With the reduced stigma of mental health disorders in the U.S. many people consider experimenting with LSD a harmless way to address their emotional well-being or to enjoy a simple recreational activity; however, Arizona classifies LSD as a serious drug. Arizona Law Enforcement criminalizes the use of LSD and other psychedelic drugs as a felony. If you were charged with a drug crime for LSD possession in Arizona, you’re facing very serious consequences upon conviction, including over three years in prison, substantial fines, and four years of probation if convicted on a Class 4 felony.
Arizona Law Considers LSD and Other Psychedelic Drugs as Dangerous
Many users feel that psychedelic experimentation is recreational or a form of self-discovery, but Arizona classifies it as a dangerous drug—one of three drug classifications along with marijuana and narcotics. Arizona’s criminal justice system aggressively pursues narcotic and dangerous drug charges under Revised Statute section 13.3407(A)(3). The state’s laws criminalize various activities that involve the use of psychedelic drugs like LSD including the following:
- Possession of LSD, including actual or constructive possession (having control of a substance even if it isn’t in their immediate possession)
- Possession with intent to sell
- Sale
- Manufacturing
- Transportation
- Administration
Depending on the nature of the activity and whether or not the amount of LSD in your possession exceeds the state’s threshold of 1/2 milliliter or 50 dosage units, the state could charge you with possession for sale with far worse consequences than simple possession.
What Are the Penalties for Possession of LSD in Arizona?
Being convicted of a crime comes with lifelong implications for the ability to gain employment, rent a desired apartment, and general social stigma. For first-time offenders, a strong defense may result in alternative sentencing through a diversion program that teaches prevention. For those with prior convictions, diversion programs are no longer an option, and a conviction comes with mandatory sentences of 2-15 years depending on the nature of the conviction and past criminal history.
What Are the Defenses for Charges of Possession of LSD in Arizona?
If alternative sentencing to a diversion program isn’t possible in your case, it’s important to understand the potential defenses available to you depending on the circumstances of the arrest. These defenses include the following:
- Unjustified search and seizure occurred: law enforcement must have probable cause or a warrant to search for drugs or it’s a violation of your Fourth Amendment rights. Because LSD doesn’t produce smoke or an odor, the police cannot always justify their search and seizure
- Lack of evidence of possession: the prosecution must be able to prove beyond a reasonable doubt that you were in possession of LSD
- Lack of constructive possession: demonstrating that you did not have the ability or intention to control the drugs found
- Challenging the case based on ownership and knowledge: the defense must prove beyond reasonable doubt that the drugs were yours and you knew they were there
- Challenging the accuracy of the crime lab’s analysis and results, particularly in cases where the defense can show a chain of custody violation
- Police misconduct or entrapment occurred: showing that the police violated protocol or procedure during their investigation or arrest or used an entrapment strategy for the arrest is a viable defense
- Showing a medical necessity or prescription: for LSD, this would only be viable if you were part of a controlled clinical study
- Involuntary possession or consumption: showing that you were not aware that you were in possession of LSD or that you didn’t know what it was that you possessed or consumed
The best defense against LSD possession charges in Arizona is a robust strategy beginning at the moment of the arrest.
How Can an Arizona Criminal Defense Lawyer Help?
A felony conviction for LSD possession could cast a shadow over your entire future. Drug charges are not petty crimes. If you are under investigation or have been charged with possession of LSD in Arizona, you need an immediate strong defense. Call the Phoenix drug crime defense lawyers at Stewart Law Group today so we can vigorously defend your rights.