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South Korea is a “drug-free” country with high sentences for any kind of drug abuse. Under the South Korean law, Koreans and foreigners are prohibited from using any kind of drugs in the country, and Koreans are even prohibited from using drugs abroad, including in countries where cannabis or other drug use is legalised. This article gives you a brief overview of everything you need to know in regard to drug abuse in South Korea including laws, criminal sentences, getting a defense lawyer and much more. Read on to find out more about drugs in Korea!

History of Drugs in Korea

South Korea has quite a long history with recreational drugs. It dates back to the Joseon dynasty when hemp was used to make traditional Korean hanboks. During the Japanese occupation, South Korea became a hub for opium production. Morphine addiction was on the rise until Japan enforced a huge amount of policies to battle opium addiction and to fight the increasing crime rate and the decline in labor forces due to addiction. Once more in the 1960s, the country saw a steep incline in the use of drugs for recreational smoking, this was highly influenced by the presence of the U.S. army. In 1976, President Park Chung-hee introduced the Cannabis Control Act (대마관리법), to criminalize the use of drugs. Cannabis Control Act was changed into Narcotics Control Act (마약류 관리에 관한 법률) in 2000.

Until this day, this has been a rather successful law as there are very few drug-related crimes and addicts recorded in South Korea, compared to other countries.

Drug Law in Korea

Article 2 of Narcotics Control Act defines “drugs” into three categories: one, narcotic drugs, two, psychotropic substances, and three, cannabis.

The term “Narcotic drugs” means any of the followings:

(a) Poppy
(b) Opium
(c) Coca leaves
(d) All alkaloids extracted from poppy, opium, or coca leaves and chemical compounds similar thereto, as determined by Presidential Decree
(e) Chemical compounds which are not specified in items (a) through (d) but are equally likely to be abused or to cause harmful effects, as determined by Presidential Decree
(f) A mixture or concoction that contains substances as listed in items (a) through (e)

The term “psychotropic substances” is defined as “a drug that may affect the human central nervous system, thus deemed, if misused or abused, to cause serious harm or danger to human body” which falls under any of the followings:

(a) drug or a substance containing such a drug which has a high potential for misuse or abuse and currently has no accepted medical use in treatment, any misuse or abuse of which may lead to severe physical or psychological dependence due to lack of safety
(b) A drug or a substance containing such a drug which has a high potential for misuse or abuse and has a very limited medical use in treatment, any misuse or abuse of which may lead to severe physical or psychological dependence
(c) A drug or a substance containing such a drug which has relatively lower potential for misuse or abuse than those listed in items (a) and (b) and currently has an accepted medical use in medical treatment, any misuse or abuse of which may lead to mild physical or severe psychological dependence
(d) A drug or a substance containing such a drug which has relatively lower potential for misuse or abuse than the drug or substance listed in item (c) and currently has an accepted medical use in treatment, any misuse or abuse of which may lead to milder physical or psychological dependence than the drug or substance listed in item (c)
(e) A mixture or concoction that contains drugs or substances listed in items (a) through (d): Provided, that this shall exclude a mixture or concoction that cannot be re-manufactured or re-prepared as any of the drugs or substances listed in items (a) through (d) because it has been blended with other pharmaceuticals or substances and that does not cause any physical or psychological dependence

The term “cannabis” means the hemp plant and the resin extracted from it, and all the products manufactured using them as raw materials, and of course the mixture or concoction that contains such substances. But the seeds and roots of the hemp plant, the mature stalks of such plant, and the products manufactured using them are not included in “cannabis.”

Drug Use Abroad

It is not only prohibited to use drugs in South Korea but also abroad. Under the Korean law, Koreans are also prohibited from using any kinds of drugs abroad. Including in countries where the use of drugs is legalised or tolerated. For example: South Koreans that smoke marijuana abroad like in Canada or The Netherlands can receive a sentence up to five years once they return to South Korea. Korean citizens are often reminded of this prohibition by the Korean government.

Drug Testing in Korea

When applying for a work visa to come to South Korea, there is a possibility you will be requested to submit drug test results, depending on which visa you are applying for. For example, E2-visa holders need to undergo a drug test within 3 months of arriving in South Korea. If you test positive for the test, it is possible that your work contract will be terminated and you will have to leave the country.

Drug test is usually done by testing hair or urine of the suspect. Recently, police also started examining suspect’s fingernails, leg hair, eyebrows, or even pubic hair, because users or dealers try to hide their crime by shaving or dying their hair.

Sentence For Drug Abuse in South Korea

When it comes to drugs, there is a huge stigma surrounding the topic. Drug use of any kind is highly prohibited and comes with a huge sentence when users or dealers are caught. The use of for example marijuana can result in a sentence of up to five years in prison or a fine of up to 50 million Korean won.

Listed below are standard sentence of drug-related crime, according to Korean Sentencing Commission. Please note that these are only “standard” sentence, so it can be higher or lower depends on various factors (the motive of crime, how many times it was repeated, did the criminal do it alone or worked for a drug ring, etc.)

Administering or possessing

• “Cannabis”: 8 months ~ 1 year and 6 months
• “Psychotropic substances” (d) or (e): 8 months ~ 1 year and 6 months
• “Psychotropic substances” (b) or (c): 10 months ~ 2 years
• “Psychotropic substances” (a): 1 year ~ 3 years
• “Narcotic drugs”: 1 year ~ 3 years

Trading or assisting in the trade

• “Psychotropic substances” (d): 6 months ~ 1 year and 4 months
• “Cannabis”: 1 year ~ 2 years
• “Psychotropic substances” (b) or (c): 1 year ~ 2 years
• “Psychotropic substances” (a): 4 years ~ 7 years
• “Narcotic drugs”: 4 years ~ 7 years
• If you did it for profit, or habitually: 7 years ~ 11 years

Importing or manufacturing

• “Psychotropic substances” (d): 10 months ~ 2 years
• “Cannabis”: 2 years ~ 4 years
• “Psychotropic substances” (c): 2 years ~ 4 years
• “Psychotropic substances” (a) or (b): 4 years ~ 7 years
• “Narcotic drugs”: 4 years ~ 7 years
• If you did it for profit, or habitually: 7 years ~ 11 years

Remember that it’s one crime per each act. For instance, if you smoked marijuana three times in one day, that’s three crimes. “How many times you did it” is an important factor in in drug-related crime because it can be basis for determining whether you are addicted or not.

Listed below are some real case examples of the charges and sentences:

• A 29-year-old was sentenced 6 years in prison for importing and selling around 1 KG of marijuana.
• K-pop stars arrested over the past years for cannabis usage have received sentences ranging from 25 days to 10 months. On top of this, as drug usage is heavily frowned upon by the public, artists often have a hard time recovering their lost fandom.
• The 27-year-old Jung Il-hoon, former BTOB member, was sentenced for 2 years in prison for charges of smoking marijuana worth 133 million Korean won.

Criminal Defense Lawyer

When being charged with a drug related crime it is essential to hire an expert in the field otherwise receiving a prison sentence is a high possibility.

Aaron Hwang from Seoul Law Group is a specialized criminal defence attorney certified by Korean Bar Association. He is both fluent in English and Korean, and is highly experienced when it comes to criminal cases, including drug crimes. The lawyers at Seoul Law Group are ready to help with any drug chargers and achieve the most preferable outcome, not only for the case itself, but also for your visa status.

Legal Medical Marijuana in South Korea

The use of marijuana for medical purposes has been legalized in 2020. This makes Korea the first country in Asia to legalize THC- and CBD-based medications. Even though laws regarding the use of drugs for medical reasons are still very strict. This is a huge step for the medical field in Korea and for patients suffering from epilepsy and other rare diseases.

Before patients can receive a subscription for medical drugs, they need to pass a strict screening, submit physician’s documents and prove that there are no alternative treatments available for their specific case.

Currently approved brands include Sativex, Epidiolex, Marinol and Cesamet which can be used for the following diseases: epilepsy, symptoms of HIV/AIDS and cancer-related treatments, Dravet syndrome, Lennox-Gastaut syndrome and multiple sclerosis.

Frequently Asked Questions

Listed below are some frequently asked questions regarding drugs in Korea.