Key Points
- Propofol, zolpidem, alprazolam, phentermine and GHB fall under psychotropic Item Ra, and using, possessing or selling them without a prescription carries imprisonment of up to 5 years or a fine of up to KRW 50 million (Article 61(1)5).
- The attention deficit medication methylphenidate is a psychotropic Item Na drug, carrying imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 60(1)2).
- Getting a prescription in someone else's name or altering a prescription leads to separate review of forgery and use of a private document, in addition to violation of the Narcotics Control Act.
- Bringing Item Ra medicines from abroad is treated as importing and may carry imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 60(1)3).
Classification by drug
Among drugs commonly used in hospitals, propofol (sedation anesthesia), zolpidem (sleeping pill), alprazolam and diazepam (anti-anxiety drugs), and phentermine and phendimetrazine (appetite suppressants) are all psychotropic Item Ra. Using, possessing or selling them without a prescription carries imprisonment of up to 5 years or a fine of up to KRW 50 million. In contrast, the ADHD medication methylphenidate is psychotropic Item Na, carrying a much heavier penalty of imprisonment of up to 10 years or a fine of up to KRW 100 million.
| Class | Drugs | Use · possession · sale outside a prescription |
|---|---|---|
| Psychotropic Item Ra | Propofol, zolpidem, alprazolam, diazepam, phentermine, phendimetrazine | Imprisonment of up to 5 years or a fine of up to KRW 50 million |
| Psychotropic Item Na | Methylphenidate | Imprisonment of up to 10 years or a fine of up to KRW 100 million |
Situations that often become problems
- Doctor shopping · Moving from hospital to hospital to get the same drug repeatedly. Records remain in the computer system, and doctors are also required to check a patient's past medication history before prescribing certain drugs (Article 30(3)).
- Proxy prescriptions · use of another's name · Getting medicine in a family member's or acquaintance's name and taking it yourself. Apart from the drug use charge, other crimes may be added depending on how the name came to be used.
- Prescription forgery · Altering the quantity or date on a prescription raises forgery or alteration of a private document and its use. Among the psychotropic substance cases DAEON Law Firm has handled, there was one in which alteration of a private document was charged together.
- Sale · transfer · Selling or handing prescribed drugs to others counts as sale or giving. If sold online, a violation of the ban on sales through electronic transactions is added.
- Bringing drugs from abroad · Carrying appetite suppressants or sleeping pills bought abroad, or receiving them by mail, can count as importing, so check the declaration procedure before bringing them in.
Direction of the defense
The key is whether the use was for treatment. We organize, in order, the conditions actually diagnosed and the medical records, how the prescriptions came about, and whether the dosage was within a legitimate range. If you depend on the medication, submitting a treatment plan along with these is important material toward a suspended indictment or leniency.
Frequently Asked Questions
I gave a few of my zolpidem pills to a family member.
I got sleeping pills from two or more hospitals. Is that a problem?
I only received propofol at a hospital for a procedure, but I have been asked to come in for questioning.
Related DAEON Case Results
Related Guides
Controlled Drug Handling Violations by Medical Professionals
Every stage of controlled drugs handled in hospitals and p…
Read more →Case TypeDrug Smuggling, Overseas Orders and International Mail
Bringing controlled drugs into Korea from abroad carries t…
Read more →Case TypeMethamphetamine Use and Possession
Meth cases usually start from urine and hair analysis resu…
Read more →Procedure GuidePenalties by Drug Type: Complete Overview
Under the Narcotics Control Act, drugs are divided into na…
Read more →Procedure GuideSuspended Indictment on Treatment or Education Conditions
Not everyone suspected of a drug crime goes to trial. When…
Read more →Procedure GuideSentencing Materials and Suspended Sentences in Drug Cases
Even for the same charge, the outcome varies greatly depen…
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
Call
KakaoTalk
E-mail