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Cannabis: smoking, possession or dealing: statutory penalty and likely requested sentence

The statutory penalty for Cannabis: smoking, possession or dealing and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Smoking or possession: up to 5 years in prison or a fine of up to KRW 50 million / dealing or brokering: 1 year or more in prison for a fixed term
Legal basis
Act on the Control of Narcotics, etc., Articles 61(1)(4) and (6) and 59(1)(7)
Category
Drugs · Act on the Control of Narcotics, etc.

Calculate with your own circumstances

What you did
times
Was it simple smoking, and are you willing to get treatment or rehabilitation?
Answer all 3 questions and the estimate appears right away. (0/3)

What the handling steps mean

  1. Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
  5. Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

  1. Detention considered

    Likely requested sentence
    1 to 3 years in prison

    Selling, growing a large amount, or a repeat offense leads to detention being considered.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    1 year or more in prison

    The standard is to request 6 months to 1 year less than for dealing methamphetamine.

  3. Formal trial (prison sentence requested)

    Likely requested sentence
    8 months to 1 year 6 months in prison

    The request depends on how often and how much was smoked, prior records, etc.

  4. Suspension of indictment possible

    For a first offense of simple smoking with a willingness to rehabilitate, the usual handling standard is a suspension of indictment conditional on treatment (or education).

Notes

  • Giving it to a minor or smoking together with a minor is punished heavily with 1 year or more in prison.
  • Detention requires a legal ground such as a risk of fleeing or destroying evidence, so many cases proceed without detention even when they meet this standard.

Frequently asked questions

Cannabis: smoking, possession or dealing: what is the statutory penalty?
Legal basis: Act on the Control of Narcotics, etc., Articles 61(1)(4) and (6) and 59(1)(7). Statutory penalty: Smoking or possession: up to 5 years in prison or a fine of up to KRW 50 million / dealing or brokering: 1 year or more in prison for a fixed term.
Cannabis: smoking, possession or dealing: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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