Drug Crimes Center · Case Type

In a cannabis case, the turning point is
whether it stopped at smoking or went on to dealing

Smoking or possessing cannabis is at the lower end of statutory penalties among controlled drugs. But if you bought, sold or brought it in from abroad, the penalty becomes much heavier at once. At the first consultation, you must clearly identify which side your case falls on.

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Key Points

  • Smoking or ingesting cannabis, or possessing it for the purpose of smoking, carries imprisonment of up to 5 years or a fine of up to KRW 50 million (Article 61(1)4 and 6 of the same Act).
  • Selling or brokering the sale of cannabis carries imprisonment for a fixed term of at least 1 year (Article 59(1)7), and importing or exporting it imprisonment of at least 5 years or life imprisonment (Article 58(1)5).
  • Liquid cannabis made from the cannabis plant (e-cigarette cartridges) is punished as cannabis as well (Article 2(4)).
  • Ordering CBD oil or gummies containing THC from abroad can be treated as importing cannabis. For a first-time offender who only smoked, a suspended indictment can be the goal.

Penalties differ by conduct

Cannabis-related penalties
ConductStatutory penaltyLegal basis
Smoking · ingesting, possession for smokingImprisonment of up to 5 years or a fine of up to KRW 50 millionArticle 61(1)4 of the same Act
Possession · ownership · giving or receiving · transport · storage · use, cultivationImprisonment of up to 5 years or a fine of up to KRW 50 millionArticle 61(1)6
Sale · brokering a sale, possession for saleImprisonment for a fixed term of at least 1 yearArticle 59(1)7
Cultivation for saleImprisonment for a fixed term of at least 1 yearArticle 59(1)11
Import · export, possession for that purposeImprisonment of at least 5 years or life imprisonmentArticle 58(1)5
Providing to minors, etc.Aggravated punishmentArticle 58(1)7, etc.

What the law counts as cannabis

The Narcotics Control Act defines cannabis as the cannabis plant and its resin, all products made from the plant or resin, chemical compounds with the same effect, and mixtures containing them. Seeds, roots and mature stalks of the cannabis plant and products made from them are excluded (Article 2(4)). Therefore, not only dried leaves but also liquid cannabis cartridges and gummies or cookies containing cannabis ingredients all count as cannabis.

When ordering CBD products from abroad

Even if CBD oil or gummies are sold legally where they come from, if they contain cannabis ingredients, bringing them into Korea becomes importing cannabis. The statutory penalty for importing is very heavy: imprisonment of at least 5 years or life imprisonment. If you did not know the ingredients, you can contest intent, so it helps to save the product description, the seller and the ingredient list as they were at the time of ordering.

What to prepare in a first-time simple smoking case

  • Accurately organize how many times and when you smoked, and how you obtained the cannabis (whether it was handed to you or you bought it).
  • Prepare materials explaining what money transfers and conversations meant, so they are not mistaken for dealing.
  • From the investigation stage, submit records of completed counseling and education that show your determination never to do it again.
A program completion order also follows · When a conviction or summary order is issued for using, smoking or ingesting drugs, the court must, separately from the sentence, order attendance at reoffending-prevention lectures or completion of a rehabilitation program of up to 200 hours (Article 40-2(2) of the Narcotics Control Act). This order applies even if the case ends with a fine. If a suspended sentence (officially “suspension of execution of sentence”) is imposed, probation or community service may be added.

Frequently Asked Questions

I smoked cannabis while traveling abroad. Can I be punished in Korea too?
Crimes committed abroad by Korean nationals can also be punished under Korean law (Article 3 of the Criminal Act). There are cases where people are caught after returning home through hair tests and other means.
I sent money to a friend so we could smoke together. Is that a sale?
If you obtained cannabis by sending payment, it can be treated as a purchase, and then imprisonment for a fixed term of at least 1 year becomes an issue. You need to specifically contest the nature of the transfer and the role you actually played.
Customs contacted me about CBD oil I ordered from abroad.
If it contains cannabis ingredients such as THC, you may be investigated for importing cannabis. Secure the product information and how you bought it, and before questioning, organize the issues around whether you knew the ingredients.

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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.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026

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