What seems like a harmless oversight, an old vape pen in your backpack or a forgotten edible in your jacket pocket, can quickly turn into a criminal investigation upon arriving in South Korea. While cannabis is legal or decriminalized in many countries, Korea maintains a strict zero-tolerance policy, even for medical use without prior approval. Each year, travelers and returning residents face unexpected legal trouble simply because they didn’t realize what they were carrying. This guide outlines the most common mistakes, the legal process that follows, and the strategies that have helped clients of SLG avoid long-term consequences and resume their lives. Whether you’re planning a short trip or a permanent return, understanding the rules, and how to respond if you’ve made a mistake, could save you months of stress, financial strain, and legal jeopardy.
Cannabis may be legal in many countries, but it remains strictly prohibited in South Korea. Countless foreigners have found themselves in serious legal trouble simply because they brought in cannabis they had used freely in their home countries, often by mistake.
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Common Mistakes and What Follows
Sometimes, it’s as casual as forgetting that a vape pen or edible was left in a side pocket—just like tossing in a lip balm or tissue.
Other times, it’s medical cannabis that was lawfully prescribed abroad and packed for ongoing treatment.
Some people carry cannabis products the way others might carry snacks or cigarettes.
This doesn’t only happen to foreign nationals. Even Korean citizens who lived abroad for years and returned to Korea have made the same mistake.
How to Bring Medical Cannabis Legally To Korea
If you’re using cannabis for treatment and want to bring it into Korea legally, you must obtain prior approval. The Korean Ministry of Food and Drug Safety (식품의약품안전처) outlines the official process here:
🔗 MFDS Guidelines for Bringing Medicine into Korea
Failure to follow these steps—even if you have a valid prescription—means you’re violating Korean drug laws.
The Second Mistake: “I Didn’t Know”
A second critical mistake is insisting, during an investigation. “I truly didn’t know. I cannot say something contrary to my belief in justice. How can I admit to knowing something I didn’t? It’s completely legal in my country.”
Unfortunately, claiming ignorance in drug cases is not a good legal defense in Korea. The chance of being released on that basis is essentially zero. The term “zero” is rarely used in legal language, but it fits the reality here. Even if you feel the situation is unfair, refusing to cooperate or clinging to denial may result in serious consequences.
SLG’s Resolutions
Our firm has secured a suspension of indictment in ALL the above-mentioned cases. Had these cases gone to trial, however, the outcome could have been drastically different.
Criminal cases in Korea go through three stages: police investigation, prosecution, and court trial. Scheduling the first court date alone often takes two to three months—during which the defendant is automatically banned from leaving the country. Even if the case concludes at the first trial, sentencing occurs about a month later. Throughout this period, drug possessors must remain in Korea for three to four months. Living expenses escalate while they’re disconnected from work, school, and family. Important aspects of their lives are severely affected due to one poor decision.
In contrast, with a “suspension of indictment (기소유예)”, return to normal life is possible within just a few weeks. Providing the right statements and evidence from the outset can lead to the case being treated as a simple mishap.
“Suspension of indictment” refers to a decision by the prosecutor not to indict a suspect even though the suspect’s charges are acknowledged, because the prosecutor believes that there is no great need for criminal punishment. According to Article 247 of the Criminal Procedure Act, the prosecutor may decide whether to indict or not by considering mitigating circumstances.
Suspension of indictment means that the charges of the crime are acknowledged, that is, a guilty verdict is expected. (If a not guilty verdict is expected, the case is closed with a “no charges (혐의 없음).”) However, the prosecutor decides to suspend prosecution by comprehensively considering the following factors.
- The age, character and conduct, intelligence and environment of the offender
- Offender’s relation to the victim
- The motive for the commission of the crime, the means and the result
- Circumstances after the commission of the crime
The prosecutor may impose certain obligations on the suspect and suspend indictment on the condition that the suspect complies with them. For example, counseling, treatment, and education. In the case of drug crimes, prosecution may be suspended on the condition that the suspect undergoes drug treatment or education.
Beyond Accidental Possession
What about more complex cases involving intentional drug purchases? While these situations present greater challenges, SLG has consistently achieved favorable outcomes even when clients deliberately acquired controlled substances.
Choosing the Right Strategy Starts with Your Situation
Long-term residents or those planning to stay in Korea may benefit from taking proactive steps—such as voluntarily requesting probationary supervision, to show good faith. Prosecutors often see this as a sign of full cooperation.
In contrast, short-term visitors should focus on resolving the case swiftly and minimizing long-term consequences.
The Winning Formula
Regardless of whether you’re staying or leaving Korea, one strategy consistently works: show that you’re someone worth a second chance.
The most effective approach combines three elements: proving you’re a first-time offender, expressing sincere remorse, and backing it up with concrete evidence.
Submit records of employment, academic achievements, or community involvement. This helps present you as a responsible individual who made a one-time mistake, not a habitual user.
As mentioned earlier, the prosecutor will consider all of these mitigating factors in deciding whether to suspend the indictment.
When facing drug-related charges in Korea, the right strategy can make all the difference. We’ve shared proven approaches, what works, what doesn’t, and how to adjust based on your situation.
You’re welcome to try handling the situation independently. But if you prefer seasoned guidance that minimizes risk and helps you move forward without lasting consequences, you know where to find us.
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