Article 191 of the TCK No. 5237 provides for the crime of possession and use of drugs. The item that the person has with him within the limits of personal use, and it is recognized that the person has committed the crime of using if there is no concrete evidence that he is engaged in drug trafficking.
As is known, many types of drugs have appeared in the 21st century. According to the nature of these types of drugs, both the Supreme Court and the forensic medical institution have established certain limits of use. Because there are different properties of each drug and criteria are determined accordingly. Although the amount that can be accepted for personal use varies according to the physical and spiritual nature of the person, as well as the nature, type and quality of the drug or stimulant, the forensics department has determinations on the limits of personal use of drugs such as cannabis, heroin, cocaine, pills, etc.
According to the practices of the Criminal Offices of the Supreme Court, the personal use/amount of narcotic substances is as follows:
1. Cannabis Drug Substance: Annual net Over 600-700grams The cannabis substance is recognized by the Supreme Court as possession for the purpose of trafficking drugs. That is, around 600-700 grams of cannabis substances and amounts below are considered within the scope of possession of narcotic substances for use. Of course, it will also have to be judged according to the form of the event.
2. Heroin and Cocaine Drugs: Seized from the person if there is no other ancillary evidence in heroin and cocaine substances 20 grams and above It was considered by the Supreme Court that the drug was possessed not for the purpose of use, but for the purpose of trade. In this case, the Supreme Court concluded that it was possessed for commercial purposes.
3. Synthetic Pills: In synthetic pills containing narcotic substances 50pcs and above It was accepted by the Supreme Court that it was held for commercial purposes and not for use.
4. Methamphetamine: There is no exact measure of the quantity/limit of personal use of the substance methamphetamine. No determination can be made on the amount of daily, monthly or annual use of methamphetamine. Depending on the amount and personal characteristics of the methamphetamine substance ingested, the effect of the substance on the person and the duration of the expiration of this effect varies. For this reason, the courts assess each case separately. The manner of capture makes an ashen assessment according to other evidence and the qualities of the person.
5. Hemp Ingredient: According to Supreme Court practice, if there is no other evidence that they were planted for commercial purposes Hemp planted up to 20 roots It is accepted that it is cultivated within the scope of personal use.
6. Amount of Daily Use in Drug Substances: In the studies carried out, it was found that the daily amount of cannabis use was 2 grams, in heroin 150 milligrams, in cocaine 60 milligrams, in cocaine, 3-4 pieces in pills.
*****In addition, there is no exact measure of the quantity/limit of personal use in drugs such as bonzai, crack (stone), flakka, etc. For this reason, the courts assess each case separately.
It has been assessed that if the person has seized more than one type of drug, it has been assessed that the act will constitute a trafficking offense. For example, if the person has seized 30 grams of cannabis, 1 gram of heroin, 6 pills, 5 grams of cocaine, then there are rulings of the Supreme Court that the act constitutes a drug trafficking offense. Even if the criteria for the amount of personal use are basically observed, a conclusion must be reached by evaluating each file and each defendant on its own terms.
Finally, the Supreme Court of Judges and Prosecutors expressed the above-mentioned opinion of the Supreme Court on the amount/limit of personal use of drugs at the legal negotiation meeting of 2013.