Key Points
- Selling or brokering Item Na psychotropic substances such as meth or MDMA carries imprisonment of up to 10 years or a fine of up to KRW 100 million, increased by up to one half if habitual (Article 60).
- For cannabis, sale or brokering carries imprisonment for a fixed term of at least 1 year; for narcotics and Item Ga drugs such as LSD, sale carries imprisonment of at least 5 years or life imprisonment, and if for profit or habitual, up to death, imprisonment of at least 10 years, or life imprisonment (Articles 58 and 59).
- Spreading information about drug crimes carries imprisonment of up to 3 years or a fine of up to KRW 30 million (Article 62(1)5), and encouraging drug use imprisonment of up to 2 years or a fine of up to KRW 20 million (Article 63(1)17).
- Funds used in the crime and proceeds obtained are subject to confiscation and collection (Article 67). Investigative agencies may also take part in transactions through undercover investigations (Article 4-2).
Sale penalties by drug
| Substance | Statutory penalty | Legal basis |
|---|---|---|
| Narcotics (cocaine, etc.) | Imprisonment of at least 5 years or life imprisonment | Article 58(1)1 |
| Psychotropic Item Ga (LSD, etc.) | Imprisonment of at least 5 years or life imprisonment | Article 58(1)3 |
| Cannabis | Imprisonment for a fixed term of at least 1 year | Article 59(1)7 |
| Psychotropic Item Na (meth · MDMA · ketamine) | Imprisonment of up to 10 years or a fine of up to KRW 100 million | Article 60(1)2 |
| Psychotropic Item Ra (propofol · zolpidem) | Imprisonment of up to 5 years or a fine of up to KRW 50 million | Article 61(1)5 |
| For profit · habitual (conduct under Article 58(1)) | Death penalty · imprisonment of at least 10 years or life imprisonment | Article 58(2) |
How dead drops work and what can be contested
A dead drop is a face-to-face-free transaction in which the seller leaves the goods at a location and sends only the location to the buyer. Investigators piece together messenger conversations, crypto and bank transfer records, photos of hiding spots and CCTV footage to identify who did what.
- Couriers · If you carried packages after seeing a job ad, the central question is whether you were aware they were drugs. Investigative agencies treat excessively high pay or secretive instructions as grounds for willful blindness (dolus eventualis), so you need to explain the circumstances at the time in detail.
- Simple buyers · If there was no intent to distribute, it should be treated only as buying and using. Organize the actual period and amount of use separately so the amount and frequency of purchases do not lead to suspicion that you intended to resell.
- Brokering · providing information · Even introducing a place to buy or explaining how to make a deal can lead to charges of brokering or providing information.
Limits of undercover investigations and the legality of evidence
This Act permits non-disclosure investigations, in which investigators approach while concealing their identity, and identity-disguise investigations, in which they take part in transactions under a false identity after meeting the requirements and obtaining court approval (Articles 4-2 to 4-5). However, entrapment that lures a person with no criminal intent into committing a crime is unlawful, and the admissibility of evidence obtained beyond the approved scope can be challenged.
Frequently Asked Questions
I delivered packages for a well-paid part-time job, and now they say it was drugs.
I only bought and used, but my case is being handled together with the seller's.
The other party was an undercover officer. Can I be punished for selling to them?
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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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