This guide serves to cover the different degrees of LSD possession and the penalties that come with them.
Defining LSD Possession
You will be indicted with an LSD possession charge in Brooklyn if you possess any amount of the substance; Even tiny amounts can lead to an arrest. The court may also add sale or distribution charges if you possessed a large amount; Sentencing can also be stricter if you had it in your possession near a school or have previous drug offenses.
LSD doesn’t have to be on your immediate person for courts to indict you either. They can and will arrest you if LSD is found on any of your personal property, including your home and car, even if it doesn’t belong to you.
Possible Penalties for LSD Possession in Brooklyn
Since LSD is illegal on the state and federal levels, charges will typically be prosecuted in a New York state court; Charges usually won’t go to federal courts unless if distribution or trafficking was involved. New York’s penalties for possessing LSD are as follows.
Anything less than 1 mg of LSD will be prosecuted as class A misdemeanor and is considered a possession charge of the seventh degree. The good thing about this is that misdemeanors won’t have as big of an effect on your life as a felony charge, but sentencing could still cause issues. New York’s courts will often sentence you to probation if you’re found guilty of this charge, but it could carry a maximum jail time of one year.
If you possess more than 1 mg but less than 5 mg of LSD, you’ll be charged with fourth degree possession, which is a class C felony. This is much more severe than the last charge and the courts will prosecute it with heavier consequences in mind. Probation is possible if you’re a first offender, but the courts could sentence you to a minimum of one year in prison and up to five years and six months depending on the circumstances.
Next, there is the third degree of criminal possession, which is a class B felony; You’ll receive this charge if you possessed more than 5 mg but less than 25 mg of LSD. Courts will rarely offer probation in cases like these, but it can happen if you have a clean record. The prison sentence will be a minimum of one year, but could be up to nine years.
Lastly, there is the most severe charge related to possession of LSD, second degree criminal possession. This is a class A-11 felony and it will apply in situations where you possessed more than 25 mg of LSD. There is the possibility of probation, but it will only be offered as a lifetime sentence, meaning you’ll be on probation for the rest of your life. Courts will typically send people with this charge to prison for a minimum of three years; However, it could be up to 10 years in severe situations.
These penalties are assuming you’re a first-time offender for a drug and/or violent crime and you weren’t distributing LSD. If you aren’t a first-time offender, courts will be much stricter in sentencing as the minimum sentence rises significantly. On the other hand, if you were distributing LSD, the court could add more charges and/or change the degree of the charge, which in turn will make sentences longer. Lastly, if you’re found possessing LSD near a school, courts will add a year to the minimum sentence if it’s a third degree possession charge or higher. Sentences and charges can also be lessened though, as most courts will offer diversion programs or probation in plea deals; However, irregardless of the charge, a drug crime will likely remain on your record for life and could bar you from certain employers and academic institutions.