Key Points
- Controlled drugs fall into three groups: narcotics, psychotropic substances (Items Ga, Na, Da and Ra), and cannabis (Article 2 of the same Act).
- Using, possessing or selling meth, MDMA or ketamine (Item Na) carries imprisonment of up to 10 years or a fine of up to KRW 100 million; for propofol or zolpidem (Item Ra) it is imprisonment of up to 5 years or a fine of up to KRW 50 million.
- Smoking or possessing cannabis carries imprisonment of up to 5 years or a fine of up to KRW 50 million, but selling it carries imprisonment for a fixed term of at least 1 year, and importing it imprisonment of at least 5 years or life imprisonment.
- If the value of narcotics or psychotropic substances is KRW 5 million or more, the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법) applies, and a conviction for drug use comes with a lecture or program completion order of up to 200 hours.
1. Which drug falls into which category
- Narcotics · Includes substances extracted from the opium poppy, opium and coca leaves, and synthetic narcotics. Examples are cocaine, heroin, morphine, opium and fentanyl-type drugs.
- Psychotropic Item Ga · Drugs not used in hospitals with a very high risk of misuse and abuse. Includes LSD, psilocybin, mescaline and kratom.
- Psychotropic Item Na · Drugs with very narrow medical use that cause severe dependence when misused. Includes methamphetamine (meth), MDMA, ketamine and methylphenidate.
- Psychotropic Item Da · Drugs used in treatment with a lower risk of misuse than Items Ga and Na; the names are listed in Annex 5 of the Enforcement Decree.
- Psychotropic Item Ra · Used in treatment, this is the grade with the lowest potential for dependence. Examples include propofol, zolpidem, alprazolam, phentermine and GHB.
- Cannabis · Includes the cannabis plant, its resin, and products made from either. Cannabis oil and liquid cannabis are treated the same way.
The classifications of the representative drugs were confirmed in Annex 3 (Item Ga), Annex 4 (Item Na) and Annex 6 (Item Ra) of the Enforcement Decree of the same Act.
2. Statutory penalties by drug
Below, "imprisonment of up to 10 years or a fine of up to KRW 100 million" means the court chooses one of the two. The applicable provisions are Article 58 (imprisonment of at least 5 years or life imprisonment), Article 59 (imprisonment for a fixed term of at least 1 year), Article 60 (imprisonment of up to 10 years or a fine of up to KRW 100 million), and Article 61 (imprisonment of up to 5 years or a fine of up to KRW 50 million).
- Narcotics · Use carries imprisonment of up to 10 years or a fine of up to KRW 100 million; possession, imprisonment for a fixed term of at least 1 year; sale, imprisonment of at least 5 years or life imprisonment (giving or receiving, imprisonment for a fixed term of at least 1 year); and import or export, imprisonment of at least 5 years or life imprisonment.
- Psychotropic Item Ga · Use carries imprisonment of up to 10 years or a fine of up to KRW 100 million; possession, imprisonment for a fixed term of at least 1 year; and sale as well as import or export, imprisonment of at least 5 years or life imprisonment.
- Psychotropic Item Na · Use, possession and sale all carry imprisonment of up to 10 years or a fine of up to KRW 100 million; only import or export carries imprisonment of at least 5 years or life imprisonment.
- Psychotropic Item Ra · Use, possession and sale carry imprisonment of up to 5 years or a fine of up to KRW 50 million; import or export carries imprisonment of up to 10 years or a fine of up to KRW 100 million.
- Cannabis · Use and possession carry imprisonment of up to 5 years or a fine of up to KRW 50 million; sale, imprisonment for a fixed term of at least 1 year (giving or receiving, imprisonment of up to 5 years or a fine of up to KRW 50 million); and import or export, imprisonment of at least 5 years or life imprisonment.
For heroin, both possession and use carry imprisonment for a fixed term of at least 1 year (Article 59(1)3).
3. Grounds that increase the sentence
| Ground | Aggravated penalty | Legal basis |
|---|---|---|
| For-profit or habitual (conduct under Article 58) | Death penalty · imprisonment of at least 10 years or life imprisonment | Article 58(2) of the same Act |
| Habitual (conduct under Article 59) | Imprisonment for a fixed term of at least 3 years | Article 59(2) |
| Habitual (conduct under Articles 60 · 61) | Increased by up to one half | Articles 60(2) and 61(2) |
| Providing narcotics · psychotropic substances to a minor, etc. | Imprisonment of at least 5 years or life imprisonment | Article 58(1)7 |
| Import or export · manufacture, etc., value of KRW 5 million or more / KRW 50 million or more | Imprisonment of at least 7 years or life imprisonment / imprisonment of at least 10 years or life imprisonment | Article 11(1) of the Specific Crimes Aggravated Punishment Act |
| Possession · use, etc., value of KRW 5 million or more / KRW 50 million or more | Life imprisonment or at least 3 years / imprisonment of at least 7 years or life imprisonment | Article 11(2) of the Specific Crimes Aggravated Punishment Act |
4. Orders added to the sentence
- Lecture order · program completion order · When a conviction or summary order is issued in a case of using, smoking or ingesting drugs, an order to attend lectures or complete a program of up to 200 hours must be imposed together (Article 40-2(2)).
- Probation · community service · These can be added to a suspended sentence (officially “suspension of execution of sentence”), and one year of probation can be added to a suspended pronouncement of sentence (Article 40-2(1) and (4)).
- Confiscation · collection · Drugs, facilities, funds and means of transport used in the offense, as well as the proceeds, are subject to confiscation; if confiscation is not possible, the equivalent value is collected (Article 67).
Frequently Asked Questions
Why is the statutory penalty for selling cannabis heavier than for selling meth?
Are there drug crimes with no fine option at all?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.