Because of their danger and far-reaching consequences, drugs are treated as illegal in most countries. Yet as social media has gone mainstream alongside the growth of the internet, posts promoting drugs under the cover of anonymity have surged.
Charge of Drug Advertising
The Act on the Control of Narcotics, etc. (마약류 관리에 관한 법률) strictly prohibits informing or presenting to others any act—such as the manufacture or sale of controlled substances—that is itself forbidden. As a result, advertising the sale of drugs or posting methods of manufacture through the internet or social media is illegal. Moreover, because the purpose of drug advertising is usually to sell drugs and therefore leads to distribution, drug advertising is prohibited all the more severely. If someone moves from advertising to actually selling, an even heavier penalty applies, and the courts draw distinctions by considering factors such as the type of drug sold, the quantity sold, and whether the defendant is a habitual offender, while judging cases according to the degree of harm caused to society and the amount of profit gained.
Sentencing and Case Law for Drug Advertising
There are separate punishment provisions for drug advertising. Because controlled substances are subject to strict regulation, merely posting content that promotes their sale can result in imprisonment of up to 3 years. Even if you do not personally sell drugs or earn any profit from doing so, posting online that you are selling drugs is likewise punishable under the Act on the Control of Narcotics, etc. Even posting only about how to purchase or manufacture controlled substances can lead to imprisonment of up to 3 years or a criminal fine of up to KRW 30 million.
Because advertising drugs can also lead to purchases, punishment for drug advertising is imposed severely, even before distribution. Posting only a promotional message is enough to constitute an offense under the Act on the Control of Narcotics, etc., so caution is required.
In practice, there have been cases where people received actual prison terms for advertising and selling drugs, and even those who advertised drugs via Telegram received prison terms. There has even been a case where someone who merely posted a Telegram ID through which drugs were being sold was given a suspended sentence (probation)—showing that even a seemingly simple act can draw a high level of punishment.
