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Possession of LSD in Racine or Kenosha is a class I felony, punishable by up to 3.5 years in prison, $10,000 in fines or both.
LSD Penalties in Racine & Kenosha
Possession
If you are charged with possession of LSD in Racine or Kenosha, you are facing:
- class I felony
- up to 3.5 years in prison
- $10,000 fine
- license suspension
- mandatory drug treatment programs
Intent to Sell
Depending on the amount of LSD or the way it is packaged, along with possible other factors, you may be charged with possession of LSD with the intent to sell.
If charged you are facing:
- class F felony
- maximum prison sentence of 12.5 years
- $25,000 fine
- possible forfeiture of vehicle
- probation
- license suspension
LSD is categorized as a Schedule I drug in the Uniform Controlled Substances Act. Schedule I drugs are considered to be very addictive, with a significant probability of abuse and without a valid medical purpose. In short, the Uniform Controlled Substances Act determined that there are no legal reasons or ability, to possess Schedule I drugs like LSD.
Fighting Hallucinogenic Drug Charges
LSD was originally popular with the flower generation in the 1960s and 1970s but has begun to regain its popularity. With the resurgence of the popularity of LSD and other hallucinogenic drugs including psilocin, possession of LSD has been charged more frequently than it had been for a long time. Similar to the belief about marijuana, LSD is considered to be on the safer side of the spectrum, at least as far as hallucinogenic drugs, as it is uncommon to overdose on LSD. This belief in its safety has led to the, somewhat frequent, recreational use of LSD in Racine and Kenosha. However, despite its use, there is no legal way or amount of LSD that can be possessed, if you are found in possession of any amount you can face felony criminal charges.
When something you own is used to help enable the sale of drugs, the prosecutor can request that item be forfeit. Most commonly, a prosecutor in Racine or Kenosha will seek your vehicle to be forfeited if you were selling drugs out of your car or used your car to deliver LSD or other drugs. If you are convicted of the offense, whatever item the prosecutor has sought to be forfeit will remain in police custody. The only way to get it back is to not be convicted. It does not matter what the car is worth, sentimental value, how much you make, or if it is your only way to get around; all of those arguments are irrelevant under the law that covers if a court can order the forfeiture of your vehicle. Grieve Law attorneys have the experience needed to defend you in the event you are charged with LSD possession or possession with intent to sell.
Contact the award-winning attorneys at Grieve Law LLC for a FREE initial consultation! Grieve Law serves Racine & Kenosha communities including Union Grove, Waterford, Raymond, Brighton, Silver Lake, Wheatland & more!
How long does possession of LSD stay on my record?
If you are convicted of possession of LSD, your conviction and charge will stay on your record for the rest of your life. Additionally, if you are convicted of possession with intent to distribute LSD you will be unable to ask the court to expunge your conviction. Having a conviction expunged does not remove the conviction or arrest record from your record it only seals the record on CCAP (Wisconsin’s Circuit Court Access Program) from public view. The only way to not have a possession of LSD or possession with intent conviction on your record is to make sure you are not convicted in the first place. You must hire the right Racine or Kenosha lawyer to help make that possible.
How to beat a drug charge
There are many ways to fight a possession of LSD charge. The prosecutor has to prove that the LSD was in your possession. Unless it was found directly on you, the prosecutor must convince a jury that you knew the LSD was wherever it was found and that you “exercised physical control over” it. If the drugs are found in a house where you are present you can be charged with possession of LSD, even if it is not your house, however, a prosecutor may have trouble proving that you were in actual possession of the LSD or that you had physical control over it. It could be a scenario where the drugs are found in your car, but on the passenger side. You can argue that you were not aware of the drugs being there and that they were left by someone else. Rarely when fighting a possession of LSD charge is the chemical compound of the drug at issue, typically the drugs have been tested and have come back as positive for being LSD.
To prove possession with intent to deliver, or delivery of LSD, a prosecutor must show that you had the “mental purpose” to sell or deliver the drugs. Without being able to prove that you were planning on delivering the LSD they cannot succeed on a delivery charge. Reach out to our skilled Racine and Kenosha lawyers to get started fighting your case today.
