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CHARGES

Drug charges and penalties

Korea regulates narcotics, psychotropic substances and cannabis under the Narcotics Control Act. The penalty depends on the substance and the conduct.

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Statutory penalties at a glance

ProvisionConductStatutory penalty
Narcotics Control Act Art. 61Smoking or possessing cannabisUp to 5 years' imprisonment or a fine up to KRW 50 million
Narcotics Control Act Art. 60Using or possessing methamphetamine and other psychotropicsUp to 10 years' imprisonment or a fine up to KRW 100 million
Narcotics Control Act Art. 58Importing, exporting or manufacturing narcotics / psychotropicsLife imprisonment or at least 5 years
Aggravated Punishment Act Art. 11Import etc. worth KRW 50 million or moreLife imprisonment or at least 10 years
01

Drug use

In methamphetamine, ketamine and ecstasy cases, urine and hair test results and how you came to use are central.

Psychotropics such as methamphetamine: up to 10 years or a fine up to KRW 100 million

Key issues

  • How samples were taken and what the tests show
  • How the date, place and method of use are specified
  • Circumstances of first use and whether it was repeated
  • Treatment and a plan to prevent relapse

Even for a first offence, the substance and frequency affect the outcome. A suspended indictment conditional on education or treatment is sometimes considered.

02

Possession

How much you had, how you got it and why you kept it can change the penalty dramatically.

Psychotropics: up to 10 years or a fine up to KRW 100 million; much heavier if intended for sale

Key issues

  • Whether the amount exceeds personal use
  • Any sign of intent to sell
  • Whose items they were, or whether you were asked to keep them
  • Whether you knew they were drugs

Possession is often charged together with use or dealing, so all charges should be reviewed at once.

03

Dealing, giving and brokering

Selling, handing over or arranging deals is punished far more heavily than use. Profit or repetition can trigger aggravated penalties.

Heavier than use; life imprisonment is provided for some substances

Key issues

  • Messenger chats (e.g. Telegram), crypto and bank records
  • Your actual role: seller, courier or go-between
  • Whether you were paid and how often
  • Quantity and value involved

Your role and whether you were paid determine the charge. Make sure your role is not mischaracterised in the first statement.

04

Cannabis

Cannabis is a controlled drug in Korea. Smoking, possession, cultivation and trade are all criminal.

Smoking / possession: up to 5 years or a fine up to KRW 50 million

Key issues

  • Which act: smoking, possession, cultivation or sale
  • Personal use or intent to sell
  • Hair and urine test results
  • Korean nationals can be punished for smoking abroad, even where it is legal

Cultivation may be treated seriously because it can suggest intent to sell.

05

Import and online orders

Ordering drugs from abroad online or receiving them by international mail counts as import, which carries very heavy penalties.

Import / manufacture: life imprisonment or at least 5 years

Key issues

  • Whether you knew the parcel contained drugs
  • Customs detection and controlled delivery
  • Who ordered and in whose name it was received
  • Personal use or intent to sell

Early action is critical. If you only lent your address or did not know the contents, secure the evidence quickly.

06

Prescription drugs

Propofol, zolpidem and fentanyl patches can also lead to punishment if used or obtained outside a proper prescription.

Depends on the substance and conduct under the Narcotics Control Act

Key issues

  • Whether the prescription served real treatment
  • Multiple prescriptions from several clinics or in another person's name
  • Buying without a prescription
  • Whether the clinic is also under investigation

If you had a genuine medical reason, medical and prescription records are the key evidence.

This site provides general legal information, not advice on any specific case. Outcomes depend on the facts of each case.

Before you give your first statement,
talk to a lawyer.

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