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Note · TCK 188/6, 191

Getting ADHD Medication While Living in Türkiye: Prescription, Pharmacy Supply and the Limits of Possession

Someone treated for ADHD at home who then lives in Türkiye for work, study or a long stay meets a question that the border guides do not answer. Once the supply brought in runs out, or if none was brought at all, where does the next box come from, and what may be done with it once it is in hand? Turkish criminal law treats this as more than a pharmacy errand. Article 188/6 of the Turkish Penal Code (TCK) applies the narcotics provisions of Article 188 to every kind of substance whose sale depends on a prescription issued by an authorised physician and which produces a narcotic or stimulant effect. The prescription is the very feature the law uses to describe these substances, and the paragraphs it applies concern acts done without a licence or contrary to a licence. This note explains the lawful route through a physician in Türkiye and a pharmacy, what the law says about giving tablets to someone else, ordering them from abroad or buying them informally, how a personal-use file is handled under Article 191, and what Article 192/4 says about asking for treatment before any investigation begins. It is not medical advice. It does not say which medicine is on sale, which prescription form is used, how much may be dispensed or whether a prescription written abroad is accepted: those are questions for a physician and a pharmacist in Türkiye.

The short answer

The lawful route runs through a physician in Türkiye and a pharmacy

Two provisions set the frame for anyone who needs a continuing supply of a prescription stimulant while in Türkiye.

The first is TCK 188/6. It provides that the paragraphs of Article 188 also apply to every kind of substance whose production depends on the permission of the official authorities, or whose sale depends on a prescription issued by an authorised physician (yetkili tabip tarafından düzenlenen reçete), and which produces a narcotic or stimulant effect. The same paragraph adds that the penalty may be reduced by up to half.

The second is Article 15 of Law No. 2313 on the Control of Narcotic Substances. For the narcotic substances that Law covers, it provides that retail sale and sale against a prescription inside the country take place only in pharmacies (eczane).

Read together, the two provisions point to one lawful route: a physician authorised in Türkiye who examines the person and decides on the treatment, a prescription issued by that physician, and a pharmacy that dispenses against it. A friend who still has some tablets left, a seller on a messaging app, a parcel from home and a pharmacy asked to make an exception are all outside that route.

This note does not say whether any particular active substance is on the list of substances covered by Law No. 2313. Under Article 19 of that Law, further substances are brought within it by Presidential decision, and decisions of that kind continue to be issued. It also does not say which prescription form applies, whether a prescription written abroad is accepted at a Turkish pharmacy, how much may be dispensed at one time, or whether an import permit can be obtained. The physician and the pharmacist are the people who can say which document is needed in your case.

Whether to continue, change or stop a treatment is a clinical decision. It belongs to the physician, not to this page and not to a lawyer.

The provision

How a prescription medicine is brought into a narcotics article (TCK 188/6)

Article 188 is the Penal Code's provision on the manufacture of and trade in narcotic or stimulant substances. Paragraph 6 does not create a separate, lighter offence for medicines. It takes the paragraphs above it and applies them to a second group of substances, defined by two features that must both be present:

  1. Control. The production of the substance depends on the permission of the official authorities, or its sale depends on a prescription issued by an authorised physician.
  2. Effect. The substance produces a narcotic or stimulant effect.

Where both are present, the paragraphs of Article 188 apply, and the penalty may be reduced by up to half. The word is may: the reduction is for the court to decide, and the text does not make it automatic.

The paragraphs that matter for a person living in Türkiye are these.

  • TCK 188/3 punishes a person who, without a licence or contrary to a licence (ruhsatsız veya ruhsata aykırı olarak), sells, offers for sale, gives to others, ships, transports, stores, buys, accepts or possesses narcotic or stimulant substances inside the country. The penalty is imprisonment of not less than ten years and a judicial fine. Where the person to whom the substance is given or sold is a child, the prison term for the person who gives or sells it cannot be less than fifteen years.
  • TCK 188/1 punishes a person who manufactures, imports or exports narcotic or stimulant substances without a licence or contrary to a licence, with imprisonment of twenty to thirty years.
  • TCK 188/4-a provides that where the substance is heroin, cocaine, morphine, base morphine, synthetic cannabinoids and their derivatives, synthetic cathinones and their derivatives, synthetic opioids and their derivatives, or amphetamine and its derivatives, the penalty is increased by half.

Paragraph 4-a raises the penalties of Article 188. It does not say that any medicine is an amphetamine derivative, and neither does this note. Whether the active substance in a particular tablet falls into one of the categories in 188/4-a is a question for the forensic report and for the court; the page on the drug laboratory report explains how that report is produced and challenged.

What happens when ADHD medication is carried across the border on arrival is covered in a separate note, ADHD medication at the Turkish border. This note is about the time after arrival: obtaining a supply inside the country and keeping it within the law.

Obtaining it

Getting a supply in Türkiye: physician, prescription, pharmacy (Law No. 2313 Art. 15 and 24)

The steps below describe the route that the law itself points to. They are not a promise that a given medicine will be prescribed or will be on the shelf, and the physician may reach a different clinical view from the one at home.

  1. See a physician authorised to practise in Türkiye. Bring the medical records from home: the diagnosis, the treatment history, the active substance and the dose. A Turkish or English translation can help the physician read them. The decision on treatment is the physician's.
  2. Ask the physician what is required. Ask whether the medicine can be prescribed in Türkiye, which prescription is needed and what the physician needs from you. Do not assume that the answer will match the system at home.
  3. Fill the prescription at a pharmacy. Under Law No. 2313 Article 15, retail sale and sale against a prescription of the narcotic substances covered by that Law take place only in pharmacies. Ask the pharmacist which document the pharmacy needs to see.
  4. Keep the papers. Keep the pharmacy packaging, the patient leaflet and whatever record of the prescription and the dispensing you are given. They are the documents that show where the tablets in your bag came from.

Do not ask a pharmacist to make an exception. Under Law No. 2313 Article 24, a pharmacy owner or responsible manager (mesul müdür) who sells without a physician's prescription is punished under the relevant provisions of the Turkish Penal Code. A request to hand over a box now and see the prescription later is a request to commit that offence. On the buyer's side, a purchase that does not go through a prescription leaves the buyer holding a controlled substance without the document on which the lawful route depends.

A prescription from home. This note does not say whether a prescription written abroad is accepted at a Turkish pharmacy, and it should not be read as saying either yes or no. Ask the pharmacist and a physician in Türkiye before relying on it.

Online sellers and messaging apps. A seller who offers prescription stimulants without a prescription from an authorised physician is outside the route described above, whatever the website looks like and wherever the seller says it is based. Paying such a seller and receiving the goods is buying and accepting within the meaning of TCK 188/3, and the purpose of the purchase is then assessed by the prosecutor and the court.

Keeping it

The limits of possession: your own supply, and nobody else's (TCK 188/3, Law No. 2313 Art. 20)

A person who holds their own medicine, dispensed by a pharmacy on a prescription from a physician in Türkiye, is on the route the law describes. The risks begin where the medicine leaves that route: when it is passed on, when it belongs to someone else, or when it arrives from abroad by a channel that is not a pharmacy.

Giving tablets to someone else. TCK 188/3 lists giving to others (başkalarına veren) among the acts it punishes when done without a licence or contrary to a licence, next to selling and offering for sale. Read with 188/6, that includes a prescription stimulant handed to a partner, a flatmate, a classmate before an exam or a colleague before a deadline. The law does not treat this as a small favour. The prescription was issued for the patient, and the act of giving falls within the paragraph that carries a term of not less than ten years, which 188/6 allows the court to reduce by up to half. Selling surplus tablets falls within the same paragraph.

Holding someone else's medicine. A box dispensed on another person's prescription is not covered by your own. Transporting, storing and possessing are among the acts listed in 188/3. If you are asked to carry a family member's medicine, keep it in its pharmacy packaging with that person's documents, and remember that the prosecutor assesses the purpose of the possession from the circumstances. The page on carrying drugs for someone else sets out how that question is examined.

Ordering from abroad. TCK 188/1 covers import without a licence or contrary to a licence, and 188/6 applies it to prescription substances with a stimulant effect. A parcel of tablets sent from home to a Turkish address is therefore not a neutral shortcut around the pharmacy: the file that opens may be an import file. The note on drugs sent by post to Türkiye explains how such a file starts.

Seizure. Under Law No. 2313 Article 20/1, narcotic substances within that Law which someone tries to bring through customs without permission, which are sold without permission, or which are found with persons who have no legal authority to hold them, are seized under a written record and kept by the prosecutor's office as evidence of the offence. The tablets are taken before anyone has decided what the file is.

What happensProvision the file is examined underWhat the text says
Medicine prescribed by an authorised physician in Türkiye and dispensed by a pharmacyTCK 188/6; Law No. 2313 Art. 15188/6 describes these substances by the prescription requirement; under Art. 15, retail and prescription sale of substances within Law No. 2313 take place only in pharmacies
Tablets given or sold to a friend, partner or colleagueTCK 188/3 with 188/6Giving to others and selling without a licence: not less than ten years and a judicial fine; not less than fifteen years if given or sold to a child; may be reduced by up to half under 188/6
Tablets ordered from abroad to a Turkish addressTCK 188/1 with 188/6Import without a licence or contrary to a licence: twenty to thirty years; may be reduced by up to half under 188/6
Tablets bought without a prescription and heldTCK 188/3 or TCK 191/1188/3 covers buying, accepting and possessing without a licence; 191/1 covers buying, accepting or possessing for use; the prosecutor and the court assess the purpose
Pharmacy sells without a physician's prescriptionLaw No. 2313 Art. 24The pharmacy owner or responsible manager is punished under the relevant Penal Code provisions
Substance found with a person who has no legal authority to hold itLaw No. 2313 Art. 20/1Seized under a written record and kept by the prosecutor's office as evidence
If a file opens

Personal use, deferral of prosecution and asking for treatment (TCK 191, 192/4)

The line between Article 188 and Article 191 is purpose. TCK 191/1 punishes a person who buys, accepts or possesses narcotic or stimulant substances for use (kullanmak için), or who uses them, with imprisonment of two to five years. Article 188/3 lists the same acts of buying, accepting and possessing without that purpose. Which provision a file proceeds under is decided by the prosecutor and the court on the circumstances; the law gives no list of quantities in these provisions.

Where a file proceeds under Article 191, the statute sets out a route designed to end without a trial.

  • Deferral. Under TCK 191/2, the opening of the public case is deferred for five years (kamu davasının açılmasının ertelenmesi), without the conditions of CMK 171 being required. The decision is also notified to the police.
  • Supervision. Under TCK 191/3, supervised probation (denetimli serbestlik) is applied for at least one year during the deferral, and the period may be extended by six-month periods by up to two more years. Treatment may be ordered where needed, and the prosecutor refers the person for testing at least twice a year.
  • Breach. Under TCK 191/4, a public case is opened if, during the deferral, the person persists in not complying with the obligations or the treatment, or again buys, accepts or possesses the substance for use, or uses it. Under 191/5, such acts count as a breach and are not made the subject of a separate investigation.
  • Closing the file. Under TCK 191/7, if the person does not breach the obligations and prohibitions during the deferral, a decision of non-prosecution (kovuşturmaya yer olmadığı) is given.
  • Where a trial began under Article 188. Under TCK 191/8, if during a prosecution for manufacture of and trade in narcotic or stimulant substances under Article 188 it is understood that the act falls solely within Article 191, the court defers the announcement of the verdict (hükmün açıklanmasının geri bırakılması) within the framework of Article 191.
  • Location. Under TCK 191/10, the penalty is increased by half where the acts in 191/1 are committed in public places within two hundred metres of buildings such as schools, dormitories, hospitals, barracks or places of worship.

For a person who lives in Türkiye, the deferral route assumes presence: reporting, testing and, where ordered, treatment take place in Türkiye during the deferral. Anyone planning to leave the country during that period should read leaving Türkiye during drug supervision first. The five-year period itself is explained in the TCK 191 deferral note.

Asking for treatment before any investigation. Under TCK 192/4, a person who uses narcotic or stimulant substances and who applies to the official authorities or to a health institution asking to be treated, before an investigation has been started against them for buying, accepting or possessing the substance for use, is not punished. In that situation, public officials and health professionals are not under the duty to report the offence. The timing is the condition: the paragraph speaks of an application made before an investigation begins.

If the police or the prosecutor have already contacted you about medication, do not explain where tablets came from before you have spoken to a lawyer. The general framework for narcotics files is on the drug offences page, and the wider position on medicines is on medication laws in Türkiye.

Questions

ADHD medication while living in Türkiye: questions from foreign nationals

I have run out of the ADHD medication I brought with me. What is the lawful way to get more in Türkiye?
The route the law points to is a physician authorised to practise in Türkiye, a prescription issued by that physician, and a pharmacy. TCK 188/6 describes these substances by reference to a prescription issued by an authorised physician, and under Law No. 2313 Article 15 retail and prescription sale of the substances within that Law take place only in pharmacies. Whether a particular medicine can be prescribed, and which document is needed, is for the physician and the pharmacist to say.
Will a Turkish pharmacy accept the prescription from my doctor at home?
This note does not answer that question, because the rules on prescription forms and on prescriptions written abroad were not part of the provisions it is based on. Ask the pharmacist and a physician in Türkiye before relying on a prescription from home. What the law does say is that a pharmacy owner or responsible manager who sells without a physician's prescription is punished under the Penal Code (Law No. 2313 Article 24).
Can I give a few of my tablets to a friend who has the same diagnosis?
TCK 188/3 punishes giving narcotic or stimulant substances to others without a licence or contrary to a licence, and TCK 188/6 applies that paragraph to prescription substances with a stimulant effect. The penalty in 188/3 is not less than ten years' imprisonment and a judicial fine, which the court may reduce by up to half under 188/6. A shared diagnosis does not make your prescription theirs.
Can my family post my medication to me from home?
TCK 188/1 covers importing narcotic or stimulant substances without a licence or contrary to a licence, and 188/6 applies it to prescription substances with a stimulant effect. A parcel of tablets sent to a Turkish address can therefore open an import file. Law No. 2313 Article 20/1 also provides for the seizure of substances within that Law brought through customs without permission. Whether an import permit can be obtained is not covered in this note.
Is my ADHD medicine an amphetamine derivative under Turkish law?
This note does not say so for any medicine. TCK 188/4-a increases the penalties of Article 188 by half where the substance is, among others, amphetamine or its derivatives. Whether the active substance in a particular tablet falls into that category is a question for the forensic report and the court in a given file.
I bought tablets informally for my own use and now worry about it. What does the law say?
TCK 191/1 punishes buying, accepting or possessing narcotic or stimulant substances for use, or using them, with two to five years' imprisonment, and 191/2 provides for a five-year deferral of the public case. Under TCK 192/4, a person who uses such substances and applies to the official authorities or a health institution for treatment before an investigation is started is not punished, and officials and health professionals are then not under the duty to report. A lawyer can tell you how these provisions apply to your situation.
What happens to the tablets if the police find medicine I cannot document?
Under Law No. 2313 Article 20/1, narcotic substances within that Law found with persons who have no legal authority to hold them are seized under a written record and kept by the prosecutor's office as evidence. Keeping your own medicine in its pharmacy packaging with the dispensing documents helps show where it came from; it is the prosecutor who assesses the file.
Turkish terms on this page3 terms

The file is written in Turkish. These are the words you will see in it, with the provision behind each.

kovuşturmaya yer olmadığı — decision not to prosecute
The prosecutor's decision closing the investigation where the evidence does not give sufficient suspicion or prosecution is not possible (CMK 172/1). It is served with the objection route and period.
hükmün açıklanmasının geri bırakılması — deferral of the judgment (HAGB)
Where the sentence is two years or less, the court may defer announcing the judgment (CMK 231/5) for a five-year supervision period (CMK 231/8). If the period passes cleanly the judgment is set aside and the case dismissed (CMK 231/10).
denetimli serbestlik — probation (supervised release)
Serving the last part of a sentence outside prison under supervision, for eligible prisoners (Law no. 5275, art. 105/A), and the supervision measures attached to other decisions.
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