Anyone living in New Jersey is aware of the State’s fight against drugs. While most efforts are being focused on prescription drugs and opioids, state and local law enforcement are still putting resources into stopping other recreational drugs, including LSD. The Controlled Dangerous Substance known as LSD , which stands for Lysergic Acid Diethylamide, is typically considered as a “party drug”. Some other names for LSD include Acid, Dots, Blotter and Tab just to name a few. LSD is a Schedule I under the Controlled Dangerous Substance Act. Simple Possession of LSD is a third degree felony offense while Possession with Intent to Distribute or Distribution of LSD may be a first degree crime, depending on the volume of drugs involved.
Often times, clients who have been arrested and charged with drug possession will ask how the State can prove “possession” if they were not actually holding the drugs. The answer is not always straightforward and can be very fact-specific to each case. In New Jersey, to “possess” a drug, you must have a knowing, intentional control of that item accompanied by a knowledge of its character. Possession means a conscious, knowing possession, either actual or constructive.
The law requires that the State prove that you either knew or were aware of the drugs presence and that you acted acted knowingly in possessing the item. A person acts “knowingly” with respect to the nature of his/her conduct or the attendant circumstances “if he/she is aware that his/her conduct is of that nature, or that such circumstances exist, or he/she is aware of the high probability of their existence.” This can be proven through inferences made by the jury based on the facts of the case.
What are the Penalties for Possession of LSD?
Absent proof that the defendant intended to distribute the LSD, straight possession of LSD is a third degree criminal felony offense in Toms River, New Jersey. If you are arrested, charged and convicted of drug possession involving LSD under N.J.S.A. 2C:35-10, then you are facing between 3 and 5 years in State Prison, a $35,000 fine, suspension of your driver’s license and certain other requirements deemed appropriate by the judge (such as rehab).
Penalties for Distributing & Possessing with Intent to Distribute LSD Charges
If you are found manufacturing, distributing or possessing LSD with the intent to distribute, then the penalties you face will be far stiffer than simple possession. Instead, under N.J.S.A. 2C:35-5, you will either be facing a second or first degree felony offense as follows:
Second Degree Felony – When the quantity involved is less than 100 milligrams you will be facing a second degree offense that carries anywhere from 5 to 10 years in State Prison and a $150,000 fine.
First Degree Felony – When the quantity involved is more than 100 milligrams, you will be facing a first degree offense that carries between 10 and 20 years in State Prison. In addition, a period of parole ineligibility applies in first degree distribution of LSD cases which requires a defendant to serve a mandatory minimum term of incarceration of at least one-third of the sentence imposed.
These charges are subject to enhancement if the offense occurred within a school zone or public park.
Manchester LSD Defense Lawyer
Ocean County has faced its fair share of drug-related deaths. Municipal and County law enforcement are taking every necessary step to curb the manufacture, transportation and distribution of drugs like LSD. If you or someone you love are currently detained due to an undercover drug bust or an arrest for drug possession, contact the Ocean County Criminal Defense Attorneys at Proetta & Oliver. Criminal charges for drug possession or drug distribution can be a pivotal event in your life. Failure to properly handle these types of cases can have lasting and lingering effects on your future. Find an experienced drug possession attorney to protect you and your constitutional rights. Call 848-238-2100 today and schedule a complimentary consultation with an attorney today.
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