Crimes under Washington's VUCSA laws, save for marijuana-related offenses, almost always result in felony charges. Of particular popularity and distribution are drugs that cause hallucinations. These drugs are more commonly known as hallucinogens. They come in a variety of forms, and are frequently used publicly at live music events, or privately in one's own home. Hallucinogenic drugs are somewhat less popular nowadays, given their notoriety in the past, but they can still be commonly used by younger people in conjunction with other drugs. Common hallucinogens are acid (LSD) and mushrooms. People who enjoy marijuana use may experiment with hallucinogenic drugs for a greater or more impactful psychedelic drug experience.
Hallucinogenic substances can be considered drugs or substances that cause an individual to experience a high degree of hallucinations as a form of stimulation. Hallucinogenic substances are more commonly categorized into Schedule I offenses, however certain hallucinogens are grouped in with Schedule II and Schedule III.
Common Schedule I Hallucinogenic Drugs:
- Lysergic acid diethylamide (Acid/LSD)
- Psilocybin (Mushrooms)
- Dimethyltryptamine (DMT)
Schedule I drugs are those that "have high potential for abuse, currently have no accepted medical use in treatment in the United States, and lack accepted safety for use in treatment under medical supervision." These are the most common drugs that a person can be arrested for, and they contain a large amount of the common hallucinogenic recreational drugs.
Named Schedule II Hallucinogenic Drugs:
Schedule II drugs are those that "have a high potential for abuse, are currently accepted in medical use in treatment in the United States, and the abuse of which may lead to severe psychological or physical dependence." These drugs are less common and used less recreationally than Schedule I drugs, however they present a high rate of addiction and dependence.
Named Schedule III Hallucinogenic Drugs:
Schedule III drugs are classified as drugs that have "less potential for abuse, are currently accepted for medical use in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence." These drugs are more commonly found and used for medicinal purposes, and are employed mostly in pharmaceuticals.
Even though VUCSA classifies all of these drugs into separate schedules, it only seldom changes the end outcome. VUCSA sentencing is harsh, even for first time offenders. For carrying less than two kilograms of hallucinogenic drugs the punishments are typically in line with class B felony offenses. This means:
- Up to ten years in prison
- Up to $25,000 fines
- In some cases, both fines and prison
If you are convicted for carrying more than two kilograms, then the sentencing increases to:
- Up to $100,000 in fines
- $50 added on for each gram in excess of two kilograms
- The same prison time applies
- In some cases, both fines and prison
VUCSA violations are tough to defend, and result in extremely severe sentencing regardless of how much a person has on them at the time of the arrest. Rarely does someone in the street have two kilograms of any drug with them, and since most hallucinogenic drugs are intended for recreational use, it is rare for a person to be carrying a mass amount. Even so, VUCSA carries felony level punishments for having just a small amount. This means that if you are caught with a small bag of mushrooms for just yourself, you will be prosecuted as if you are a mass distributor or trafficker of hallucinogenic drugs.
When it comes to drug crimes in Washington State, you will want to get in touch with a skilled defense attorney right away. Not only can you be prosecuted at the felony level for minor amounts, but you can get in trouble with the law for the drugs regardless of your intent. A felony conviction can spell certain doom for future careers; not to mention the jail time you would face if you are convicted. Oftentimes, the key to defending these crimes is putting forward suppression of evidence motions to have the evidence removed from the court. There are a number of rules and regulations on how a law enforcement officer can perform a search and seizure, and if any one of those rules has been violated, you may have a chance at suppressing the very evidence the court would have used to send you to jail. If the key evidence is removed, the prosecution may not have much of a case against you. Since many individuals like to use hallucinogenic drugs in addition to regular marijuana use, it can be common for people to be caught with both items. A skilled and experienced defense attorney will be able to help you with suppression hearings, and if need be, defend you in court.
If you or a loved one is facing severe criminal charges under VUCSA, and you are uncertain of what the future may hold, you need a defense attorney who will stay by your side and work to defend you. Contact defense attorney Steve Karimi today.