drug possession or drug use?

with the arrest recently of more japanese celebrities on drug charges I am even more confused about japanese illegal drug laws. From the media it sounds like the criminal charge is possession of illegal drugs, no the use of them. Or is it both? Of course, japanese do not distinguish between the two, but i get the strong feeling that the actual criminal charge is possession, not use. who knows the answer?

Aren't the charges always for drug possession or distribution, and not for actual use. That's how it seems to be in Japan and the US, but I don't know how other countries handle the charges.

In both Japan and America, you are considered in possession if you are under the influence or test positive for the drug in your blood or urine. You don't even actually have to have any of the drug on you to be arrested for this.

Interesting, but doesn't that still result in a charge of possession?

The charge was always for possession I thought. The only time you would be charged for use as well is if you are classed as under the influence, so for example – if you were operating equipment or driving.

I believe yllwsmrf is quite right.

If it is in your bloodstream you are considered to be in possession of the drug and you are arrested for that.

Noriko Sakai's brother is being charged for drug use not possesion. He had no drugs on him, only in his system.
If drugs are in your system you'll be charged for use. If you have drugs in your possesion then you will be charged accordingly.
It's been this way for a very long time.
Bloodstream = Use
property = Possesion

I may be missing something so bear me, but isn't it difficult to catch a celebrity, or anyone for that matter, during the use of drugs? I mean, the person would've been pretty dumb to be caught when sticking a needle or smoking something.

In a lot of cases we see in news reports, people are caught on the street with something in their pocket or bag, and THEN they get their urines checked. But my understanding is that both possession and usage are crime each coming with sentences. Here's some law info in Japanese.
http://www.apari.jp/yougo/syoji.htm

With drug use, the tests show residual traces of drugs in your system. But since they need to search for specific drugs, within certain time restrictions, and have to have a reason to test in the first place seems to be why drug possession may be a more common charge, and then perhaps drug use tacked on later. I'm curious to know how the penalties differ, and I would assume that possession has higher penalties and is easier to prove than use.

I think in the case of Sakai's brother it's a bit more complicated than simply getting caught with drugs in his system.
There were a lot of investigations around him and Sakai's husband was caught with drugs on him.

I'm curious to know how the penalties differ, and I would assume that possession has higher penalties and is easier to prove than use.

by yllwsmrf

According to the link I posted previously, which is a website of an addiction research institute, both possesion and usage for say kakuseizai (stimulants) are 10 years imprisonment or less for non-profit, adding a penal servitude for 1 year or more for profit, and penalty of 5M yen or under in consideration of circumstances. (Please excuse me for any ill translations as I am not an expert on legal terms.)

I don't know how reliable this info is. They do have an English version of their home page.
http://www.apari.jp/Main1.htm

A specialist on TV also said that depending on the circumstances, you will be given a suspension. But in Japan, the biggest penalty you get for possessing/using any kind of drugs would be social sanctions, and the media is already proving it.

- Drug Abuse Prevention Center: database: fundamentals on drug abuse prevention: as to Five Drug Acts (in Japanese):
http://www.dapc.or.jp/data/kiso/15.htm
- Drug Abuse Prevention Center: top page for info in English:
http://www.dapc.or.jp/english/index.htm

Illegal drugs can be classified into six categories: stimulants, heroin, other narcotics (morphine, cocaine, etc.), psychotropic substances, opium, and marihuana.
As to stimulants, heroin, other narcotics, opium:
Illegal transfer, acceptance, possession or usage shall result in punishment.
As to marihuana:
Illegal transfer, acceptance, possession shall result in punishment.
As to psychotropic substances:
Illegal transfer, possession for a purpose of transfer shall result in punishment.

For transfer, acceptance, possession or usage for a nonprofit purpose, penal codes are the same as to the same category; however, each penal code has a wide range (e.g. imprisonment at labor for 10 years or less), so practically penalties may differ by situations in individual criminal cases.

According to news reports:
The defendant Takeshi Sakai (a younger brother of Noriko Sakai) was arrested and prosecuted for usage of a stimulant in last July 2009.
The suspect Yuuichi Takasoh (the husband of Noriko Sakai) was arrested red-handed for possession of a stimulant on 3 August 2009.
The suspect Noriko Sakai [Takasoh] appeared before police and was arrested for possession of a stimulant on the night of 8 August, and was sent to Tokyo District Public Prosecutors office before noon on 10 August 2009.

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I should have written "use" rather than "usage."
As you know, "marihuana" is often spelled "marijuana."

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and as a warning to any of you gaijinsans that are thinking of coming here and doing drugs, police officers are doing spot drug tests outside of clubs all over Roppongi as well as a few other popular club spots.

So think twice about doing it. This is Japan - if you want to do drugs you'd better do it somewhere else. If you get caught you're going to be in a world of hurt here.

Lots of debate here which is all good and healthy, but the bottom line is, don't go there. As all the best 80's arcade games said at the start:

Winners Don't Take Drugs.

With the arrest of Noriko Sakai, what will be her possible fate. Was she found to have the drugs in her system and possession? Will she received jail time for certain?

Noriko Sakai was found to have the drugs both in her system and possession. She was bailed last thursday and made a statement to the public apologizing to all fans domestic and foreign. She is now in hospital for rehab and trial is yet to come.