LSD Charges and Penalties in Florida
What is LSD?
Lysergic acid diethylamide, or LSD, is a synthetic chemical drug made from a fungus that infects grain. LSD is classified under a group of drugs called “psychedelics” because doses of these substances can alter the mind, producing changes in perception, mood, thought, and even hallucinations and the distortion of reality. Most commonly, LSD is taken orally when dried onto sheets of blotting paper or sugar cubes soaked with the substance, though it can also be sold and taken as a liquid, tablet, or capsule. Those who have ingested LSD are usually referred to as “tripping”. This drug, most popular in the 1960s – 1970s due to its legal nature until 1968, is reaching the public eye again, as reports of LSD intake rise. In an issue of Drug and Alcohol Dependance, the authors queried as to the newfound popularity of LSD, with doctoral candidate at the University of Cincinnati stating that “LSD is used primarily to escape. And given that the world [is] on fire, people might be using it as a therapeutic mechanism … [n]ow that COVID’s hit, I’d guess that use has probably tripled.” However, LSD is not always used for the fun and games of escapism, in the past, LSD has been incredibly potent at treating severe psychological disorders, and reducing the symptoms of anxiety, depression, and post-traumatic stress disorder. According to the report in Drug and Alcohol Dependence, LSD use in the United States increased 56.4% from 2015 to 2018. If you or a loved one has been arrested for possession of LSD, contact an experienced criminal defense attorney in Tallahassee.
What Are Florida’s LSD Laws?
This popular psychedelic is expressly illegal in the State of Florida and is federally classified as a Schedule I controlled substance, meaning that there are no recognized medical uses for the psychedelic and it has a high potential for abuse. The statute covering drug classifications in Florida is Florida Statute Section 893.03. This statute states that:
- LSD is considered a Schedule I drug, meaning that there is a high potential for abuse and has no accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards.
The Florida Statute discussing LSD charges is Section 893.135 and states that:
- Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 gram or more of LSD or any mixture of it commits a first-degree felony, punishable as provided is Sections 082, 775.083, and 775.084.
- If the quantity involved is:
- 1 gram or more, but less than 5 grams, the individual will be sentenced to a mandatory minimum term of imprisonment of 3 years and will be ordered to pay a fine of $50,000.
- 5 grams or more, but less than 7 grams, the individual will be sentenced to a mandatory minimum term of imprisonment of 7 years and will be ordered to pay a fine of $100,000.
- 7 grams or more, the individual will be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and will be ordered to pay a fine of $500,000.
- Section 135 also discusses the crime of manufacturing LSD, and states that:
- Any person who knowingly manufactures or brings into this state 7 grams or more of LSD as described in Section 03(1)(c), or any mixture containing LSD, and who knows that the probable result of such manufacture or importation would be the death of any person, commits capital manufacture or importation of LSD, a capital felony punishable as provided in Sections 775.082 and 921.142.
- Any individual sentenced for a capital felony under this section will also be ordered to pay the maximum fine under the “trafficking” section.
What are Defenses to LSD Charges?
Most defenses will depend on the particular facts and circumstances surrounding the case of you or a loved one. However, the burden of proof is always on the prosecution to prove that the criminal act did occur with the requisite intent beyond a reasonable doubt. Some defenses to LSD charges include:
- The accused did not have actual knowledge that the LSD was in their possession and did not know that the substance itself was illicit;
- The accused did not have requisite constructive or actual possession of the LSD;
- The accused did not have control or dominion over the LSD;
- The accused only had temporary possession of the LSD in order to lawfully dispose of the drug;
- The LSD was found during an illegal search and seizure in violation of the accused’s Fourth Amendment rights;
Tallahassee Drug Defense Attorney
As noted above, the use, possession, trafficking, distribution, or manufacture of LSD comes with steep and severe penalties. It is imperative that you or a loved one charged with a crime involving LSD hired a Tallahassee drug defense attorney as soon as possible to craft and strategize a complete defense. Don Pumphrey and the members of the legal team at Pumphrey Law firm have decades of experience representing individuals accused of drug crimes and will be dedicated to providing those individuals with a vigorous defense. Call our office today at (850) 681-7777 or send an online message to discuss your rights and options during an open and free consultation with an attorney in our legal team.