Medical Cannabis and Legal Framework in Türkiye

In Türkiye, the use of "medical cannabis" is possible within certain limits; However, the legal framework of this issue is misunderstood by the public. This article explains the current regulation.

Legal Framework

• Law No. 2313 on the Control of Narcotic Drugs: Hemp cultivation is subject to strict licensing; It is possible under certain conditions for fiber production in 19 provinces for agricultural purposes.
• Regulation on Licensing of Medicinal Products for Human Use: Medical cannabis-based drugs can be used by prescription with the permission of the Ministry of Health.
• SUT (Health Practice Communiqué): Reimbursement in certain indications.

CBD vs THC Distinction

• THC (tetrahydrocannabinol): Psychoactive effect. It's under control.
• CBD (cannabidiol): No psychoactive effect. It is sold as a food supplement in some countries.
• The legal status of CBD content in Türkiye is controversial; Imports other than authorized products may cause serious problems.

Use as Medicinal Drug

• Sativex (nabiximols): Indicated for MS, can be prescribed in certain centers.
• Epidiolex (CBD): US approved for pediatric epilepsy; Additional permission to enter Türkiye.
• Homemade or off-label cannabis products are prohibited, even without a doctor's prescription.

Supreme Court and Council of State — Principle

The Council of State accepts that the prescription use of drugs authorized by the Ministry of Health is legally legitimate and that this use cannot be evaluated within the scope of TCK Article 188 or Article 191. The 10th CD of the Supreme Court considers use other than the authorized prescription as a crime.

Import and Postal Control

CBD products ordered from abroad may be held by customs. In this case:

• If THC is detected in the product, it is considered a drug.
• Even if it is pure CBD, unlicensed import may be a crime since it is a medical product.
• Customs report is prepared and can be referred to the prosecutor's office.

Practical Considerations