As the number of foreigners traveling to South Korea has seen a drastic surge since the COVID-19 pandemic, the number of foreign travelers caught carrying drugs into Korea has increased by more than 300%. Many of these cases were foreigners who got caught with cannabis oil cartridges and MDMA at border crossings.
This article discusses a drug import case in Korea. A foreign traveler who was arrested at Incheon Airport on suspicion of drug smuggling was released without charges, thanks to the defense provided by our criminal lawyer.
1. Frequent cases of foreigners penalized for possession of cannabis products while entering Korea
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The legalization of recreational cannabis use in parts of the United States and across Canada has led to an increase in the smuggling of cannabis products.
However, if you buy, possess, or consume marijuana in South Korea, you can be punished for a violation of South Korea’s strict narcotic laws. Furthermore, while products such as hemp cartridges for e-cigarettes, cannabis chocolate, and hemp cookies, can be bought without issue in some foreign countries where they have been legalized, consuming or otherwise using any of these and other products containing hemp ingredients is considered strictly illegal in Korea and can carry significant penalties.
CBD oil, which is another product that frequently leads to a Customs seizure at Incheon Airport, is an oil made from THC and CBD, the two main components of hemp, and is regarded as a medical substance. However, in Korea, only patients with rare and incurable diseases can purchase CBD oil and must do so through the “Korea Orphan and Essential Drug Center (KODC)” after having submitted a doctor’s certificate to the health authorities. Unaware of such regulations, many foreign nationals violate Korean drug laws by bringing such items into Korea even without having a doctor’s certificate and are subsequently investigated by the police.
2. Drug Case Expert Attorney’s Defense of a Foreign Traveler
Mr. C, a Canadian foreign national, entered Incheon Airport in South Korea with cannabis cartridges for medical purposes, and MDMA that he had purchased while traveling to the United States. He was entering South Korea for a two-week stay and was unaware that these items were considered prohibited substances under South Korea’s drug policy.
When South Korean Customs inspected his luggage, he was found to be in possession of MDMA and CBD oil cartridges, which are classified as narcotics in South Korea. Therefore, he was subsequently arrested at Incheon Airport for the CBD and MDMA and investigated by police at Incheon Airport.
Mr. C., who does not speak Korean and had never found himself in this situation before, was in shock when the police told him that he could be detained in Korea on charges of drug possession. He took quick action to protect himself by finding a Korean criminal defense attorney that was registered with the Canadian Embassy, Ms. Kristen Lee, and immediately appointed her as his legal defense for his drug charges.
Our lawyer Ms. Lee rushed to Incheon Airport Customs to represent Mr. C from the beginning of the police investigation and provide prompt and effective counsel, while assertively defending his case by providing concrete evidence that Mr. C had no prior drug-related convictions in his home country, that he was using the cannabis cartridges for medical purposes only, and that the MMDA was a small quantity and there was no intent to distribute or sell it.
3. Foreign Traveler’s Drug Charges successfully dropped (Drug Import Case Korea)
The police sent the results of the investigation to the prosecutor’s office to provide their opinion of prosecution.
However, after the vigorous defense by our Korean drug defense lawyer, the prosecutor dismissed the case in less than a week with the decision to suspend the indictment against Mr. C.
This meant that Mr. C was not only released from detention, but he was even able to complete the second week of his planned travel to South Korea without issue.
When a foreigner is arrested by Korean drug enforcement after being caught with illegal drugs at Korean Customs, they are often very confused, shocked, and unsure of what to do or what will happen to them, which is often worsened by a language barrier. In such a situation, it is vital to find an attorney who is not only specialized in criminal defense and knowledgeable in drug cases, but who also understands the situation of foreign traveler’s and can provide legal advice for drug charges in Korea in their language.
In this case example, our English-speaking attorney Kristen Lee, who is specialized and experienced in criminal defense for foreigners, was also able to demonstrate once again that if you start your defense from the early stages of the investigation, there is a good chance that you will be released without being charged by the prosecution.
