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In Brookfield, Wisconsin, LSD penalties can range from misdemeanors to felonies. A first-offense possession could mean up to a $5,000 fine and/or a year in jail. LSD penalties could escalate to a Class G or Class E felony whose penalties range $25,000 to $50,000 in fines and/or 10-15 years in prison.
Possession of LSD in Waukesha County is a Class I felony. It carries a maximum sentence of up to three and a half years in prison, a fine of $10,000, or both. You will also face a potential driver's license suspension as well as drug treatment programs with additional fines.
Possession of LSD with an intent to sell is a class F felony that carries a potential maximum of 12 and 1/2 years in prison, a fine of $25,000, or both. You may also face additional penalties such as forfeiture of the car being used in the sale or delivery of LSD, probation, and other additional penalties.
Under the Controlled Substances Act, LSD is classified as a Schedule I drug. Schedule I drugs have been determined to be highly addictive, have a high likelihood of abuse, and have no legitimate medical purpose. Therefore, there are no legal ways to possess a Schedule I substance such as LSD.
Wisconsin asset forfeiture laws provide that the State can request forfeiture of any item used in the sale of illegal substances. Therefore, if you are charged with delivery of LSD, you could face a mandatory forfeiture of the vehicle the police allege you used in order to sell the drug. The only way to avoid this forfeiture is to avoid conviction on the underlying offense. The value of the car, your income level, and your lack of access to other means of transportation are irrelevant under the statute for whether the court can order the forfeiture of your vehicle.
LSD is a drug that is regaining popularity. Originally popular in the 1960s, there has been a recent resurgence in the prevalence of hallucinogenic drugs such as LSD. LSD is often considered a relatively safe drug because it is believed to be uncommon for people to suffer an overdose on the drug. As a result, it has become more common for people to use this drug in a recreational manner. In Wisconsin, there are no legal ways to possess LSD, however. Therefore, if you are found to be in possession of any amount of LSD, you could face criminal charges.
Wisconsin asset forfeiture laws provide that the State can request forfeiture of any item used in the sale of illegal substances. Therefore, if you are charged with delivery of LSD, you could face a mandatory forfeiture of the vehicle the police allege you used in order to sell the drug. The only way to avoid this forfeiture is to avoid a conviction on the underlying offense. The value of the car, your income level, and your lack of access to other means of transportation are irrelevant under the statute for whether the court can order the forfeiture of your vehicle.
How long does possession of LSD stay on my record?
A conviction for possession of LSD will be on your record permanently. If you are convicted of possession with intent to deliver LSD, you will not be eligible to ask the court for expunction. Even if your case is granted expunction, it does not remove the conviction from your record. Rather it removes the record from public view. You should not rely on expunction or any other means of removing a conviction from your record to secure your future. The best way to avoid having problems with an old conviction is to avoid conviction in the first place.
How to beat an LSD charge
Several issues often arise in a possession of LSD case. Possession can be charged not only if the substance is found on your physical person, but also if it is in an area over which you exert physical control. If the drugs are not found on your person, but rather in your car or your home, the State must also prove that you knew the drugs were present. This can be much more difficult for them to prove. Often people will allege that the drugs were left by a friend either in their car or in their home. These are potential defenses to a possession of LSD charge.
If you are charged with possession with intent to deliver, or delivery of LSD, the State will have to show that you had the intent to sell the substance. If they cannot show that you intended to sell the drug, they cannot succeed on a possession with intent to deliver charge.
Contact our team of award-winning former prosecutors to discuss any potential defenses you may have in your possession of LSD case in Waukesha. Tom Grieve has been one of the most award winning criminal defense and drunk driving attorneys in Wisconsin since opening in 2013. He has helped numerous clients drop or reduce penalties from drug and alcohol related charges.
