New York LSD
Lysergic acid diethylamide, commonly known as LSD or acid, is a synthetic psychedelic drug. Classified as a Schedule I controlled substance, LSD has been illegal to possess, sell or manufacture in the United States since the 1960s. It is usually available on small tabs of paper that are licked or swallowed. It is also available in liquid or capsules. When ingested it causes visual hallucinations of colors, shapes and patterns. When under the influence of LSD, your judgment is significantly compromised. LSD "trips" last over 12 hours. LSD users can experience flashbacks days, weeks and even months after using LSD. Because of the dangers associated with the use of LSD, the penalties for drug crimes related to LSD can be harsh, involving years of imprisonment. If you have been charged with a drug crime related to LSD you should immediately contact an experienced New York LSD Lawyer who understands laws related to drug crimes and who will aggressively defend you against the charges.
The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as sexual assault and burglary. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.Types of LSD drug crimes
LSD crimes generally fall into 2 main categories: possession of LSD and sale or distribution of LSD. Since LSD is a controlled substance, New York's controlled substances rules apply to the possession and sale of LSD as well as to other crimes that are related to LSD.LSD possession crimes
In New York it is against the law to possess any amount of LSD. This means that if you have even a miniscule amount of LSD for your own personal use, you can be charged with criminal possession of a controlled substance in the seventh degree . As this is the least serious LSD possession charge, it is a class A misdemeanor. The potential sentence is up to 1 year in jail. If you are a first time offender, you may escape a jail sentence and receive a sentence of only 3 years of probation. N.Y. Pen. Law § 220.03
If you are in possession of at least 1 milligram of LSD, the criminal charge will be raised from a misdemeanor to a felony with a significant increase in the possible sentence. Criminal possession of a controlled substance in the fourth degree is the minimum felony LSD possession charge you could face for possessing at least 1 milligram of LSD. It is a class C felony that carries a maximum sentence of up to 15 years in prison. N.Y. Pen. Law § 220.09. The felony charge will be more severe if you possession greater amounts of LSD. A charge of criminal possession of a controlled substance in the third degree requires that you possess at least 5 milligrams of LSD. It is a class B felony that carries a maximum sentence of up to 25 years in prison. N.Y. Pen. Law § 220.16. The most serious LSD possession charge is criminal possession of a controlled substance in the second degree . It is a class A-II felony that involves possessing at least 25 milligram of LSD. It carries a maximum sentence of life in prison. N.Y. Pen. Law § 220.18Sale of LSD offenses
A more serious crime than possessing LSD is selling LSD. Oftentimes those arrested for LSD selling are observed by law enforcement actually exchanging LSD for money. However, to face an LSD selling charge, it is not necessary that the police or other witnesses see you exchange LSD for money. Selling can also mean exchanging the controlled substance for something other than money, disposing of it to another person or even giving it away. You can even face an LSD selling charge if you offer to sell or make an agreement to sell LSD. Criminal sale of a controlled substance in the fifth degree is the minimum charge that you could face for selling LSD or any other controlled substance. N.Y. Pen. Law § 220.31. If the police are not able to ascertain the amount of LSD you distributed, you will at least be charged with fifth degree criminal sale, a class D felony. For example, in People v. Fulton, 28 A.D.3d 1180 (2006), the defendant Nathan Fulton was charged with multiple counts of criminal sale of a controlled substance in the third degree after he distributed LSD to several people at a party. The possible sentence is up to 7 years in prison.
If you knowingly sell at least 1 milligram of LSD, the charge will be c riminal sale of a controlled substance in the third degree. It is a class B felony. N.Y. Pen. Law § 220.39. If convicted, the maximum sentence is up to 25 years in prison. The most serious LSD sale charge is criminal sale of a controlled substance in the second degree if you knowingly sell at least 5 milligrams of LSD. It is also a class A-II felony. N.Y. Pen. Law § 220.41. If convicted, you may face a sentence of life in prison.
If you sell LSD on or near a school bus, in or near a child day care center, or in or near a school or other educational facility, you may also face a charge of criminal sale of a controlled substance in or near school grounds . It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.44
Intent to sell LSD or any other controlled substance can be gleaned from the amount of the controlled substance that you possess. If you have an amount of LSD that law enforcement determines is too much for personal use, then you not only will you face an LSD selling offense, you will also face the charge of criminal possession of a controlled substance in the fifth degree which involves possessing a controlled substance with the intent to sell it. In People v. Huebert, 30 A.D.3d 1018 (2006), the defendant was convicted of both criminal possession of a controlled substance in the fifth degree and criminal possession of a controlled substance in the seventh degree. The police found more than 200 individual "hits" of LSD. Possession of such a quantity of LSD was enough to support an intent to sell charge as it was more than a person would have for personal use.Sentencing
LSD drug crimes range from a class A misdemeanor to a class A-II felony. Penalties may include probation, jail, prison, fines, or a combination. The sentence that you receive will be based on several factors including the classification of the crime and your criminal background. First offenders will receive lighter sentences than those with prior felony convictions.
If you have a substance abuse problem that has contributed to your criminal activity, you may be eligible for an alternative sentencing program called Drug Treatment Court. If you are eligible for the program, you must plead guilty to the criminal charges and agree to abide by the conditions of the Drug Treatment Court program. If you successfully complete the program, the judge will take this into consideration in resolving your criminal case. The judge make give you a light sentence, may reduce the charges or may even dismiss the charges.Contact the Law Offices of Stephen Bilkis & Associates
If you are convicted of possessing LSD, selling LSD, or any other LSD crime in New York, you could be sent to prison for several years. Penalties for controlled substance crimes tend to be heavy, involving both prison time and substantial fines. You will also end up with a criminal record that includes a felony drug conviction. Because of these potential severe consequences of a conviction, if you have been charged with an LSD drug offense, you should immediately contact an attorney who has experience defending those accused of crimes related to drugs. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of drug possession, drug distribution, drug paraphernalia, drug manufacturing, and other drug offenses. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.