Possession of Hallucinogenic Drugs

A New York Drug Crimes Defense Lawyer Explains Possession of Hallucinogenic Drugs

Hallucinogenic drugs are psychoactive agents which affect the perception of reality. Hallucinogenic drugs may be naturally occurring, such as magic mushrooms, or can be synthetic. LSD, PCP, Ketamine, Peyote, and Psilocybin are all common examples of hallucinogenic drugs which are on the controlled substances list. If you are in possession of these or other hallucinogens which are on the federal or state schedule of controlled substances, you can face criminal charges.

Bukh Law Firm, PLLC is a New York drug crimes defense law firm which provides legal representation to clients facing state or federal charges for possession of hallucinogenic drugs. We can help you to fight against being convicted or try to reduce penalties if you are accused of violating laws on drug possession. Give us a call today to schedule a consultation and learn more.

State and Federal Laws on Possession of Hallucinogenic Drugs

A defendant who has hallucinogens in his position could be charged with a crime in New York State or could be brought up on federal charges. Defendants in NY will face possession charges unless the prosecutor can specifically prove hallucinogens were sold by the defendant, in which case he will be charged with criminal sale. On the federal level, however, a defendant can be charged with intent to sell solely on the basis of having a sufficient amount of a hallucinogenic drug in his possession. This is a much more serious charge than simple possession.

Penalties under NY and federal law vary depending upon the specific hallucinogen under the defendant’s control as well as the amount of the drug in the defendant’s possession. For example, in New York, you could be charged with a Class A misdemeanor under NY Penal Code section 220.03 if you have less than 5 milligrams of LSD. This crime is criminal possession in the seventh degree and it carries with it a penalty of up to a year incarceration. If you have five to less than 25 mg of LSD, however, you’d face a Class B felony charge for criminal possession in the third degree under NY Penal Code section 220.16. The penalty could include between one and nine years incarceration. For more than 25 mg, the charge would be criminal possession in the second degree under NY Penal Code section 220.18. Penalties for this Class A-II felony could include three to 10 years in prison.

Under federal law, on the other hand, 21 U.S. Code section 844 imposes a penalty of up to a year in jail and a minimum $1,000 fine for a first conviction for simple possession of LSD. However, intent to sell less than 1 gram of LSD could result in up to 20 years of incarceration under 21 U.S. Code section 841. For intent to sell between one gram and 10 grams of LSD under federal law, a defendant would face a minimum sentence of five years and a maximum sentence of 40 years in prison. For intent to sell more than 10 grams, the minimum penalty is 10 years and the maximum is life incarceration.

How a New York City Drug Crime Defense Lawyer Can Help

Whether you are charged on the state or federal level with possession of any hallucinogenic substance, you need to take the charges very seriously because you could be imprisoned for a long time. There are some options available to you depending upon the circumstances, including trying to get an immunity deal or a favorable plea deal or attempting to introduce reasonable doubt to get an acquittal.

Bukh Law Firm, PLLC will help you to fight charges and find the most strategic possible way to try to avoid being convicted or to lessen potential consequences of a conviction. Give us a call as soon as possible to find out more about the assistance we can offer you.