Methamphetamine (street names "kristal", "ice", "pervitin") is a drug that has spread rapidly in Türkiye in recent years. Its legal regime is within the scope of TCK Article 188; However, it is not directly included among the articles listed in Article 188/4 — this is a frequently discussed point in practice.
Legal Status
- Methamphetamine is a drug/stimulant within the scope of Law No. 2313 and the 1961 UN Single Convention.
- It is considered "synthetic cannabinoid" in the Turkish Penal Code Article 188/4 list, but "methamphetamine" is not written directly.
- Nevertheless, the Supreme Court has firmly adopted the decision to impose a sentence close to the upper limit due to methamphetamine's high addiction and health effects.
Import Size
A significant portion of methamphetamine in Türkiye enters through the Iranian border; The import crime (Art. 188/1) brings about very heavy penalties (20-30 years) close to life imprisonment. Whether the defendant is a "carrier" or an "organizer" and his place in the organizational hierarchy are decisive in determining the penalty.
Purity and Net Matter
Crystal methamphetamine purity varies between 50-95%; Therefore, two samples of the same gross weight may contain different net active ingredient. In methamphetamine files, the Supreme Court requires that net substance + purity measurement be clearly included in the criminal report.
Supreme Court 10th CD — Principle
10. CD accepts that although methamphetamine is not one of the substances listed in TCK Article 188/4, the substance's "effect on health and society" and "addiction potential" should be taken into consideration in the basic penalty assessment, and that there are factors that justify a sentence close to the upper limit.
Traffic and Positive Test
Methamphetamine can be detected in urine for 1-4 days and in hair for up to 90 days. In case of a positive test in traffic, additional crimes such as KTK Article 48 and TCK Article 179 (endangering traffic safety) come to the fore.
Practical Considerations
- The purity level and net substance amount report should be examined meticulously.
- In case of border violation allegations, customs reports and communication records should be checked.
- Whether the defendant is a "carrier" or "organizer" should be evaluated by the financial and communication flow.
Methamphetamine cases are serious cases that result in high penalties. Experienced criminal defense attorney support is indispensable.