Drug Cases and Your Status of Residence: 20 Questions Answered for Foreign Nationals and Their Families

Information about drug cases and immigration status circulates in fragments, and it is hard to tell what is accurate. Here we have gathered the twenty questions we are asked most often and answered each of them, starting with the conclusion. Where the facts are complicated the short answer may not fit your situation exactly, so treat this as a map of the whole territory rather than advice on your case.

Key points

• Under Article 24(4)(chi) of the Immigration Control and Refugee Recognition Act (入管法24条4号チ), a drug offence becomes a ground for deportation on the conviction alone, whatever the sentence.
• The exclusion for suspended sentences sits in the proviso to Article 24(4)(ri) and does not extend to (4)(chi).
• Article 24(4)(chi) applies whatever the status of residence (在留資格), although under Article 22 of the Special Act on Immigration Control (入管特例法) special permanent residents are not deportable for drug offences.
• A departure order (出国命令) under Article 24-3 is not available in drug cases, so the process proceeds to deportation.
• A decision not to prosecute (不起訴処分) is not a conviction and so does not engage (4)(chi), which is why defence work before charges are laid is decisive.

Q1 to Q5: Does a drug conviction always mean deportation?

Q1. Will I be deported even with a suspended sentence? A. It is possible. Article 24(4)(chi) refers simply to a person who has been convicted, and contains no exclusion for suspended sentences.

Q2. I only received a fine. Does that affect my residence? A. Article 24(4)(chi) does not limit the type of penalty, so a fine is caught. The same applies to a summary order.

Q3. What if I am not prosecuted? A. A decision not to prosecute is not a conviction, so it does not fall under (4)(chi). Note, however, that on a renewal application the substance of the incident may still be examined when conduct is assessed.

Q4. Which laws are covered? A. Six: the Narcotics and Psychotropics Control Act, the Act on Regulation of Cannabis Cultivation, the Opium Act, the Stimulants Control Act, the Anti-Drug Special Provisions Act, and Chapter XIV of Part II of the Penal Code.

Q5. Can a permanent resident (永住者) be deported? A. Article 24(4)(chi) applies whatever the status of residence. That said, Article 50(1)(i) lists holders of permanent residence permission as one of the categories eligible for special permission to stay (在留特別許可).

Q6 to Q10: How your situation changes the answer

Q6. What about special permanent residents (特別永住者)? A. The grounds for deportation under Article 22 of the Special Act on Immigration Control are limited to insurrection, foreign aggression and the like, and do not include drug offences. Criminal liability, of course, still arises.

Q7. I am the spouse of a Japanese national. Is my case treated differently? A. Not as regards the application of (4)(chi). Article 50(5), however, expressly lists family circumstances as a factor to be considered.

Q8. What about students and technical intern trainees? A. Both are covered by (4)(chi). In addition, being unable to continue the relevant activities can raise the separate question of revocation of the status of residence (Article 22-4).

Q9. Do so-called dangerous drugs lead to deportation? A. Designated substances are regulated under the Act on Pharmaceuticals and Medical Devices, which is not among the laws listed in (4)(chi). More than one year of actual imprisonment would raise the question under (4)(ri).

Q10. My child, who is a minor, has been referred to the family court. A. A protective measure is not a conviction, so (4)(chi) does not apply. If the case is sent back for prosecution and goes to trial, a separate analysis is needed.

Q11 to Q15: How the process runs

Q11. If I turn myself in, can I leave under a departure order? A. Article 24-3 requires that the person not fall under any of Article 24(4)(ha) through (yo), so someone caught by (4)(chi) is outside its scope.

Q12. What happens once the criminal case ends? A. If the status of residence has been lost, custody is transferred to immigration, and the process moves from a violation investigation into deportation proceedings.

Q13. Can I apply for special permission to stay? A. Under Article 50(2), an application may be made by a foreign national detained under a written detention order (収容令書) or by one placed under supervision measures (監理措置).

Q14. Can I still apply after a deportation order has been issued? A. No. Article 50(3) says so expressly, so the application has to be completed before the written deportation order (退去強制令書) is issued.

Q15. What are supervision measures? A. A scheme for conducting the proceedings without detention. A person placed under them may apply for special permission to stay under Article 50(2). Whether they are granted depends on the individual circumstances.

Q16 to Q20: Can I ever return, and when should I call a lawyer?

Q16. Once I have been deported, how many years until I can come back? A. Article 5(1)(v) sets no time period. Even after the one, five or ten years under item (ix) have elapsed, item (v) remains, and the only route is to seek special permission to land (上陸特別許可) under Article 12(1).

Q17. If special permission to stay is refused, can I go to court? A. You can bring an action to revoke the Minister's decision or the disposition issuing the deportation order, and apply for a stay of execution. No result can be promised.

Q18. When did the cannabis use offence come into force? A. The offences of use and of allowing use under Article 66-2 of the Narcotics and Psychotropics Control Act took effect on 12 December 2024, and carry imprisonment (拘禁刑) for up to 7 years.

Q19. I only held a package without knowing what was in it. Will I still be deported? A. The first step is to contest intent in the criminal proceedings. Whether intent or negligence is required for a ground for deportation is a point our office is currently litigating.

Q20. When is the right time to consult a lawyer? A. Immediately after arrest. In drug cases, a decision not to prosecute before charges are laid is the one complete way out that protects residence, and what happens in the first days shapes everything else.

How our office works, and matters we have handled

At Funado International Law Office, attorney Daisuke Matsumura handles every stage personally, from the first detention visit through to the close of trial. For Chinese, we have a dedicated interpreter on staff who is experienced in cases involving foreign nationals; for languages other than Chinese, including English, we arrange an interpreter to suit the case.

We obtained an acquittal for a client prosecuted for violating the Stimulants Control Act (possession for the purpose of profit), through analysis of the evidence and through examination of the defendant and cross-examination of witnesses. In a matter in which a client was rearrested several times as an alleged collector of money for a specialised fraud operation, we secured decisions not to prosecute on every count, through the handling of interrogations and through careful presentation of the evidence and arguments. Past matters turned on their own particular facts, and no similar outcome can be promised.

Read through all twenty answers and one thing becomes clear: the relationship between drug cases and immigration status is built around a single provision, Article 24(4)(chi). This article is a general explanation; for your own situation, please consult a lawyer directly. Past matters turned on their own particular facts, and no similar outcome can be promised.

This article reflects the law as at August 2026.

About the author

Daisuke Matsumura, Attorney at Law
Dai-Ichi Tokyo Bar Association (registration no. 59077, admitted 2019)
Funado International Law Office (Fuse Building Main Wing 3F, 3-4-10 Takada, Toshima-ku, Tokyo)
Practice focused on criminal defence for foreign nationals and immigration proceedings.
Results include an acquittal in a Stimulants Control Act case (possession for the purpose of profit), non-prosecution in organised fraud cases, and special permission to stay in cases regarded as difficult.

Funado International Law Office
Website: https://matsumura-lawoffice.jp/
WeChat ID: matsumura1119