QUICK TAKEAWAY
LSD is a Schedule III narcotic under the Controlled Drugs and Substances Act (CDSA). Its scientific name is lysergic acid diethylamide, which is commonly known as acid, blotter, window pane, mellow yellow or dots. Pure LSD is a white, crystalline powder that dissolves in water. It is usually packaged in squares of LSD-soaked paper (blottersA small, square piece of absorbent paper usually containing one hit of LSD), small powder pellets (microdotsA small tablet containing LSD) or gelatin chips (window paneLSD gelatin). The penalties for possessing LSD are not as severe as with heroin or cocaine, but you could still be given a three-year prison term.
Table of Contents:
What is LSD?
When you take LSD, the effects are felt within 30 to 60 minutes. As the “trip” goes on, sensations peak in two to four hours, then slowly fade over the next 10 to 12 hours.
You may see, hear or feel things that are not there, depending on the amount you take. While tripping, you may feel disconnected from your body and your ability to judge distance, time, or speed will be impaired. Deaths have occurred with people under the influence who believe they can fly or walk through traffic.
Paranoia, psychosis and flashbacks are potential long-term health risks related to frequent LSD use, and they can continue for years after you stop using the drug.
Street Names for LSD
You may know it better by its street names, which include acid, tabs, blotters, barrels, microdots, dots, cid, electric Kool-Aid, Hawaiian sunshine, haze, headlights, hits, kaleidoscope, lucy in the sky with diamonds, mellow yellow and mighty Quinn.
The Effects of LSD
When you take LSD the effects are felt within 30 to 60 minutes. As the “trip” goes on, sensations will peak in two to four hours, then slowly fade over the next 10 to 12 hours.
You may see, hear or feel things that are not really there, depending on the amount you take. While tripping, you may feel disconnected from your body and your ability to judge distance, time or speed will be impaired. Deaths have occurred with people under the influence who believe they can fly or walk through traffic.
Paranoia, psychosis and flashbacks are common long-term health risks related to frequent LSD use, and they can continue for years after you stop using the drug.
Legal Status of LSD in Canada
In 1962, Canada outlawed the possession and trafficking of LSD as scientists were concerned about both its short and long-term effects on users. The drug is included in Schedule IIIMost hallucinogens of the CDSA, which encompasses most psychedelics or hallucinogens, or substances that produce changes in perception, mood, and cognitive processes.
What is Needed to Convict
To find you guilty of possessing LSD, the Crown must establish beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you were in possession of the drug. “Possession” is not just limited to the idea that the drug was found on your person or in your car or house. Instead, it means that you had some degree of control and knowledge of the drug.
As a result, you can be found guilty of possession even if the LSD was found at someone else's house or in a friend’s gym bag.
Other basics the Crown must prove is that the substance in question is a drug listed in the CDSA and that you had knowledge about its illegal nature.
Penalties for LSD Offences in Canada
Possession of Substance
Possession of LSD is illegal under s.4 (1) of the CDSA. If the charge is treated as a summary convictionUsed for lesser offences, a first offence can result in a fine up to $1,000, a jail term up to six months or both. For any subsequent offence, the maximum fine is $2,000, the maximum jail term is a year, or both. If the charge is treated as an indictable offenceIndictable offences are more-serious criminal offences, the maximum prison term is three years.
Obtaining substance
Seeking or obtaining LSD from a health professional is illegal under s.4 (2) of the CDSA. If the charge is treated as a summary conviction, a first offence can result in a fine of up to $1,000, a jail term up to six months or both. For any subsequent offence, the maximum fine is $2,000, the maximum jail term is a year or you could be given both. If the charge is treated as an indictable offence, the maximum prison term is three years.
Trafficking in Substance
Section 5 (1) of the CDSA makes it illegal to possess LSD with the intention of trafficking it. If the charge is treated as a summary conviction, the maximum penalty is a jail term of up to 18 months. If the charge is treated as an indictable offence, the maximum prison term is 10 years.
Possession for the Purpose of Exporting
Section 6 (1) makes it illegal to possess LSD with the intention of exporting it. If the charge is treated as a summary conviction, you could be facing a jail term of up to 18 months. If the charge is treated as an indictable offence, the maximum prison term is 10 years.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
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Risen, Inch & Fraser
Kelly Greenway Bruce
Evans, Mitchel-Gill.
Arvin Ross Law Office
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Sandip (Sandy) Khehra, Criminal Defence Lawyer
Glossary of Legal Terms
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
