WHAT IS THE CRITERION OF “ANNUAL USE AMOUNT” IN DRUG TRAFFICKING OFFENCES?
In the trial of drug offences, the criterion of “annual usage amount”, which is a criterion determined. By the Court of Cassation, is important. When determining whether the narcotic substance is within the scope of use or trade. However, the Court of Cassation finds it unlawful to determine the personal annual usage limit. By dividing the amount of drugs seized by the number of perpetrators. Without sufficient justification and without evaluating other evidence, and to determine this action according. To this characterisation. Therefore, it should not be overlooked that other evidence. Is of great importance in addition to this criterion.
It should be noted that even if the narcotic substance is 1 gram. If the existence of sale, procurement, transfer, transfer and similar actions is determined. By ancillary evidence, the defendant. Will be sentenced for drug trafficking. By applying Article 188/3 of the TPC.
The amount that can be accepted for the perpetrator’s personal. Use varies according to the physical and mental structure of the person and the nature. Type and quality of the drug and stimulant substance.
The Ali Medical Institute has assessed. That drug users can consume cannabis 3 times a day, one to one and a half grams each time. The Court of Cassation concluded. That 600-700 grams of cannabis mentioned. In the forensic report is within the annual. Personal use limits.
CANNABIS AND CANNABIS HEMP;
The Court of Cassation has adopted. That cannabis over 600-700 grams per year should be accepted as possession. For commercial purposes.
The number of roots and the amount of cannabis. That can be obtained should. Be taken into consideration in determining. The purpose of trade or use in the offence of planting female castor cannabis. According to the Court of Cassation, if there is no other evidence. That they are planted for commercial purposes. Cannabis plants planted up to 20 roots can be accepted. Within the scope of personal use.
HEROIN AND COCAINE
In the absence of any other ancillary. Evidence in heroin and cocaine substances, the possession of 20 grams or more of the substance seized from. The person is accepted as possession for commercial purposes.
The daily usage amount for heroin is 150 mg and 60 milligrams for cocaine.
In Turkey in 2012, it was determined. That the purity rate of cocaine varies between 10% and 92%. In this case, if the purity rate of the cocaine seized from the defendant is 84%, it can be accepted. That one dose of cocaine is 50-100 mg.
SYNTHETIC PILLS
In the case of synthetic pills containing narcotic drugs. The Court of Cassation has also adopted that 50 or more pills are kept for trade purposes, not for use. The daily usage amount in pills is 3-4 pieces.
METHAMPHETHAMINE
One use of methamphetamine (crystal) substance comes in an average of 0.05 g. For example, an average of 257 drugs can be obtained from 12.85 g of methamphetamine. The Court of Cassation considers the amount given in this example within the scope of drug trafficking. 9.9 grams of methamphetamine substance was accepted by the Court of Cassation as being within the limit of personal use due to the lack of any other evidence, and the Court of Cassation accepted that it was possessed for use
SEIZURE OF MORE THAN ONE TYPE OF NARCOTIC SUBSTANCE;
It is considered that the act. Will constitute the offence of trafficking when more than one kind of narcotic substance, but less than the amounts shared above. Is seized from the person. A person who uses narcotic substances. Usually possesses one or two different narcotic substances with similar potency. For this reason, it can be accepted that the defendant who possesses heroin, cocaine, cannabis and amphetamine. Containing tablets with different qualities and different effects, possesses them for the purpose of selling them.
HOW TO DETERMINE THE OFFENCE OF DRUG TRAFFICKING?
The amount of narcotic substances seized is an important element in determining the offender’s intention to trade narcotics. Here, the purpose of the perpetrator in the act is taken into consideration.
A report should be obtained from an expert on whether the amount of narcotic substance seized from the perpetrator is within the annual personal use limits.
If there is no evidence in the trial file that the narcotic substance. Was possessed for trade, procurement, transport and similar purposes, the perpetrator’s intention to trade narcotic substances. Should be determined according to the amount of narcotic substance.
The amount of narcotic substance seized. Cannot be automatically divided by the number of perpetrators to determine. The annual limit of personal use. Other criteria and evidence must be taken into consideration.
The actions of the accused, the way the narcotic substance was seized and possessed, the time and place where the narcotic substance was found, whether the accused used narcotic substances or not, the social and economic status of the accused are also of great importance and are taken into consideration in determining the offence.
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