Although some people believe that certain drugs can harmlessly be used for self discovery, the government and the state of Arizona see the situation very differently. LSD is a federally illegal psychedelic drug, and possession of LSD is a serious crime.
If you’ve been charged with the possession of LSD, you should not answer any questions without speaking to an attorney. Although you may feel pressured to speak with law enforcement, you aren’t required or even obligated to say a work without your attorney present. Understanding the charges you’re facing and speaking with an experienced, competent attorney like Elias Diamanakos is vital for achieving the best possible outcome in your case.
The state of Arizona has three drug classifications: narcotics, dangerous drugs, and marijuana. The marijuana classification has become far less relevant since the legalization of recreational cannabis. The narcotics classification and dangerous drugs classification and their related crimes are still aggressively pursued and prosecuted.
The narcotic drugs classification includes many prescription pain medications, opium, and heroin. The “dangerous drugs” category is designated for prescription drugs that are not narcotics, amphetamines, psychedelics, and designer drugs.
- Amphetamines and prescription stimulant drugs without a prescription
- Psilocybin (psychedelic mushrooms)
- Benzodiazepine drugs without a prescription (like Xanax)
- MDMA / ecstasy
Possession of a dangerous drug is a class 4 felony, and the punishment for possession of the drug depends on the threshold amount and the previous criminal history of the individual being charged.
Ordinarily, if convicted, individuals face up to 3.75 years in prison or 4 years of probation. Without adequate legal representation, this is the sentence that can be expected. If the individual being convicted has prior convictions or additional convictions that exceed a class 4 felony in severity, they won’t be eligible for alternative sentencing.
If an individual is charged with possession below the legally specified threshold amounts and is facing their first offense, they may have the option of participating in a diversion program.
The TASC program is very difficult to get into, but an experienced attorney can make the argument that the individual being charged would benefit more from productive therapeutic and educational intervention than punishment through the legal system.
The TASC program costs up to $2,500 for participation and can last for a maximum of two years. Participants of the TASC program are required to attend one monthly check-on with the official program office and at least six months of once-weekly group therapy.
In addition to these meetings participants are required to attend two outpatient therapies a week. “Anonymous” meetings, like Narcotics Anonymous, typically satisfy this requirement. Participant of the TASC program also need to complete a one hour state sponsored drug course and submit to urine testing on a regular basis.
The TASC program is not an easy undertaking. Even the simplest of missteps or small failures in compliance can send the case back through the traditional court system. TASC is only a valuable option for people who are entirely confident in their ability to comply.
Each dangerous drug has a specific threshold at which the charges change. With LSD, any amount exceeding 0.5 milliliters in liquid form of 50 single dose blotter sheets will increase the charges. In the eyes of the law, amounts exceeding these demonstrate intent to sell.
It would be extremely unusual for someone merely consuming LSD recreationally to have more than 50 individual doses at any one given time, making this an exceptionally uncommon situation.
In the event that TASC deferral is either impossible or not a good fit for the needs of the individual, other defenses can be raised against felony possession of a dangerous drug.
Officers require a warrant or legitimate probable cause to search and discover drugs. LSD does not produce a smell or smoke. If it isn’t in plain sight, it’s difficult for an officer to justify searching and seizing LSD from an individual. If the search and seizure were illegitimate, this would pose serious problems for the prosecution.
Lack of Knowledge defenses aim to demonstrate that someone was unaware that drugs like LSD existed on their property or in their vehicle. Friends, guests, family members, or even ridesharing patrons could have forgotten their drugs, leaving the owner of a home or vehicle unaware of the presence of drugs.
A competent attorney will review your case for potential Miranda Rights Violations. If an officer has forced or coerced someone into making an incriminating statement, this might be a violation. It’s also a blatant violation if a suspect is denied access to their attorney after they’ve declined to speak with an attorney. Everyone has the right to speak with an attorney before answering questions for law enforcement, and a violation of this right has serious consequences for the case against a suspect.
A felony, even of the lowest level, has the potential to negatively impact the rest of your life. You shouldn’t take your chances with the potential outcome of your case. Public defenders mean well, but they’re very overworked. You need an attorney who can devote an adequate amount of time and attention to your case. Every case requires a tailored approach.
Elias Damianakos has years of experience as a former prosecutor. He understands the way the state pursues charges for LSD possession cases, and his unique history gives him the insight necessary to prepare the best possible defense for every scenario.
Before you answer any questions from law enforcement, call Elias Damianakos for a free consultation. The sooner you call, the sooner we can begin working to prepare an aggressive defense for you.