LSD, or lysergic acid diethylamide, is a psychedelic drug, also known as a hallucinogenic, that causes heightened sensory perception, thoughts, and emotions. Its use is often accompanied by distorted sensory input and anxiety and frequent use may lead to flashbacks and depression. On the street, LSD, Lucy, or acid comes in tablet, powder, or liquid form, so users swallow, snort, or inject it. Getting caught with it results in an arrest and possible conviction for a serious offense in New Jersey, depending on the amount of the drug involved and surrounding circumstances that may indicate that LSD is intended for distribution by the defendant. Deemed unsafe, LSD is a Schedule I drug on the Drug Enforcement Administration’s Controlled Dangerous Substances Act, which means possession, distribution, or manufacturing of the drug can result in a lengthy prison sentence in New Jersey.
If police arrested you for a crime involving LSD, seek the services of an experienced drug defense lawyer at Proetta, Oliver, & Fay to help you from the time of arrest to the conclusion of your case. Prosecutors typically hostile to drug offenders will not try to bully a defendant represented by a skilled criminal attorney experienced in handling LSD charges. Having represented clients charged with LSD and other controlled dangerous substance offenses across Burlington County and Southern New Jersey, our lawyers will not back down to get your charges dismissed, downgraded, or help you successfully gain admission into a diversionary program or probation to avoid going to prison or jail. Call our local office in Evesham Township directly at (609) 850-8284 for a free consultation. Our attorneys are ready to serve you in Mt. Holly, Mount Laurel, Pemberton, Willingboro, Southampton, Palmyra, Westampton or Bass River.
New Jersey’s Stance on LSD
The law seeks to punish those who place themselves or others in danger by ingesting drugs that cause harm. LSD can be harmful. Its users experience distorted perceptions and lack rational decision-making capabilities. Colors, objects, and time appear strange, which can cause anxiety in some. However, some users may also feel euphoric, amazed, and excited. Their heart races, pupils dilate, and body numbs. They may have insomnia or coughing jags while on it. Further, it can produce confusion, suspicion, panic, fear, schizophrenia, depression, and overwhelm. The drug intensifies moods, but much depends on the individual’s mind and circumstances. Some users who take too much or take it in a threatening environment can become troubled, paranoid, or aggressive. Thus, the scheduling of LSD at the highest level of danger is due to its potential harm to users and others.
Possession of LSD in Burlington County NJ
Schedule I drugs are those rife for abuse; they have no known medically accepted use and endanger a user with addiction or other harm. Other Schedule I drugs are heroin, ecstasy, and peyote. They are illegal drugs in the United States, and New Jersey’s N.J.S.A. 2C:35-10 outlaws their illegal possession and use. According to the statute, anyone possessing LSD is subject to third degree criminal charges and faces three to five years in prison with a $35,000.00 fine.
In New Jersey, LSD possession is a crime, and the punishment varies according to the amount and location of the drug arrest, since possession can quickly escalate into a distribution charge. For example, possession of less than a half ounce of LSD is a third degree crime that includes potential prison and fines but also a six-month to two-year license suspension and potential mandatory drug rehabilitation. However, getting caught with a half-ounce or less may be a separate crime of possession with intent to distribute.
Charges for Distributing LSD in New Jersey
Typically, a drug quantity that suggests more than mere personal use implies an intent to distribute drugs. Coupled with packaging and other tools that indicate an ongoing distribution operation, possession with intent to distribute may raise the third-degree fines to $75,000, with three to five years in prison for a conviction. Second degree possession with intent to distribute one-half to five ounces of LSD is punishable by five to ten years in prison and a $150,000.00 fine, and possessing over five ounces of LSD is a first degree crime. A convicted defendant faces up to 20 years in prison and a $500,000.00 fine.
Moreover, possessing a Schedule I drug with intent to distribute in a school zone is a third degree crime with a mandatory minimum sentence before parole eligibility and a $150,000.00 fine. N.J.S.A. 2C:35-5 prohibits the sale, manufacture, and distribution of LSD, and first degree possession with intent to distribute also results in a mandatory minimum of at least one-third of the sentence the convicted defendant must serve before becoming eligible for parole.
Lysergic Acid Diethylamide Production Facility Offenses in NJ
Even more serious, an individual convicted of running or maintaining an LSD production and manufacturing operation faces a first degree criminal charge that carries a fine of up to $750,000.00, up to 20 years in prison, and a mandatory minimum sentence. This is a separate charge from a first-degree possession with intent to distribute charge, and sentences are consecutive. In other words, a person can face up to 40 years for first-degree drug possession, distribution, manufacturing, and first-degree operation of an LSD manufacturing facility.
Causing an LSD Overdose Death in New Jersey
The law punishes Schedule I drug charges harshly. These drugs are not only dangerous because of their addictive or mind-altering properties but also due to their unregulated use, leading to overdoses. When taking drugs under the care of a physician, the medical provider controls the doses and refills to avoid addiction and overdose. But street drugs are distributed to anyone who buys them, even when the user has no idea of their tolerance limits. When a user dies, the seller can face criminal charges for violating N.J.S.A. 2C:35-9, first-degree drug-induced death. Again, the prison potential is 20 years but with a $250,000.00 fine. Regardless of the user’s actions, for example, if the user took too much or was otherwise at fault for an overdose, the one who supplied the drugs is liable.
Arrested for Driving under the Influence of LSD in Mount Laurel
Driving under the influence of LSD or any drugs can lead to a drug DUI, which has its own set of penalties. A driver can go to jail, lose their license for a time, and be required to attend substance abuse education classes and a rehabilitation program, in addition to financial penalties.
Facing LSD Charges, What are my Options?
Regarding drug abuse, judges look at first-time offenders differently than those with a history of drug or other criminal convictions. A person who tried LSD for the first time at a party with friends out of curiosity is different from a habitual user and distributor. The law gives the first-time offender some leeway for their mistake.
Diversionary programs, such as the Pretrial Intervention Program in superior court, are for those first-time, non-violent offenders who prosecutors and judges see as able to rehabilitate and stay out of the penal system. Eligible defendants charged with a drug crime may apply to the program for third or fourth degree crimes. First and second degree convictions typically do not qualify for the program, which consists of supervised treatment, education, drug testing, and other resources, depending on the applicant’s needs, but sometimes, special approval by the prosecutor will allow a second degree crime defendant to enroll in PTI. After completing the program, the offender’s conviction does not go on their record.
Getting into the PTI program is not guaranteed, but a persuasive drug defense lawyer can help a defendant apply, increasing their chances of getting into the program. This is also true for Drug Court and the Veterans Diversion Program, which can offer alternatives to a criminal record and jail for those who get in and finish.
LSD Defense Attorneys Here to Help in Evesham Township NJ
If there are flaws in the prosecutor’s case, a sharp defense attorney at our criminal law office will exploit those weaknesses in your favor, getting you a dismissal, advantageous plea bargain, diversionary program, or not guilty verdict at trial. Call a drug defense attorney at Proetta, Oliver, & Fay for your LSD arrest in Bordentown, Burlington Township, Florence, Cinnaminson, Moorestown, or elsewhere in Burlington County, New Jersey. A lawyer on our team is prepared to assist you now by contacting us online or calling (609) 850-8284.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only