The “amount” criterion in the determination of personal possession offenses involving the four most common drugs in Türkiye's supreme court

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Abstract
The possession and trafficking of drug substances is one of the major public health problems. When examining court records of drug offenses, it is often found that the dealer may claim to be a user in order to avoid punishment. Of course, it is essential to determine whether the crime is drug trafficking or personal possession. The role of the courts in determining the purpose of possession is quite complex, as it requires an understanding of the offender's intent. This situation shows us that two articles in Turkish law (TPC No. 5237, Articles 188 and 191) could not be drawn with clear lines. Although there are many factors that cause this unclarity, the most complex one is the amount of substance recovered, i.e., the threshold value. This threshold terminology is a situation of great importance, given the increase in the types of illegal substances in today's world. In this study, we examined the verdicts (805 files) on the four main classical illicit substances commonly found in Turkish courts between 2016 and 2023 to determine the conditions that play an important role in determining the intention to supply drugs based on judicial principles.

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