[Case Defended by a Drug Crime Attorney] A Non-Prosecution Decision on a Violation of the Narcotics Control Act With the Assistance of a Drug Crime Attorney

The client in this case made contact with a drug dealer through a chat application and purchased drugs for personal use.

The client mixed the purchased methamphetamine into a beverage and drank it, and also smoked cannabis purchased from the same drug dealer.

After the cyber investigation unit uncovered the offense, the client, facing a case for a violation of the Narcotics Control Act, came to a drug crime attorney at Daeryun to obtain assistance.

▶ Level of Punishment for Drug Administration and Simple Possession

■ Cannabis

⊙ Cannabis, etc.
- Cultivation, possession, ownership, transport, storage, and use of cannabis
- Smoking or ingesting the seed shells of cannabis or hemp, and possessing the shells
- Use of cannabis / provision of a place, facility, equipment, funds, or means of transport

⊙ Raw plants for psychotropic drugs of category (a)
- Smoking or ingesting raw plants / possessing or owning them for the same purpose

▷ Applicable Provisions

- Narcotics Control Act, Article 61(1)(1), (3), (4), and (6)

▷ Punishment
- Imprisonment for up to 5 years or a fine of up to 50 million won

■ Methamphetamine

⊙ Methamphetamine, etc. (psychotropic drugs of category (b))

- Possession, ownership, use, management, preparation, administration, and issuance of prescriptions
- Use / provision of a place, facility, equipment, funds, or means of transport

▷ Applicable Provisions

Narcotics Control Act, Article 60(1)(2)
Narcotics Control Act, Article 61(1)(1)

▷ Punishment

• - Imprisonment for up to 10 years or a fine of up to 100 million won
  - Imprisonment for up to 5 years or a fine of up to 50 million won

The client was receiving psychiatric treatment for conditions such as panic disorder, insomnia, and depression.

Because the conditions had not improved over a long period, the client committed the offense out of a desperate hope of relying on drugs as a last resort.

However, after administering the drugs, the client's condition did not improve but instead worsened with greater pain, and out of fear of having committed an unlawful act, the client discarded all of the drugs in his possession.

The client argued that he never came into contact with drugs again afterward.

When the effect of the psychiatric medication declined, the client purchased drugs once to check whether they were effective and consumed them by drinking and smoking.

The client did not habitually purchase and use narcotics over a long period; rather, he merely purchased a small quantity of drugs once and used them.

The drug crime attorney at Daeryun argued that the client purchased a small quantity of drugs only once and not habitually.

The client is a model member of society and a healthy member of the community who has worked diligently at his job.

The drug crime attorney argued that the client had no prior convictions of the same kind related to drugs.

In addition, the attorney demonstrated through letters of appeal and other means that the client had clear social ties.

The purpose of the Narcotics Control Act is to ensure proper handling and management of narcotics, psychotropic drugs, cannabis, and raw materials, and to prescribe the matters necessary for the treatment and prevention of drug addiction, thereby preventing harm to public health caused by their misuse or abuse and contributing to the improvement of national health and the creation of a healthy society.

As with the client above, if a person possesses or administers narcotics for any reason, a case will proceed for a violation of the Narcotics Control Act.

In such a case, rather than preparing for the case alone, it is advisable to obtain the assistance of a drug crime attorney at Daeryun with extensive experience in drug-related cases to defend the case.