Drug Crimes Center · Case Type

In a meth use case, how many times and since when
decides the sentence

Meth cases usually start from urine and hair analysis results and conversations on a phone. The investigation begins with a single use and spreads to purchase routes and other periods of use. Before questioning, you need to examine how far the evidence actually proves anything.

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Key Points

  • Meth (methamphetamine, called "philopon" in Korea) is classified as a psychotropic Item Na substance (Annex 4 of the Enforcement Decree of the Narcotics Control Act).
  • Use, possession, purchase and giving or receiving carry imprisonment of up to 10 years or a fine of up to KRW 100 million (Article 60(1)2), and manufacture or smuggling imprisonment of at least 5 years or life imprisonment (Article 58(1)6).
  • If the value of the meth possessed is KRW 5 million or more, the penalty rises to imprisonment of at least 3 years or life imprisonment, and if KRW 50 million or more, to imprisonment of at least 7 years or life imprisonment (Article 11(2) of the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법)).
  • For a first-time offender with simple use, a suspended indictment conditioned on treatment or education or a suspended sentence (officially “suspension of execution of sentence”) may be possible, and a conviction comes with a program completion order.

Meth penalties at a glance

Meth (psychotropic Item Na) penalties
ConductStatutory penaltyLegal basis
Use · possession · purchase · giving or receiving · providingImprisonment of up to 10 years or a fine of up to KRW 100 millionArticle 60(1)2 of the same Act
Manufacture · import or export (smuggling)Imprisonment of at least 5 years or life imprisonmentArticle 58(1)6
Sale · giving · administering · providing to a minorImprisonment of at least 5 years or life imprisonmentArticle 58(1)7
Providing a place, funds or means of transport for useImprisonment of up to 10 years or a fine of up to KRW 100 millionArticle 60(1)1
HabitualSentence increased by up to one halfArticle 60(2)
Value of KRW 5 million or more but less than KRW 50 millionImprisonment of at least 3 years or life imprisonmentArticle 11(2)2 of the Specific Crimes Aggravated Punishment Act
Value of KRW 50 million or moreImprisonment of at least 7 years or life imprisonmentArticle 11(2)1 of the Specific Crimes Aggravated Punishment Act

How the investigation spreads

Meth investigations usually begin when someone else is caught first. When conversations and transfer records are found on the phone of a seller or someone who used together, the other party becomes the next target and is subjected to a search and urine and hair analysis. If the results are positive, the person is pressed about the timing, number of uses and source, and as statements accumulate, the charges often grow into multiple counts.

  • Number and period of uses · Hair analysis can show whether drugs were used within a certain period, but it is difficult to establish exact dates and the number of uses. There is no reason to accept uses you do not remember.
  • Purchase or receipt · Being injected once with drugs handed over by someone present is charged differently from buying by sending money yourself, and the latter adds another offense.
  • Quantity and value possessed · Whether the Specific Crimes Aggravated Punishment Act applies depends on whether the value of the seized meth exceeds KRW 5 million.

For a first offense, aim for a conditional suspended indictment or a suspended sentence

If it is a first detection, simple use, and not a large amount, the prosecutor may defer indictment on the condition of receiving treatment or education. To get there, you must begin psychiatric care, counseling at a treatment and protection institution and participation in drug-free support groups from the early stage of the investigation and keep records. Even if you are indicted, these materials become the most important basis for seeking a suspended sentence.

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 is imposed, probation or community service may be added.

If you drove, a separate problem arises

If you drove while unable to drive normally due to the influence of meth or similar drugs, drugged driving under the Road Traffic Act is a separate offense, adding imprisonment of up to 5 years or a fine of up to KRW 20 million (Article 148-2(5)), and if you caused an accident, death and injury due to dangerous driving becomes an issue. Revocation of your driver's license is also hard to avoid.

Frequently Asked Questions

I am a first-time offender who used meth just once. Will I be detained?
First-time offenders with simple use are often investigated without detention. However, you may be detained if there are signs of other use or dealing, or a risk of destroying evidence. If you have been arrested, whether to request a detention warrant is decided within 48 hours, so you should meet with defense counsel immediately.
My hair test is positive, but I cannot remember when I used.
Hair analysis only shows roughly during which period drugs were used; it cannot identify exact dates or the number of uses. Do not simply accept the period and number estimated by investigative agencies; compare them against other evidence.
I did not buy it; an acquaintance gave it to me and I used it.
If you did not buy it yourself but used drugs handed to you, the issue is use (and receipt), not purchase. However, the assessment depends on how you received it and whether you paid anything, so the message history must be reviewed together.
Can I get leniency if I identify the people I used with or the seller?
If you cooperated with the investigation and helped arrest other offenders, it can be considered favorably at sentencing. However, the accuracy and credibility of your statements are key, and false tips create new problems such as false accusation, so consult your defense counsel first.

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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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