There’s been quite a lot of media attention on hallucinogenic drugs. Around the world, substances such as psilocybin and LSD are being tested for medical use. There are tons of supposed benefits of psychedelic drugs. Some studies claim that psychedelics can be used effectively to help people quit smoking. Some tests have also shown that magic mushrooms can alleviate symptoms of depression and anxiety disorders.
Beyond their proposed medical benefits, many users just enjoy using psychedelics to “trip out.” Users take these drugs to have unique experiences unlike anything you could have while sober.
Historically, users have obtained these drugs illegally, as do most drug users. But recently, you may have heard of or even seen shops popping up that advertise selling drugs like LSD, psilocybin, peyote, kratom, and more.
It’s certainly confusing – how can these shops sell illegal drugs out in the open like that?
What you’re probably wondering though, is if you can legally purchase from these stores, or similar stores online.
These stores walk a sort of legal “tightrope.” They’re sort of legal, but really not. But that doesn’t stop them from pushing the limits of drug laws.
How are Psychedelics Regulated in Canada?
Psychedelic drugs are regulated under the Controlled Drugs and Substances Act. The CDSA regulates all drugs that are considered by the Canadian government to be highly addictive or have a high risk of abuse.
The CDSA breaks down all of these controlled drugs into groups, called schedules. There are six schedules, with Schedule I drugs generally deemed the “highest potential for abuse” and Schedule VI the lowest. The higher the schedule of the substance, the greater the penalties associated with using or trafficking it.
Most psychedelic drugs are Schedule III drugs, however some, like MDMA and ketamine, are Schedule I. The scheduling does not necessarily reflect the intensity of the high obtained from the drugs, but more so the potential for abuse or addiction.
Penalties for Possession of Psychedelic Substances
Simple possession of a Schedule III drug can bring a maximum of 3 years’ imprisonment, while possession of a Schedule I substance can bring a maximum of 7 years’ imprisonment.
If you were charged with possession for the purpose of trafficking, the penalties increase. For a Schedule III substance, the maximum prison sentence is 10 years. The maximum sentence for a Schedule I substance is life imprisonment.
Penalties for Smuggling/Possession for the Purpose of Distribution
The maximum penalties for smuggling psychedelic drugs are the same as for trafficking – up to 10 years for Schedule III drugs and up to life imprisonment for Schedule I.
The difference between smuggling and trafficking is very nuanced, but simply put, trafficking is the transport of drugs while smuggling is the transport of drugs across a border.
Penalties for Production of Psychedelic Substances
Again, the maximum penalties for the production of psychedelic drugs are the same as smuggling and trafficking. These are up to 10 years imprisonment for Schedule III drugs and up to life imprisonment for Schedule I drugs.
The ramifications of a Schedule I drug charge are incredibly serious, as you can see. If you were charged with drug trafficking, possession, or production, it is in your best interest to obtain legal representation.
The experienced criminal defence lawyers at Dhanu Dhaliwal Law Group can help you in your case. Give us a call today, or fill out our contact form to get started.
What Hallucinogens are Legal in British Columbia?
To sum up all of the complicated laws and loopholes, the short answer is none.
There are no hallucinogens or psychedelic substances that are legal for human consumption in Canada (aside from cannabis, which is psychoactive and considered in some ways to be a hallucinogenic drug).
Dhanu Dhaliwal Law Group does not advocate for the production, distribution, sale, or consumption of any psychedelic, hallucinogenic, or otherwise illegal substance. And disclaimers aside, it’s really just not worth the risk of possible criminal charges to engage in any way with these drugs. As the wise Obi-Wan Kenobi once said, don’t try it.
On top of the legal penalties for drug charges, those who are convicted often have difficulties finding employment, getting a loan, and even finding a place to live. It is crucially important for you to hire an expert criminal defence lawyer if you have been charged with a drug offence – it could be the difference between freedom and a lifetime of terrible consequences.
Our team can help you get the best possible outcome for your criminal charges. Contact us today to get started with your case.