What are penalties for hallucinogen related charges in Michigan? Read below for the state drug charges for hallucinogen drugs.
What is a Hallucinogen?
A hallucinogen is a type of drug that can cause hallucinations, such as perceptual changes, significant subjective changes in consciousness, thoughts, and emotions.
For the purposes of the penalties described in this article, hallucinogens specifically include the drugs LSD, mescaline, pscilocybin, psiloycn, peyote, and dimethyltyptamine.
These drugs are all schedule 1 controlled substances.
There are certainly other types of drugs that may produce hallucinations or may be considered a hallucinogen, but the drugs listed here are specifically mentioned by state law for having lesser penalties than other schedule 1 controlled substances.
Use of a Hallucinogen
Hallucinogen use is a misdemeanor, punishable by up to 6 months in jail, a $500.00 fine and costs, or both. MCL 333.7404(2)(c).
Possession of a Hallucinogen
Hallucinogen possession is a misdemeanor, punishable by up to 1 year in jail, a $2,000.00 fine, or both. MCL 333.7403(2)(c).
Sale of a Hallucinogen or Possession with Intent to Sell
It is a felony to sell a hallucinogen or possess a hallucinogen with intent to sell it. The felony is punishable by up to 7 years in prison, a $10,000.00 fine, or both. MCL 333.7401(2)(b)(ii).
Operating While Intoxicated by a Hallucinogen
Although the use, sale, and possession of a hallucinogen involves lesser sanctions than other schedule 1 substances, the potential penalty for an OWI involving hallucinogens is the same as for other schedule 1 drugs.
Operating with the presence of a schedule 1 substance is a misdemeanor, punishable by up to 93 days in jail, fines and costs, or both. MCL 257.625(8).
OWIs with hallucinogens is not a common charge. This could be for several reasons.
First, evidence of physical impairment is not present with a hallucinogen in the same way it is for alcohol. Second, it is difficult for a police officer to detect the presence of hallucinogen use. For example, a person who has smoked weed could have red eyes and the odor of marijuana about them. A person who taken mushrooms will not have those same outward physical indications of use. Third, people simply don’t use these substances as often as people use alcohol or painkillers.
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