Pennsylvania considers LSD a serious drug, and being charged with possessing it, making it or selling it can cause serious long-term problems in anyone’s life. Fortunately, jail can be avoided in many cases, either by vigorously fighting charges or by plea bargaining with prosecutors. The key if you have been charged with an LSD-related crime is to know what you are facing and to obtain legal representation immediately.
If you are facing LSD charges in the Pennsylvania area, call Brian Manchester, an experienced LSD attorney in Pennsylvania. Call today. It is important to start working on your defense right away.
Simple Possession of LSD in Pennsylvania
LSD, or lysergic acid diethylamide, is a chemical developed in 1938 for psychiatric uses and since banned due to its extreme psychedelic effects, which include hallucinations, altered sensory perceptions and thought distortions. In Pennsylvania, as at the federal level, LSD is categorized as a Schedule I controlled substance. This means the state considers it a highly dangerous substance with no valid medical uses and a strong potential for abuse. LSD cannot be possessed, made or sold under any circumstances. Possessing small quantities of LSD is a misdemeanor with a maximum penalty of one year in jail for a first offense or three years for subsequent offenses. There are mandatory minimum sentences for some multiple repeat offenders, but a first-time charge generally won’t lead to anything more serious than probation and fines. Federal possession charges are also possible, though simple possession is usually handled by state courts. Penalties at the federal level include a maximum of one year for a first offense.
Buying LSD in Pennsylvania
Intentionally or knowingly buying LSD is also a misdemeanor in this state and carries penalties that include as many as three years in prison. Mandatory sentences apply only to multiple repeat offenders, so probation is possible for many defendants. A defendant caught buying LSD is generally more likely to face a less serious simple possession charge, but a purchase charge is always possible.
LSD Trafficking in Pennsylvania
Manufacturing LSD, selling it or possessing it with intent to sell it is a much more serious crime. Manufacture, distribution or possession with intent is a felony in Pennsylvania punishable by a maximum sentence of five years in prison and a fine of $15,000. Mandatory minimum sentences don’t apply on first offenses, but even then some incarceration is likely. After a first offense, a mandatory minimum of at least three months in jail kicks in, and mandatory sentences increase from there. Manufacture and distribution of LSD is established by a defendant’s conduct, but possession with intent is inferred from the amount of the drug. An offense involving distribution to a minor or intent to distribute to a minor comes with a minimum one-year sentence. Another two years are automatically added if a defendant intended to promote habitual drug use, intended to involve the minor in drug trafficking, distributed the drugs within 1,000 feet of a school, or distributed the drugs on a school bus or within 500 feet of a school bus stop. Federal courts can and often do apply even stiffer penalties for LSD trafficking, including a mandatory minimum of 20 years to life where drugs from a major trafficking operation kill someone.
If you or a loved one are in the Pennsylvania area and have been charged with an LSD crime, call Brian Manchester, an experienced LSD defense lawyer in Pennsylvania. He can help you build the defense you need today.