QUICK TAKEAWAY
PCP: Phencyclidine, or PCP, is a synthetic drug banned under Schedule I of the Controlled Drugs and Substances Act. 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.
Table of Contents:
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 controlled under Schedule ICommonly characterized as “hard drugs" of the Controlled Drugs and Substances Act. Substances in this Schedule are the most heavily policed, and even small possessionTo have some control and knowledge of a drug can lead to criminal charges. Section 4 (1) of the Code makes it illegal to possess, produce, or sell any quantity of this PCP. The sale, possession and production of PCP are illegal unless authorized for medical, scientific or industrial purposes. According to the section of the Code dealing with Blood Drug Concentration Regulations, "any detectable level of Phencyclidine (PCP) can lead to charges."
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.
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 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 factors involved.
Section 4 (3) of the Code gives the Crown the discretion to treat your PCP charge as a summary convictionUsed for lesser offences or indictable offenceIndictable offences are more-serious criminal offences. 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.
If you possessed PCP for the purpose of trafficking or exporting, the possible penalty includes life imprisonment.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
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Semyonov Law. Newmarket Criminal Defence Lawyer
Goldglass, Sickinger, Newmarket Criminal Lawyers
Manzo Law
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Leo A. Kinahan Criminal And Administrative Law
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.
Possession
Possessing a drug on your physical self, or knowingly in the custody of another person, or the place for the use or benefit of yourself or another person.
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."
Schedule I
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.
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.
