Key Points
- Ecstasy (MDMA) and ketamine are psychotropic Item Na drugs, so use, possession and sale all carry imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 60(1)2).
- LSD and psilocybin (the active ingredient in hallucinogenic mushrooms) are psychotropic Item Ga drugs. 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 or giving and receiving imprisonment of at least 5 years or life imprisonment.
- Cocaine is a narcotic: use carries imprisonment of up to 10 years or a fine of up to KRW 100 million, possession or giving and receiving imprisonment for a fixed term of at least 1 year, and sale imprisonment of at least 5 years or life imprisonment.
- GHB is a psychotropic Item Ra drug carrying imprisonment of up to 5 years or a fine of up to KRW 50 million, but if it was given to someone without their knowledge, bodily injury or sexual crimes also become issues.
Check the classification first
- Ecstasy (MDMA) · ketamine · Psychotropic Item Na. Use, possession and sale carry the same statutory penalty.
- LSD · psilocybin · Psychotropic Item Ga. Possession and sale are much heavier than use.
- Cocaine · Narcotic. Possession and giving or receiving carry imprisonment for a fixed term of at least 1 year, and sale is heavier still.
- GHB · Psychotropic Item Ra. Its statutory penalty is lower than for the drugs above.
Comparison of penalties by drug
| Drug | Use | Possession | Sale · giving or receiving |
|---|---|---|---|
| Ecstasy · ketamine | Imprisonment of up to 10 years or a fine of up to KRW 100 million | Imprisonment of up to 10 years or a fine of up to KRW 100 million | Imprisonment of up to 10 years or a fine of up to KRW 100 million |
| LSD · psilocybin | Imprisonment of up to 10 years or a fine of up to KRW 100 million | Imprisonment for a fixed term of at least 1 year | Imprisonment of at least 5 years or life imprisonment |
| Cocaine | Imprisonment of up to 10 years or a fine of up to KRW 100 million | 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 |
| GHB | Imprisonment of up to 5 years or a fine of up to KRW 50 million | Imprisonment of up to 5 years or a fine of up to KRW 50 million | Imprisonment of up to 5 years or a fine of up to KRW 50 million |
The applicable provisions are Article 58(1)1 and 3, Article 59(1)5 and 9, Article 60(1)1 and 2, and Article 61(1)5 of the same Act, and Annexes 3, 4 and 6 of its Enforcement Decree.
Points to examine in party cases
- What the drug really was · It often happens that something handed over as "ecstasy" turns out to be an entirely different substance when analyzed. The sentence is determined by the forensic results, so you must check the forensic report yourself.
- Who brought it and who received it · If several people used together, the person who brought the drugs faces charges of giving or providing them, and those who received them face charges of use. Distinguishing roles is important.
- Providing the venue · A person who lent or arranged the party venue can also be punished (Article 60(1)1 and Article 61(1)1).
- Ingesting without knowing · If you did not know it was mixed into your drink, there was no intent to use drugs. This must be proven through a urine test right after the incident and statements from the people who were there.
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 only took one pill someone gave me at a club. Can I still be punished?
It depends on the substance. If it was ecstasy (MDMA), it counts as use and carries imprisonment of up to 10 years or a fine of up to KRW 100 million. If you are a first-time offender and it happened only once, you may aim for a conditional suspended indictment.
I had a small amount of cocaine. Is there no fine option?
Possession of cocaine is punishable only by imprisonment for a fixed term of at least 1 year, so there is no fine. Discretionary mitigation and a suspended sentence remain possible, so the response must look specifically at how you came to possess it, the amount, and the purpose of use.
Are hallucinogenic mushrooms also controlled drugs?
Psilocybin and psilocin, found in hallucinogenic mushrooms, are psychotropic Item Ga substances. Eating the mushrooms that serve as their source, or possessing them for that purpose, is also punishable (Article 61(1)3).
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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.
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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