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Possession of LSD in Ozaukee or Washington County is a class I felony and carries a maximum prison sentence of 3.5 years, a fine up to $10,000 or both. Additionally, the court may decide to suspend your license and assign required drug treatment programs for which you will incur additional fees.
Glenn Gaskill
OWI & Criminal Defense Attorney
The Uniform Controlled Substances Act categorizes LSD as a Schedule I drug. Schedule I drugs have been determined to be highly addictive, with a significant likelihood of abuse and without a legitimate medical purpose. According to the Uniform Controlled Substances Act there is no legal reason or ability to possess Schedule I drugs like LSD.
Originally popular in the 1960s and 70s with the flower generation, LSD has recently begun to regain its popularity. There has been a resurgence in the use of hallucinogenic drugs, leading to more frequent charges for possession of LSD than had previously been the case. Just as THC is considered a safe drug, LSD is believed to be on the safer side of the scale when considering hallucinogenic drugs because it is uncommon to overdose on LSD. Recreational use of LSD in Ozaukee and Washington County has become more frequent due to this belief in its ability to be safely used. Independent of its popularity, there is no legal way or mount of LSD that can be possessed. Any amount of LSD found in your possession can result in felony charges.
Possession of LSD in Ozaukee or Washington County is a class I felony and may include the following penalties:
The quantity of LSD found and its packaging, not to mention other factors including any drug paraphernalia found, may lead to charges of possession with intent to distribute LSD, a class F felony. If charged with intent to distribute LSD you are facing:
Something used in the commission of a crime, upon request in conviction, can be deemed forfeit. Frequently this takes place with firearms and vehicles used as the location for the sale of a drug. In Ozaukee or Washington County, the State will seek to have your vehicle forfeited if it was the location of the sale of LSD. This means that in addition to a substantial prison sentence, a significant fine and the suspension of your driving privileges, you may also lose your only vehicle for transportation. If convicted there are no arguments to successfully keep your vehicle.
A possession of LSD conviction in Ozaukee or Washington County will stay on your record permanently. A conviction for possession with intent to distribute LSD is ineligible to be expunged from your record. If the court grants conditional expunction on your conviction, it removes the record of your conviction from CCAP (Wisconsin’s Circuit Court Access Program). However, the conviction itself remains on your record. Outside of a pardon from the governor, the only way to keep your record clean is not being convicted in the first place.
For the State to convict you of possession of LSD, they must prove beyond a reasonable doubt that the LSD found was actually in your possession. If the LSD was found directly on your person, possession becomes easy to prove. However, if it was found anywhere else, the State must prove that you were aware of its presence and that you “exercised physical control over” it. If you are present in a house where LSD is found, you may be charged with its possession. However, being charged and the State being able to prove their case are not the same thing. LSD being found in someone’s bag or it not being your house are just two examples of when the State would have difficulty proving that you “exercised physical control” over the LSD. Often when found in a vehicle, every occupant will be charged with possession of LSD despite that its location may be nowhere near you within the vehicle. Challenging that the substance found is not LSD is not typically a viable option as the substance will have been tested by the State Crime Lab who will then come to court to testify as to what the results were.
If charged with possession with intent to distribute LSD, the State must prove that you had the “mental purpose” to distribute LSD. Frequently the State will attempt to use either the quantity, the packaging, or any drug paraphernalia found to try and demonstrate that the LSD was possessed with the purpose of being sold. Intent is often the most difficult element of a crime for the State to prove as they do not have a crystal ball to look into someone’s mind, they are left to guess and to attempt to convince a jury of their guess. Having the right attorney on your side to challenge your case, argue against knowledge and/or intent and help navigate your options is necessary to avoid an unnecessary conviction. Reach out to award-winning Ozaukee and Washington county attorneys made up of former state prosecutors who have the skill and experience necessary to put you in the best position possible with your case.
