We all know that Texas is extremely tough on drugs, but will the Lone Star State send you to prison for an LSD possession charge? Acid charges in Texas can get pretty complex; with overlapping state and federal statutes as well as a history of aggressive policing based on a shaky understanding of the science. That said, the one thing that you can be sure of is that getting caught with LSD in Texas means you’re facing life-changing consequences.
If you or a loved one has been caught with a vial or a sheet of blotter, only the best lawyer for drug charges will be able to protect you from aggressive state and federal prosecutors looking to put you away for a long time.
Mark Thiessen and the drug attorneys at Thiessen Law Firm win complex drug cases in both state and federal courts. Call Thiessen Law Firm today at (713) 864-9000 and protect your freedom.
How do drug classifications work in Texas?
Determining the severity of a drug charge in Texas depends heavily on both how much of a drug you possess and what schedule (or group) the drug you are charged with possessing falls into.
The Texas Controlled Substances Act breaks down controlled substances into drug classifications, or schedules, to determine how serious an offense for possession is. Drugs with the highest potential for abuse and dependence are scheduled higher than those with less potential for abuse, making their possession a more serious offense.
Texas also gives scheduling consideration to drugs that have safe and accepted medical benefits, and therefore many drugs that are highly addictive and have a high potential for abuse (like many opiates) are given a scheduling break due to their legitimate medical uses.
What is the LSD drug charge in Texas? LSD is considered a Penalty Group I controlled substance in the state of Texas, meaning that the state imposes the most severe penalties that they possibly can for those accused of possession of acid offense.
Keep in mind that while these penalty groups set out a framework for how possession charges work, there are some inconsistencies within them. For example, while the penalties for weed charges in Texas are much less serious than those for cocaine possession in Texas, they are both technically Penalty Group I drugs.
How long do you go to jail for LSD in Texas?
If you’re caught with any amount of LSD in Texas and are charged with possession of acid offense, it is likely that you will do some amount of jail time, this is if you are convicted. The following are the penalties for possession of acid charges in Texas:
|Amount possessed||Charge||Maximum fine||Jail time|
|< 1 gram||State Jail Felony||$10,000||180 days – 2 years|
|1 – 4 grams||Third-Degree Felony||$10,000||2 – 10 years in prison|
|4 – 200 grams||Second-Degree Felony||$10,000||2 – 20 years in prison|
|200 – 400 grams||First-Degree Felony||$100,000||5 – 99 years in prison|
|> 400 grams||Enhanced First Degree Felony||$100,000||10 – 99 years in prison|
So you might not go to prison for less than a gram of LSD, but if you are convicted for any amount of possession, you’re likely going to jail. While inevitable jail time is a bleak notion, it can get even worse.
The larger the amount of LSD you are suspected to possess, the higher your chances of having possession of LSD charge upgraded to an intent to distribute charge. Possession with intent to distribute charges comes with even higher penalties than simple possession charges, and can even land you with a federal drug charge.
Federal sentencing guidelines for LSD
If you are charged with possession of LSD and are not involved in a large criminal conspiracy you will likely be charged at the state level. Although there are a number of ways for acid charges in Texas to become federal drug charges. Generally speaking, drug charges become federal charges when:
- You were arrested for possession of drugs on federal property
- You were arrested by a federal agent
- You were involved with the manufacturing or trafficking of large amounts of drugs
- You crossed state lines to distribute drugs
Federal sentencing guidelines for LSD outline the following punishments for federal LSD charges:
|Amount possessed||Offense||Maximum fine||Prison time|
|1 – 9 grams||First offense||$2 million||5 – 40 years|
|1 – 9 grams||Second offense||$4 million||10 years – life in prison|
|> 10 grams||First offense||$4 million||10 years – life in prison|
|> 10 grams||Second offense||$8 million||20 years – life in prison|
|> 10 grams||Two or more priors||$8 million||Life in prison|
As you can see, federal LSD possession charges carry incredibly heavy penalties. You might think that these kinds of charges are reserved for drug kingpins or large conspiratorial networks, but even being caught with a vial of LSD at a music festival out of state can result in federal drug charges that will irrevocably change your life.
Big trouble in little amounts for acid charges in Texas
Another major complicating factor for LSD possession charges in Texas is the way that state and federal officers actually measure the amount possessed. Let us explain.
People generally don’t take LSD straight-up; you drop it on an Altoid, a sheet of blotter, or a sugar cube. But what do the police do with all of that extra weight? How do they separate the LSD from the piece of candy or the sheet of paper? They don’t.
This means that what should be considered a personal amount of LSD, or a single dose, could be charged as a third-degree felony, carrying a 2 – 10-year prison sentence — not to mention what you could be looking at for a tin full of LSD soaked mints.
Hire a winning drug lawyer to fight your LSD possession charge
The consequences of a conviction for an LSD possession charge in Texas can be unbelievably severe, landing you with a multi-decade prison sentence for just a few hits in extreme situations. You can also be convicted for possession of a controlled substance, drug manufacturing, or drug trafficking under federal law, making it essential that you hire an attorney who knows how to fight in both state and federal courts.
If you or a loved one has been arrested on suspicion of possession of LSD or is facing acid charges in Texas, you need to contact a serious drug crime attorney before it is too late.
Thiessen Law Firm is ready to defend you when the stakes are highest. Do not gamble on who you hire when your life’s on the line; hire a trial lawyer who takes high-stakes drug cases to court and wins, like those at Thiessen Law Firm. Give us a call today at (713) 864-9000 or contact us online and ask us to defend your freedom.
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