Do First-Time Offenders Receive Actual Prison Sentences for Synthetic Cannabis? Why an Early-Stage Strategy Is Necessary

If you are reading this, you may be facing a prosecution investigation on suspicion of smoking synthetic cannabis.

Drug offenses carry high sentences and high recidivism rates, so leniency is often not granted, and even first-time offenders may receive actual prison sentences, which means you must quickly seek measures to resolve the matter.

Therefore, if you have been reported for this matter, you should promptly obtain the assistance of a specialized attorney before the investigation to accurately assess your situation and prepare a response.

In particular, since you must strategically decide how to respond to the initial statement and drug testing conducted during the investigation stage, it is important to choose legal counsel who understands the Police Investigation process well and can respond accordingly.

At LAWFIRM LEAP, since specialized attorneys with experience at major law firms and as former police officers handle each case, we understand the perspectives of the police and Prosecution better than anyone, and can offer the best strategy to favorably clarify the charges at the investigation stage.

In that context, today we will explain how to respond if you are being investigated by the police as a first-time offender for synthetic cannabis and share measures to reduce legal liability.

01First-Time Synthetic Cannabis Offense: Level of Punishment and Sentencing

The Act on the Control of Narcotics, Etc. provides that a person who cultivates, possesses, owns, keeps, or uses cannabis shall be punished.

Even smoking synthetic cannabis or cannabis in various other forms is recognized as an act of cannabis inhalation and is subject to punishment.

In particular, a person who is not a narcotics handler and who possesses, owns, uses, transports, manages, imports, exports, manufactures, prepares, administers, delivers, sells, or brokers the sale of prohibited drugs or psychotropic substances, or who possesses or owns them for such purposes, may receive life imprisonment or imprisonment for not less than 5 years.

Act on the Control of Narcotics, Etc., Article 4 (Prohibition on Handling of Narcotics by Persons Who Are Not Narcotics Handlers) 1. Possessing, owning, using, transporting, managing, importing, exporting, manufacturing, preparing, administering, delivering, selling, or brokering or providing narcotics or psychotropic substances 2. Cultivating, possessing, owning, delivering, transporting, keeping, or using cannabis

In addition, a person who inhales or possesses synthetic cannabis, etc. may receive imprisonment for not more than 5 years or a fine of not more than 50 million KRW.

In particular, if habitual drug use is recognized, an aggravated sentence may be imposed, and even first-time offenders with no prior record of the same offense are often not granted leniency, given the need to prevent recidivism.

Therefore, you should not carelessly assume that this matter will merely result in a fine.

Since a momentary act of curiosity can result in a heavy sentence and a criminal record, if you were caught inhaling synthetic cannabis out of curiosity, you must obtain the assistance of legal counsel before the Police Investigation.

Also, please be sure to prepare a statement that considers the overall circumstances—including how the cannabis use came about, the number of instances, and the fact that this is a first offense, weighing both favorable and unfavorable evidence—when undergoing questioning.

02First-Time Synthetic Cannabis Offense: How to Avoid an Actual Prison Sentence

If you are caught on suspicion of inhaling synthetic cannabis, you must establish a proper early-stage strategy. Since leniency is difficult to obtain if intent and habitual conduct are recognized, you must never make an unfavorable statement.

It is also advisable to prepare, in advance and with the assistance of a specialized attorney, statements that can be expected to lead to leniency, and to have the attorney accompany you during the police interview to prepare for any unexpected situations.

Recklessly denying the charges or refusing to make a statement, despite circumstances and evidence that make denial difficult, can make the case more difficult.

Therefore, if the charges are acknowledged, in order to plead for leniency you should sincerely express remorse and demonstrate a determination not to reoffend.

In addition, emphasizing that this is a first offense and pleading for leniency by noting that a criminal record could cause loss of employment and thus jeopardize one's livelihood is also a good approach.

Furthermore, if you can obtain evidence showing that you had no intent to use cannabis, that you were deceived into purchasing synthetic cannabis, or that you were unaware it could be a drug, you can increase the likelihood of receiving leniency such as a Suspended Indictment.

However, since sentencing materials differ for each individual case and evidence and arguments must be tailored to the specific circumstances, for a prompt initial response, you should work with an expert who thoroughly understands the Police Investigation process.

An attorney who is a former police officer understands the police's perspective better than anyone.

The attorneys at LAWFIRM LEAP have worked at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms, handling a wide range of criminal cases, and as former police officers, have handled numerous cases—including drug offenses—where the initial investigation stage was critical. As such, they possess in-depth know-how necessary for responding to investigations at the early stage.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a major law firm and as a police officer will personally support your case from beginning to end, actively substantiate your position, and take responsibility for helping secure a favorable outcome in your drug case.

At LEAP, we understand your situation and urgency better than anyone, and we will mobilize all our knowledge and know-how to help secure the best possible outcome.

If the information provided today has not resolved your concerns, please feel free to contact LEAP at any time.

We will thoroughly prepare a tailored strategy for your situation, starting with your response to the investigating authority.

Thank you for reading this long article.