§ 4235. Hallucinogenic drugs
(a) “Dose” of a hallucinogenic drug means that minimum amount of a hallucinogenic drug,
not commonly used for therapeutic purposes, that causes a substantial hallucinogenic
effect. The Department of Health shall adopt rules that establish doses for hallucinogenic
drugs. The Department may incorporate, where applicable, dosage calculations or schedules,
whether described as “dosage equivalencies” or otherwise, established by the federal
government.
(b) Possession.
(1) A person knowingly and unlawfully possessing a hallucinogenic drug, other than lysergic
acid diethylamide, shall be imprisoned not more than one year or fined not more than
$2,000.00, or both.
(2) A person knowingly and unlawfully possessing 10 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than five
years or fined not more than $25,000.00, or both.
(3) A person knowingly and unlawfully possessing 100 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 10
years or fined not more than $100,000.00, or both.
(4) A person knowingly and unlawfully possessing 1,000 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15
years or fined not more than $500,000.00, or both.
(c) Selling or dispensing.
(1) A person knowingly and unlawfully dispensing a hallucinogenic drug, other than lysergic
acid diethylamide, shall be imprisoned not more than three years or fined not more
than $25,000.00, or both. A person knowingly and unlawfully selling a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than five
years or fined not more than $25,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing 10 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 10
years or fined not more than $100,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing 100 or more doses of a hallucinogenic
drug, other than lysergic acid diethylamide, shall be imprisoned not more than 15
years or fined not more than $500,000.00, or both. (Added 1989, No. 100, § 6; amended 2001, No. 52, § 8; 2023, No. 53, § 118, eff. June 8, 2023.)