Drug Offences CDSA ss. 4-7 Hybrid / Indictable

PCP

Phencyclidine, or PCP, is a synthetic drug banned under Schedule I of the CDSA. Penalties range from fines to 10 years in prison or life imprisonment.

Last reviewed: July 2026 Section: CDSA ss. 4-7 Classification: Hybrid / Indictable
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PCP: Possession Rules and the Penalties

PCP possession means having control of the drug, knowing it was there, and knowing what it was. The Crown does not need to prove you knew the law. Possession carries up to 7 years. A lesser charge can mean a smaller penalty. Trafficking or making PCP can carry up to life in prison. There is no minimum sentence.

PCP: PhencyclidineBetter known as PCP or angel dust, or PCP, is a synthetic drug banned under Schedule I of the Controlled Drugs and Substances ActCanada's federal drug control statute. When used illegally as a hallucinogen, it produces feelings of detachment and a sense of separation of mind from body. It can be ingested in various ways, with the effects lasting up to six hours. Depending on the amount of PCP you are found with and the circumstances, penalties range from fines to 10 years in prison or life imprisonment for those convicted of trafficking or exporting it.

What is PCP?

Phencyclidine ­– better known by its street names of PCP, angel dust, mescaline, mess, horse, TH, peace pill, crazy eddie, rocket fuel, sherms/shermans, wack, crystal and embalming fluid – is a synthetic drug that was originally developed as an intravenous anesthetic medication in the 1950s. It is both a hallucinogen and a sedative/tranquillizer.

Its medical use has been discontinued because many patients became agitated, irrational or delusional after taking it. It is now only legitimately used to anesthetize and tranquillize large animals, or to bring about schizophrenia in research animals.

Users say it produces feelings of detachment and a sense of separation of mind from body. It may also distort your sense of sight and sound. In its pure form, PCP is a white, crystalline powder. It is often mixed with dyes and is sold as tablets or coloured powders.

There are a variety of ways to ingest it. The most common is administering the liquid form into something, such as a cigarette, joint or other leafy materials or herbs. The practice is known as embalming or “getting wet.” Other methods include:

  • Popping a tablet in your mouth.
  • Snorting the powder through your nose.
  • Mix it with water and inject it.

The effects last four to six hours, depending on the amount.

Street Names for PCP

You may know it better by its street names, which include angel dust, hog, ozone, rocket fuel, shermans, wack, crystal, embalming fluid, lovelies, wets and waters

PCP’s Legal Status in Canada

PCP is listed under Schedule ICommonly characterized as “hard drugs" of the Controlled Drugs and Substances Act (CDSA). Substances in Schedule I are subject to the most serious consequences under the Act. Under s.4(1) of the CDSA, it is an offence to possess any amount of PCP without lawful authorization. Because PCP is listed in Schedule I, the punishment is set by s. 4(3). possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment.: if prosecuted by indictment, it carries a maximum of seven years in prison; on summary conviction for a first offence, a fine of up to $1,000 or up to six months in jail, or both.

Producing PCP is a separate and more serious offenceAn indictable offence with a maximum punishment of five years or more. under s.7 of the CDSA. TraffickingInfluencing the movements of a person in order to exploit them in PCP, which includes selling, giving, or otherwise distributing it, is a separate offence under s.5. Both production and trafficking of a Schedule I substance carry a maximum of life imprisonment if prosecuted by indictment.

Ketamine is Illegal in Canada

Ketamine is a substance related to PCP in its composition. The Code lists Ketamine as a Schedule I drug belonging to the PCP family, making it a banned substance in Canada. When prepared for medical use, it is a colourless, tasteless and odourless liquid that can be injected by veterinarians and doctors for medicinal purposes as an anesthetic.

Ketamine is being used to treat depression and mood disorders, this UC Health report (Ketamine Shows Promise as Therapy for Brain Trauma and Mood Disorders) states, adding that “The story of the NMDA antagonists is exciting, and we may be using more of these drugs therapeutically in the not-too-distant future.”

What is Needed to Convict

To find you guilty of possessing PCP, 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. You can be found guilty of possession even if the PCP was found at someone else's house or in a friend’s gym bag.

The Crown must also prove that the substance is listed in the CDSA and that you knew what it was. The Crown does not have to prove that you knew the exact law. But if you genuinely did not know what the substance was, that may matter.

Penalties for PCP Offences in Canada

Our courts hand down the harshest sentences for those convicted of a crime involving Schedule I drugs, so you could be looking at jail time even on a first possession offence. When passing sentence, courts will look at how much you possessed and if there were any aggravating factorsAny information or evidence that may result in a heavier sentence involved.

Section 4 (3) of the CDSA gives the Crown the discretion to treat your PCP charge as a summary convictionUsed for lesser offences or indictable offenceA more serious type of Canadian criminal offence.. If it is your first offence and you are found guilty on summary conviction, you face a maximum fine of $1,000, imprisonment up to six months or both. For a subsequent offence, the maximum fine increases to $2,000 while the maximum imprisonment cannot exceed one year, or both.

If the Crown treats your possession charge as an indictable offence, the maximum prison term increases to seven years.

Simple possession of PCP is dealt with under s.4 of the CDSA. If you possessed PCP for the purpose of trafficking — a separate, more serious offence under s.5 of the CDSA — the maximum penalty is life imprisonment (an indictable offence only).


November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Possession — CDSA s. 4(1), Schedule I substance

Hybrid
Maximum (indictment)
7 years
Summary option
Summary: first offence — fine up to $1,000 and/or up to 6 months; subsequent offence — fine up to $2,000 and/or up to 1 year.

No mandatory minimum currently applies. Offence: s. 4(1). Punishment: s. 4(3).

Trafficking or possession for trafficking — CDSA s. 5, Schedule I

Indictable only
Maximum penalty
Life imprisonment
Summary option
None — indictable only

No mandatory minimum currently applies.

Importing or exporting — CDSA s. 6, Schedule I

Indictable only
Maximum penalty
Life imprisonment
Summary option
None — indictable only

No mandatory minimum currently applies.

Production — CDSA s. 7, Schedule I

Indictable only
Maximum penalty
Life imprisonment
Summary option
None — indictable only

No mandatory minimum currently applies.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

This page covers more than one section. Possible defences and legal issues are set out by section below.

PCP — CDSA ss.4, 6 and 7

Section 4(1) of the Controlled Drugs and Substances Act (CDSA) opens with the words “Except as authorized under the regulations” before setting out the possession offence. Sections 6 (importing, exporting, and possession for export) and 7 (production) use the same authorization language. This means a valid authorization — such as a prescription, licence, permit, or other legal authorization — may matter, but only if it covers that substance and that activity. The Crown still has to prove the parts of the offence, including that the substance is listed in the CDSA (PCP is a Schedule I substance) and that the person knew what it was.

PCP — CDSA s.5 (Trafficking)

Section 5 of the CDSA does not list a special defence for trafficking or possession for the purpose of trafficking. The Crown still has to prove the parts of the offence: that the person trafficked the substance or possessed it for the purpose of trafficking, that the substance is listed in the CDSA, and that the person knew what it was. The Crown does not usually have to prove that the person knew the exact law.

Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Aggravating factors
Glossary entry →

Any information or evidence that may increase the crime's severity, resulting in a heavier sentence.

Hybrid offence
Glossary entry →

A hybrid offence is an offence where the Crown can choose whether to proceed by summary conviction or by indictment. The choice can affect the procedure, possible penalties, and sometimes the court where the case is heard.

Indictable offence
Glossary entry →

An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.

Possession
Glossary entry →

In criminal law, possession means having knowledge and control of something. It does not only mean physically holding an item — it can include an item kept somewhere else, or in someone else's keeping for your use or benefit, that you know about and have control over.

Reasonable doubt
Glossary entry →

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."

Schedule I
Glossary entry →

Schedule I drugs are commonly characterized as “hard drugs.” They include street drugs such as heroin, cocaine, and opium and numerous pharmaceutical-grade drugs such as oxycodone and morphine. Schedule I drugs show a high risk of dependency. See Schedule I of the Controlled Drugs and Substances Act.

Serious offence
Glossary entry →
Serious offence is a defined term used in some Criminal Code contexts. It generally means an indictable offence for which the maximum punishment is imprisonment for five years or more.
Summary conviction
Glossary entry →

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.

Trafficking
Glossary entry →

The recruitment, transportation, harbouring and influence over the movements of a person in order to exploit them, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery.

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

  • Controlled Drugs and Substances Act s. 4 Possession (Schedule I ladder)
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 5 Trafficking and possession for the purpose of trafficking
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 6 Importing and exporting
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. 7 Production
    Last reviewed by CCH: 2026-07-05
    View official source ↗
  • Controlled Drugs and Substances Act s. Schedule I Phencyclidine (item 14)
    Last reviewed by CCH: 2026-07-05
    View official source ↗

Government References

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