recently issued a new decision and fined Amazon Turkey 1.100.000…, LEGAL EFFECTS OF COVID-19 ON RENT PAYMENTS AND EMPLOYMENT Ali Yurtsever I. OVERVIEW The novel…, This infographic provides a visual summary of acquisition of Turkish citizenship by investment procedures and…, A new decision from the Immigration Authority regarding touristic residence permit extensions was published on…. One of the most common arguments against such severe punishment, especially from foreigners, is that foreigners visiting Turkey are not aware that their actions constitute crimes and should therefore be exempt from these provisions. <>>> 191), all three are considered as acts of crime and are deemed as punishable offenses. Poppies are a traditional crop in Turkey, with poppy seed used for food and animal fodder as well as for making opium. Already in the early nineteenth century, Turkish opium was being shipped to England and China. As per Article 171/2, the prosecutors may also decide to postpone the commencement of a public prosecution for crimes with a maximum sentence of 3 years, subject the criteria set forth at Article 171/3. The Turkish Penal Code states that prison sentences will be given to those who possess or purchase cannabis. In Turkey, almost all drugs are considered illegal and there is no legislation that allows the … Drug abuse prevention activities should be integrated into public health, health promotion and child and youth development programmes. There is also the option of treatment and/or probation of up to 3 years. Syrian drug traffickers now play a significant role in Turkey’s illegal drug trade. Article 191/2 of the TPC, which states this postponement mechanism, also refers to Article 171 of the Criminal Procedure Code No. poppy production was effectively licensed for the production of medical opiates, and illegal poppy cultivation and the diversion of opiates into the illegal trade. x��[ێ�F}7��G��ټ3 �o���c��E���Qv,�r(;��o]�J�)&N. Unlike some EU countries, Turkey has a rather strict drug policy, where even illegal drug possession, including cannabis/marijuana, is considered as a punishable offense. ` N�r}n�G������@���3��EK��Fs�heEZ,�6�+/�8_���FV�b�U'� v����Y�!���d�v�D�����F��^eeDs:��QZq���FV�haw�.m��^�o��,��\�;Y��phn�P@s�$~BWEHw��1]�Ec��銱K�����͉m�z��s�m��%_� �8n�as�NaMI�:`�Y�ɒ�r��G~���c};�!���+�?��Rp1V��K�h��� Uї[�|�R���G��]�Z�R��M���鯋{Gj�0��X�k�I��M:��P�e�T螅�E�?���9�&�.�A= }s6b��z.�.��L�8�ɐ.Ez��>���q*Uq�"��I�_�ʩ&��j�S�1��4���]� Ali Yurtsever With the implementation of the Law on the Protection of Personal Data No…. Title of pharmacists is a debatable issue in Turkey, as per the Turkish Commercial Code and Supreme Court’s decisions, pharmacists are deemed to conduct their business operations as “merchants”. Each of these items require a certified, commercial carrier to get them from one state to the next or to an international destination. Turkey’s global approach to the fight against drugs: Turkey is a leading country in the fight against the illegal trafficking of drugs. DRUGS Turkish drug laws are very harsh. Cannabis is presently classified as an illegal drug in Turkey. endobj 4 0 obj Talking Turkey About Drug Policy Jill Harris The election victories for marijuana legalization and other reforms to our current drug laws will likely bubble up at holiday dinner tables this year – and undoubtedly there will be some differing opinions on how our country should handle drug … endobj According to the Article 191/3, all suspects charged with drug possession charges shall be subjected to a probation period of at least 1 year following the decision to postpone the public prosecution. Turkish law has relatively severe penalties for those caught with cannabis in their possession. 188), enabling the sales of drugs (Art. Tel: +90 (212) 217 97 78 The government strictly enforces its laws related to criminal activities regarding recreational marijuana and imposes harsh penalties. %PDF-1.5 Although they look similar, the mechanisms of postponement of public prosecutions provided for in Article 171 of the Criminal Procedure Code and the one provided for in Article 191/2 of the TPC for drug possession charges are quite different. But instead violate shipping or state and international laws. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 10 0 R/Group<>/Tabs/S/StructParents 1>> 190) and drug possession for personal use (Art. <> It is important for the suspect to adhere to this notice and appear before the directorate within the given time, as failure to do so may be deemed as grounds to revoke the probation and postponement decision, and a public prosecution may be commenced by the prosecutor against the suspect. Because of that, they are illegal to ship. Unlike some EU countries, Turkey has a rather strict drug policy, where even illegal drug possession, including cannabis/marijuana, is considered as a punishable offense. Policymakers need to commit resources to such activities. The General Directorate of Pharmaceuticals and Pharmacy was the sole authority charged with granting marketing authorization and selling permits for, and pricing, classifying and reviewing drugs in Turkey. 7 0 obj Most of the Americans in Turkish jails are there because they violated the Turkish drug laws. Supply Chain Regulation of Pharmaceutical Samples: Comparative Summary The Law Library of Congress 2 In Turkey, it is unclear whether or not free samples are subject to serialization, as the existing law is conflicting.7 However, the existing law does require pharmaceutical companies to establish an “adequate system” to record the manufacture, importation, and distribution of free samples.8 The team of lawyers at the Law Offices of Jonathan F. Marshall has the skill and knowledge of NJ drug laws to ensure that you receive the aggressive and hard-hitting defense needed when your freedom and future are at stake. Turkey’s global strategy on the fight against illicit trafficking of drugs is based on the principle that the issue can only be addressed by extensive cooperation, exchange of information and expertise within the international community. That being said, Turkey does have its share of online pharmacies. Offenders have the option to have treatment instead of a prison sentence. Call us now at 201.309.0500 to speak to a lawyer on our defense team. As drug abuse is a continuous challenge, it requires constant attention and action. What happens if you're drunk and disorderly? endobj endobj Turkey has strict laws against the use, possession or trafficking of illegal drugs. 188), enabling the sales of drugs (Art. The Istanbul Civil Court for Intellectual and Industrial Rights has granted a preliminary injunction to remove a pharmaceutical product from the foreign drug list of the Turkish Medicines and Medical Devices Agency (TMMDA). Accordingly, the prosecutors may (not shall) decide to drop all charges and decline to commence a public prosecution under certain conditions. It is important to note here that this provision is also applicable for possession of cannabis/marijuana or other similar plant-based drugs. Therefore, suspects who believe that they are wrongly accused or who do not want a postponement decision for any reason, should file for an objection against the postponement decision before the competent courts. 190) and drug possession for personal use (Art. The probation mechanism and probationary measures are governed by the Criminal Procedure Code and the Regulation Regarding Probation Services. Turkey’s Ministry of Health oversees medical marijuana in the country — but that doesn’t mean patients who receive a prescription can purchase marijuana flowers. To learn more about our practices and services regarding drug related crimes and especially drug possession charges please contact us from here. <> Even though subparagraph 1 of Article 191 states quite a severe punishment, 191/2 also sets forth that during the investigation into the suspects who are caught in possession of drugs according to the article 191/1, the initiation of a public prosecution shall be postponed for a period of 5 years. As mentioned above, it is important for the suspects to adhere to the notices to appear before the directorate within the given time, as failure to do so may be deemed as grounds to revoke the probation and postponement decision. Drug laws and drug law offences National drug laws The Turkish Penal Code specifies prison sentences of 1-2 years for those who buy, receive, cultivate or possess drugs for personal use. Due to this mandatory mechanism, it is generally not possible for suspects to argue their innocence before such postponement decision is issued. The penalties for violating Turkish laws, even unknowingly, can be severe. Secaucus NJ Drug Possession Defense Attorney. Company Law, Debt Collection, Family Law, & Intellectual Property Law Firm in Istanbul, Turkey +90 212 510 16 46. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Several different probationary measures may be applicable to suspects, again depending on the specifics of the case. 5271, which is the article regarding the “discretionary power to commence a public prosecution”. Ali Yurtsever I. In Turkey, almost all drugs are considered illegal and there is no legislation that allows the medical use of any non-pharmaceutical drugs. Are any drugs legal? 5 0 obj While many countries, including the U.S. and Turkey have passed legislation banning such drugs, Levissianos says that they still remain difficult to track. <> This is currently fixed at two to five years. Penalties for possession, use, or trafficking of illegal drugs in Turkey are particularly strict, and convicted offenders will receive heavy fines and jail sentences of between four and twenty years in some cases. This probation period can be much longer in practice and in certain cases it can extended for the entire five-year postponement duration, depending on the specifics of the case and the suspects. stream Once the suspect appears before the Directorate, he/she will be assigned a probation case officer who will follow and monitor her/his progression throughout the probation program. endobj 2 0 obj 1 0 obj <> <> 5237 (TPC), and although the law does make a distinction between drug trafficking (Art. endobj endobj Growing, buying, receiving or possessing drugs for personal use can be punishable by prison sentences of one to two years in Turkey. It does not provide a right of objection to the suspect where a postponement decision is issued. endobj It is also extremely important for suspects to strictly adhere to the assignments and probation measures issued by the directorate, as any failure to do so may be result in the revoking of the postponement decision and the suspects may face actual jail time following the commencement of a public prosecution. The main legislation and the provisions concerning illegal drugs are set forth at the Turkish Penal Code No. To summarize, selling and/or supplying cannabis can land you in jail for up to 10 years. 9 0 obj The problem with an objection filing is that it arises from the same Article 171 of the Criminal Procedure Code, which refers to Article 173 for objections against postponement decisions. Medical Marijuana Use Laws in Turkey. Can you buy and drink alcohol in Turkey? Drug Offenses: Turkish law enforcement agencies are very aggressive in combating illegal drugs. Ride a taxi without a logo. This article is also available via Mondaq. These are usually issued depending on the nature of the events leading to the arrest/detention of the suspect, as well as how much drugs the suspect was carrying at the time. If you are convicted of any of these offences of supplying drugs, you can expect to receive a heavy fine or a prison sentence of four to 24 years. Drug Possession and Drug Law in Turkey Drug possession or drug use, a.k.a ‘drug crime’ is defined as purchase or acceptance of a narcotic substance according to the Turkish Penal Code. The city of Afyonkarahisar (afyon "poppy, opium", kara "black", hisar "fortress") and its Afyonkarahisar Province was a traditional centre of poppy cultivation. According to the Regulation, following the decision of postponement and probation, the case and the probation decision will be registered into e-judiciary system (UYAP) and the decision will be notified to the Probation Directorate (contact information for Istanbul Probation Directorate can be found here), which will then issue a notice to the suspect/convict, request him/her to appear before the Directorate within five (5) working days following the receipt of the notice. The only medication approved within Turkey are oromucosal sprays that contain the cannabinoids CBD and THC. 10 0 obj Article 188 of Turkish Penal law states that production of drugs and cordials without any authorization or licence or breach of rules while producing Any person who produces imports or exports addictive or relieving/exciting drugs without license or contrary to the license is punished with imprisonment not less than ten years and also imposes punitive fine up to twenty thousand days. This is quite important, as the law states that all public prosecutions must be postponed for all charges regarding drug possession (as per Article 191), provided that the suspect does not have any priors from similar offenses. endobj x��UMo�0���Q:��iE�4q��NR$.���i�v����r���,7�aZ��G�=چ�+<>.�����YT����� hT�BP���=�)���v>{ �C�e>k8�� You could argue that marijuana laws in the Philippines are not as strict as other nations … If offenders refuse treatment or don’t comply with the probation conditions, they may be sentenced to imprisonment. 6 0 obj Drugs can only be sold in licensed drugstores or drug trade houses (Article 1, Law on Pharmaceuticals and Medicinal Preparations). Legal Standing of Distributorship Agreements Distributorship agreements do not have a…, Importance of IP for Startups For entrepreneurs, registering an IP can be financially challenging and…. Laos charges those guilty of drug possession and trafficking with hefty fines, or long periods in prison. endstream 5237 (TPC), and although the law does make a distinction between drug trafficking (Art. %���� E-mail: [email protected], DRUG POSSESSION AND CRIMINAL PENALTIES IN TURKEY, Distributorship Agreements Under Turkish Law, INTELLECTUAL PROPERTY (IP) STRATEGY FOR START-UPS, Appeals Against Administrative Fines Imposed by the Turkish Data Protection Authority, Commercial Electronic Messages & Registration to Electronic Message Management System, Cross-Border Data Transfers in Turkey & Effects of the Data Protection Board’s Amazon Turkey Decision, COVID-19 LEGAL GUIDELINE FOR COMPANIES IN TURKEY, Infographic On Acquisition Of Turkish Citizenship By Investment, New Decision From Immigration Authority Regarding Touristic Residence Permits. 3 0 obj The chamber has submitted for review by the legislature a law to explicitly restrict the online sale of drugs in Turkey… As noted above, drug possession for personal use is regulated under Article 191 of the Turkish Penal Code. According to the Turkish Criminal Code: Possession or simple use of drugs is punished by a sentence of 1 - 2 years + heavy fines. Although this punishment seems severe, especially when compared to provisions applicable in Europe and the United States, this is nevertheless the applicable law in Turkey, and claiming that the offender did not know the law and therefore did not intend to commit the crime is not an adequate defense in such a situation. ‘Mere’ possession carries a minimum of one year in jail, and a maximum of two years. • The illegal drug trade in Turkey is a complex and multidimensional issue that pos- The main legislation and the provisions concerning illegal drugs are set forth at the Turkish Penal Code No. Philippines. -smoking laws - it is legal at 18 though some restrictions in public areas, such as restaurants, cafe's, etc-drinking law - it is legal at 18-basic drug laws - All drugs are prohibited and punishable by law, nothing like some countries going into the extent of death or life imprisonment. As noted above, the indirect consequences of a postponement decision can be quite severe, as the probation period can be quite long the requirements and measures assigned to the suspect during such probation period can be taxing, especially if the suspect believes that he/she is wrongly accused of such crimes. Since the postponement decision is not issued by a competent court but rather is directly issued by the prosecutors, there are no court hearings or a judicial process before such decision is issued (as the law sets forth this decision as a mandatory decision that must be issued by the prosecutors). If drug users refuse treatment or do not The program may include regular checks, which may require the suspect to appear before the directorate in pre-determined time intervals (for example once a week, or once every two weeks), periodic urine samples, rehabilitation and counseling services where the suspects are required to attend classes or are required to appear before counselors etc. Using drugs and drug dealing constitutes a crime in Turkey, just like in many other countries. However, the referred Article 173 only provides a right of objection only to the victim of the crime and only in cases where the prosecutor decides that the case does not merit a public prosecution and drops all charges. stream Av. According to subparagraph 1 of this Article 191, anyone who purchases, accepts, or possess illegal drugs for personal use shall be sentenced to prison from 2 years up to 5 years. The mechanism provided for drug possession charges is a mandatory mechanism that the prosecutors are required to use, whereas the general mechanism set forth the Criminal Procedure Code is an optional one, left to the discretion of the prosecutor. The laws on both items vary from state to state and country to country. If the sponsor has no representative in Turkey, the clinical trial application must be submitted through a CRO which is domiciled in Turkey (Article 12, Regulation on Clinical Trials of Drugs; Article 13, Regulation on Clinical Trials of Medical Devices). 1. This is therefore a complicated issue and courts have issued conflicting decisions regarding the right of objection of the suspect. It is therefore imperative that persons who are on probation to adhere to these rules strictly, and in case they are unable to keep an appointment date due to a justifiable reason, they should immediately notify the directorate regarding their current situation. Founded in 2002, Odaman & Taskin Law Office is located in Istanbul, Turkey and provides professional attorneyship and legal counselling services for major Turkish and international companies as well as individuals. According to the title, this article gives a discretionary power to prosecutors to decide whether to proceed with a public prosecution, subject to certain rules and requirements. Buying or using prescription drugs without a prescription: one to 3 years prison, plus fees. There are many other provisions in this law, allowing administrators to levy different punishments for different types of drugs and different types of drug dealers, but the prison sentences all tend to be quite long. Turkey has strict laws against the use, possession or trafficking of illegal drugs. Turkish taxi drivers love ripping off tourists, and they’ll either take the … 8 0 obj 191), all three are considered as acts of crime and are deemed as punishable offenses. 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