CONTENTS
- 1. Narcotics | Nature of the Offense
- 2. Narcotics | Definition of Controlled Substances
- - Narcotics
- - Psychotropic Drugs
- - Cannabis
- - Temporary Controlled Substances
- 3. Narcotics | Main Types of Offenses
- - Case Law on Narcotics Offenses
- 4. Narcotics | Penalty Levels by Type
- - Narcotics Offenses FAQ
- 5. Narcotics | Response Measures When Involved
1. Narcotics | Nature of the Offense
Narcotics are chemical substances that cause addiction and dependence in the human body, and repeated administration can cause serious hallucinations, decline in bodily function, and cognitive distortion.
Because they go beyond merely being substances harmful to health and threaten social order and are also connected to violent crime, Korea strictly regulates the handling and management of narcotics through the Act on the Management of Narcotics, etc. (hereinafter the Narcotics Control Act).
Narcotics may be handled only by persons designated as narcotics handlers.
For others, that is, members of the public, all acts such as possession, administration, sale, manufacture, and import or export are illegal and subject to criminal punishment.
The World Health Organization defined narcotics as follows.
-Tolerance: the amount of the drug used must be gradually increased
-Withdrawal symptoms: stopping use of the drug produces symptoms in the body that are hard to endure
-Adverse effects: the harm is not limited to the individual but affects neighbors and society
2. Narcotics | Definition of Controlled Substances
Controlled substances refer to drugs that are strictly managed by law because they can harm a person's body or mind.
The law classifies these into the following three categories.
▶Narcotics
▶Psychotropic drugs
▶Cannabis
These drugs may not be possessed or used by the general public except in special cases such as medical or research purposes, and a violation results in criminal punishment.
Below is a summary of which drugs are included in each category.
Narcotics
Narcotics are substances with strong addictiveness and hallucinogenic and analgesic effects. The main examples are as follows.
-Poppy: plants of specific species such as Papaver somniferum, Papaver setigerum, and Papaver bracteatum
-Opium: the hardened sap collected from the poppy, or a processed form thereof
-Coca leaf: the leaf of the coca plant. However, leaves from which all narcotic components (such as cocaine) have been removed are excluded.
-Narcotic substances extracted from the above plants or chemically synthesized
e.g., cocaine, heroin, morphine, codeine, fentanyl, methadone, desomorphine, etc.
-Mixtures or preparations containing the above drugs
Psychotropic Drugs
Psychotropic drugs are drugs that act on the brain and affect consciousness, emotion, behavior, and similar functions, and when misused or abused, they carry strong mental and physical dependence.
The law classifies them into four levels according to the risk of abuse and the possibility of medical use.
▸Group 1
-Characteristics: not used even for medical purposes and lacking in safety, causing serious harm when misused or abused
-Examples: LSD, DMT, psilocin, bufotenine, and others
▸Group 2
-Characteristics: used only for very limited medical purposes, with a high risk of addiction
-Examples: philopon (methamphetamine), ecstasy (MDMA), ketamine, and others
▸Group 3
-Characteristics: relatively low concern over abuse but with mental dependence
-Examples: barbiturates, pentobarbital, Rohypnol (flunitrazepam), and others
▸Group 4
-Characteristics: the lowest level of addictiveness and concern over abuse
-Examples: zolpidem, GHB (liquid ecstasy), nalbuphine, and others
Cannabis
Cannabis is a plant commonly known as marijuana, and it contains components that cause hallucinatory effects.
-Cannabis plants and their resin (樹脂, hardened sap)
-Products made using cannabis plants or resin as a raw material
-Synthetic substances with chemically identical components
-Mixtures or preparations containing the above substances
Temporary Controlled Substances
Recently, in addition to existing narcotics, new hallucinogenic substances continue to appear, so the government regulates them preemptively through the temporary narcotics system.
▶Requirements for designation as a temporary narcotic
-A substance that may cause serious harm to health if misused or abused
-A substance that acts on the central nervous system or that is similar in structure or effect to existing narcotics
The law classifies temporary narcotics as follows.
-Class 1 temporary narcotics: highly addictive and toxic and structurally similar to existing narcotics
-Class 2 temporary narcotics: toxic but lower in risk than Class 1
3. Narcotics | Main Types of Offenses
Crimes related to narcotics occur in various forms.
1. Simple possession and administration
This is the case of unlawfully possessing or administering narcotics, an act with strong personal addictiveness. Even if the number of times of administration or the amount is small at first, it is subject to punishment, and if repeated, it can lead to a heavy sentence.
2. Manufacture and sale
The act of unlawfully manufacturing or distributing narcotics is regarded as that of a supplier and draws even heavier punishment.
Manufacture or sale is usually connected with organized crime, so the likelihood of detention is high, and investigative agencies sometimes apply the crime of organizing a criminal group or the Act on Aggravated Punishment of Specific Crimes.
3. Import, export, and smuggling
The act of smuggling narcotics across borders or bringing them in or out is regarded as an international crime, and severe criminal punishment follows.
Recently, as small-scale smuggling using international mail, air parcels, and the like has increased, investigations related to this are being actively conducted.
4. Involvement of juveniles and for specific purposes
Recently, the social problem of minors easily gaining access to narcotics through the internet, social media, and similar channels has been spreading, and there are also many cases in which psychotropic drugs such as diet pills or sleeping aids like zolpidem are misused for non-medical purposes.
Even for a juvenile drug offender, given the significant social impact, the likelihood of an actual custodial sentence is gradually increasing.
Case Law on Narcotics Offenses
1. Judgment that a 3-month suspension of qualification disposition against a dentist who self-administered drugs is lawful
The Seoul Administrative Court ruled against the plaintiff in a lawsuit filed by A, a dentist who self-administered methamphetamine and received a fine, against the Minister of Health and Welfare seeking revocation of the disposition suspending the dental license.
The court found that "a dentist's self-administration also constitutes a medical act, and this violates the duty of a medical practitioner, who is required to maintain a high degree of morality and ethics, and undermines social trust."
Accordingly, it held that the 3-month suspension of the doctor's license imposed by the Ministry of Health and Welfare conformed to the principle of proportionality and to procedure and was therefore lawful.
Issues:
- Whether a medical practitioner's act of administering drugs to himself constitutes an "unethical medical act"
- Whether self-administration is a legitimate ground for a license suspension
- The necessity and proportionality of the administrative disposition for restoring the morality and trust of medical practitioners
2. The Supreme Court's first precedent holding that a rehabilitation education order is possible even where another drug is administered by "mistake" regarding the narcotics administered
The Supreme Court affirmed the lower judgment that imposed on defendant A, who administered another psychotropic drug (fluoro-2-oxo PCE) mistaking it for ketamine, 2 years of imprisonment and an order to complete a 40-hour drug addiction rehabilitation education program.
The Supreme Court determined that "under the Narcotics Control Act, a completion order may apply regardless of whether the crime was consummated, as long as the person was actually exposed to a narcotic," and held that even an impossible attempt may be treated the same as a consummated crime in view of its addictiveness and the possibility of recidivism.
This judgment is the first Supreme Court precedent to expressly recognize that a person who administers another narcotic with the intent to administer a specific narcotic also constitutes a "narcotics offender" subject to a completion order.
Issues:
- Whether an offender who commits an impossible attempt is included among those subject to a rehabilitation education completion order under the Narcotics Control Act
- Whether a person who, contrary to their intent, administers another narcotic by mistake can be regarded as a "narcotics offender"
- The purpose and scope of application of attendance and completion orders for narcotics offenders
4. Narcotics | Penalty Levels by Type
For narcotics, the case is investigated by comprehensively assessing matters ranging from the route by which the drug was possessed to the identification of the type of drug-handling conduct, the number of times the drug was administered and its persistence, and the scale of the case.
Accordingly, the procedure may proceed differently from an ordinary criminal case, so it is necessary to conduct a legal consultation together with a narcotics specialist attorney who has experience in narcotics cases and to respond from the early stage.
The levels of punishment by type of narcotics crime are as follows.
| Conduct | Level of punishment |
| Import or export of narcotics or temporary narcotics | Life imprisonment or imprisonment for at least 5 years |
| Delivering, administering, or providing narcotics or temporary narcotics to a minor | |
| Import or export of raw materials for the purpose of manufacturing narcotics | |
| Cultivating plants that are raw materials for narcotics for the purpose of import or export | Imprisonment for a definite term of at least 1 year |
| Import or export of psychotropic drugs | |
| Possession of psychotropic drugs for the purpose of import or export | Imprisonment for a definite term of at least 10 years |
Narcotics Offenses FAQ
The following examines frequently asked questions about narcotics offenses.
Q. Cannabis components were detected in jelly I bought as a travel souvenir. I bought it without knowing. Can I be punished?
A. Yes, you may be subject to punishment.
Under the "Narcotics Control Act," bringing into the country or consuming food containing cannabis components (jelly, chocolate, and the like) without the approval of the Ministry of Food and Drug Safety is illegal.
Even if it is a souvenir, if it contains cannabis components, it is regarded as "possession or use of cannabis," and you may be subject to criminal punishment, so particular care is needed.
The above case is one for which a person may face imprisonment for up to 5 years or a fine of up to 50 million won.
Q. May I purchase "butterfly pills" (appetite suppressants) through SNS, Telegram, or the like?
A. No.
The online sale of and advertising for narcotics is illegal, and for medical narcotics (psychotropic drugs) distributed online and purchased, not only the seller but also the purchaser is subject to punishment, so they must never be sold or purchased.
A person who violates this is subject to imprisonment for up to 5 years or a fine of up to 50 million won.
5. Narcotics | Response Measures When Involved
In drug crimes, procedures such as search and seizure, arrest, and detention often unfold from the early stage of the investigation, so suspects experience considerable psychological and legal burden.
In particular, the investigation methods are highly specialized and complex, making use of digital forensics, analysis of communication records, and international cooperative investigation.
1. Responding to search and seizure and arrest
Where an arrest or a search and seizure of a residence, vehicle, mobile phone, or the like has taken place, the legality of the legal procedures should be confirmed, and statements and document submissions should be made in the presence of defense counsel.
Indiscriminate confession may lead to a custodial sentence later, so consultation with defense counsel is critical before making statements.
2. Responding to the warrant substantiation hearing and detention investigation
In drug cases, detention is likely to occur on the ground of concerns over destruction of evidence and flight.
In the pre-detention examination of the suspect (warrant substantiation hearing), the full circumstances of the case, the suspect's social foundation, and whether the suspect shows remorse should be thoroughly prepared in order to prove that detention is not necessary.
3. Responding at the trial stage
The court determines the sentence by comprehensively considering the circumstances of the drug handling, the purpose of use, the degree of remorse, and the likelihood of reoffending.
It is important to establish grounds for leniency from multiple angles with the assistance of a criminal law attorney and defense counsel with extensive experience in drug cases.
Drug cases involve not only legal issues but also psychological and medical elements, so they require a different approach from ordinary criminal cases.
The narcotics attorneys at our firm provide the following defense assistance.
-Analysis of the circumstances of drug possession and use, and arguments to exclude unlawfully collected evidence
-Responses related to digital forensics and analysis of communication records
-Review of the legality of arrest and search-and-seizure procedures
-Arguments on the absence of grounds for detention and requests for release
-Preparation of materials for leniency to secure a suspension of indictment or a suspended sentence
-Establishing parallel strategies such as custody for treatment, probation, and completion of education
-Tailored defense strategies for minors, first-time offenders, and female suspects
In drug crimes, a prompt response is the most important of all.
Daeryun Law Firm operates branch offices in regions throughout the country and a 24-hour emergency consultation system available 365 days a year, so please contact us at any time.
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