Preparing Defenses for PCP Possession

Phencyclidine, or PCP, was originally tested to be used as an anesthetic, but it was found to be too upsetting to patients, however it is occasionally used for a few limited legitimate purposes today.  PCP is a hallucinogen and a stimulant, which causes intense and increased degrees of feelings.  It comes in powder, liquid or capsule form.  PCP has street names such as angel dust, killer weed, embalming fluid, and rocket fuel.  This is the most hazardous of all hallucinogens.  Users have been known to injure themselves and others, cause damage to property and may become violent and potentially seriously ill.  It is a criminal offense to knowingly and unlawfully possess any amount of PCP and will be considered a serious offense if there is intent to distribute.

Penalties for Criminal Possession of PCP

Generally, PCP possession is prosecuted in a state criminal system.  Federal prosecution may occur if the charge involves distribution, manufacture or trafficking.  Regardless of whether the crime is charged in federal or state criminal systems, the penalties may be severe:  Following is a summary of penalties:

Federal charges of trafficking 100 – 999 grams of mixture

• First offense – 5 years to 40 years in prison.  If death or serious injury result 20 years to life in prison.  Maximum fine of $2 million
• Second offense – 10 years to life in prison.  If death or serious injury result, minimum of life in prison.  Maximum fine of $4 million

Federal charges of trafficking more than 1 kilogram of mixture

• First offense – 10 years to life in prison.  If death or serious injury results, minimum of life in prison.  Maximum fine of $4 million
• Second offense – 20 years to life in prison.  If death or serious injury results, minimum of life in prison.  Maximum fine of $8 million

In most states, the penalties mirror the federal penalties for possession of PCP.  If the drug was considered to be for personal use, the jail term will be three to five years and a fine of $1000 to $25,000.  If the charge includes intent to distribute, the jail term will be 3 to 15 years and a fine of $2000 to $300,000.

Common Defense Strategies for PCP Possession

When preparing defense strategies for PCP possession charges, it is important to consider every aspect of the arrest and charges.  Defendants are afforded certain rights under the United States Constitution and a defense will consider whether these rights were violated or protected.  Some considerations may include:

• Was there a violation of Constitutional rights?
• Was defendant properly Mirandized?
• Was the defendant offered the opportunity to have an attorney present?
• Was the traffic stop for a legitimate reason?
• Was there probably cause for searches in a car, home or on person?

Getting Legal Help

If you have been charged with PCP possession, you should contact a criminal defense attorney immediately.  Drug penalties for a hallucinogen such as PCP can be severe and life altering.  In order to use a successful defense strategy for criminal possession you should seek an attorney with experience with Federal and state possession laws.  An attorney with this expertise will be best equipped to assist you from the arrest process through the trial and sentencing.