대마 필로폰 마약투약 Consumption of Cannabis and Methamphetamine F4비자 실형 가능성 F-…

재외동포 마약 처벌, F4비자 외국인 대마 필로폰 적발 시 실형 가능성은

Consumption of Cannabis and Methamphetamine : As an F-4 visa holder, what is the possibility of imprisonment for Drug Use?

Hello. This is Lawfirm Dongju.

We often hear clients saying things like “Cannabis is legal in the country where I live, so I did not realize it would be a serious offense in South Korea”, or “I only used drugs once or twice. Could I really face imprisonment?” during consultation.

The criminal penalties for Drug Offenses involving Overseas Koreans are not determined solely on whether the individual is a first-time offender or not.

The statutory penalties may differ depending on the type of drug substance involved, and whether the conduct was limited to personal use or not.

Also, immigration issues may also arise after the criminal proceedings for F4 status holders. Therefore, we recommend assessing both criminal liability and potential immigration consequences from the police interrogation process in order to decide how to respond to the case.

Experienced Drug and Narcotics Defense Attorneys at Lawfirm Dongju assist foreign nationals facing drug-related criminal charges, and provide consultations in English and Chinese. Also, please note that consultations can also be made through KakaoTalk and WeChat.

Please feel free to contact us through whichever the method you are comfortable with.

01. Can a first-time offender face imprisonment after being arrested for a Drug Offense?

Yes. First-time offender status does not automatically eliminate the possibility of imprisonment.

This is because the sentencing levels on Drug Offenses are determined based on several factors, including the type of drug substance involved, the frequency of the conduct, the quantity involved, and whether the case involves additional charges such as Distribution and Trafficking.

The Sentencing Commission of South Korea has established sentencing guidelines based on the type of drug involved. Under the guidelines, the recommended sentencing range for cannabis use and possession is eight months to one year and six months, while the recommended sentencing range for methamphetamine use and possession is one year to two years and six months.

This is why we place greater emphasis on how the investigative authorities handle the case than on the arrest itself.

Rather than relying solely on first-time offender status, it is important to establish the full extent of the conduct that may be substantiated by the available evidence before attending a police interrogation.

02. How do the penalties differ between cannabis and methamphetamine under Narcotics Control Act?

The statutory penalties differ between cannabis and metamphetamine even though they are both regulated by Narcotics Control Act.

Smoking or possessing cannabis may be punishable by imprisonment for up to five years or a criminal fine of up to KRW 50 million.

Methamphetamine, commonly known as “philopon” in Korea, is classified as a Schedule II psychotropic substance. The sale, receipt, possession, or use of methamphetamine may be punishable by imprisonment for up to ten years or a criminal fine of up to KRW 100 million.

However, it is important to understand that the sentencing level is not determined solely on the statutory penalty.

A single drug use may be assessed differently from repeated drug use. Likewise, a case involving drug purchasing for personal consumption may be treated differently from one involving drug selling or transferring.

03. Could a criminal penalty on Drug Offense lead to Disapproval of F-4 visa extension or Deportation Order?

A criminal penalty on Drug Offense does not always lead to F-4 visa cancellation or Deportation Order.

Nevertheless, South Korea’s Immigration Act provides grounds for the cancellation or alteration of permission to stay in South Korea. In addition, a foreign national who has been sentenced to confinement or heavier punishment may end up receiving a Deportation Order.

An important distinction is that criminal proceedings and Immigration Violation Screenings are separate legal processes.

Therefore, it is important not to make any judgement based on the amount of criminal fine or the length of imprisonment. Circumstances related to the case need to be explained in order to be treated as lenient as possible.

If criminal penalty is already made, we advise to prepare documents demonstrating individual's circumstances, reasons for continuing to reside in Korea, and concrete efforts to prevent reoffending.

04. FAQs about Drug Offenses Involving F-4 visa holders