In South Carolina, drug charges related to LSD can lead to serious penalties. How serious depends on the charge, the quantity involved, whether the State alleges an intent to sell, and whether the person has prior drug convictions.
A conviction can lead to prison time, fines, or both, and it can create long-term problems with employment and housing. This page is general information, not legal advice, and a licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on it.
If you have been charged with an offense involving LSD, get in touch with a Columbia drug defense attorney at Touma Law Group to talk about your rights. Call our firm at (864) 618-2323 to schedule a free consultation.
What Is LSD?
LSD, or lysergic acid diethylamide, is a powerful hallucinogenic drug that affects the brain and causes intense sensory experiences. The drug produces changes in visual perception, mood and emotions, and feelings of detachment from reality. You can read more in the DEA’s LSD fact sheet.
How South Carolina Classifies LSD
LSD is listed in Schedule I of the South Carolina controlled substances schedules (S.C. Code Ann. § 44-53-190(D)). Schedule I substances are those the State finds have a high potential for abuse, no accepted medical use in treatment in the United States, and a lack of accepted safety under medical supervision (S.C. Code Ann. § 44-53-180). The same statute that sets penalties for heroin sets them for LSD, so LSD charges are punished at the higher level the law reserves for certain narcotic drugs and LSD.
Common Types of Charges for LSD
The main LSD charges are simple possession, possession with intent to distribute and other distribution offenses, and trafficking. The penalty depends on the charge and on prior convictions.
Simple Possession
It is unlawful to knowingly or intentionally possess a controlled substance unless it was obtained directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice (S.C. Code Ann. § 44-53-370(c)). For LSD, the penalties are set by S.C. Code Ann. § 44-53-370(d)(1):
- First offense: a misdemeanor punishable by up to 2 years in prison, a fine of up to $5,000, or both.
- Second offense: a felony punishable by up to 5 years in prison, a fine of up to $5,000, or both.
- Third or subsequent offense: a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both.
The statute allows a court to suspend the sentence and grant probation for these offenses. The statute also treats possession of more than fifty micrograms of LSD or its compounds as prima facie evidence of a violation of the distribution provision (S.C. Code Ann. § 44-53-370(d)(5)). The quantity of LSD alleged can therefore turn a possession case into a distribution case, and a lawyer can review how the State measured it.
Constructive Possession
A person does not have to be holding a drug to be charged with possessing it. South Carolina courts treat possession as either actual or constructive. A person has constructive possession when the State proves the person had the right and power to control the drug, and that the person knew it was there and intended to control it (State v. Stewart, Opinion No. 28029 (S.C. 2021)). Mere presence is not enough (State v. Muhammed, S.C. Court of Appeals Opinion No. 3076).
Constructive possession is a way the State proves possession, not a separate offense with its own penalty. A charge based on constructive possession of LSD carries the same penalty range as any other possession or distribution charge. The trafficking statute also expressly covers a person who is “knowingly in actual or constructive possession” of the listed quantities (S.C. Code Ann. § 44-53-370(e)).
Possession With Intent to Distribute and Distribution
It is unlawful to manufacture, distribute, dispense, deliver, or purchase LSD, or to possess it with the intent to do so (S.C. Code Ann. § 44-53-370(a)(1)). Under S.C. Code Ann. § 44-53-370(b)(1), a violation involving LSD is a felony:
- First offense: up to 15 years in prison, a fine of up to $25,000, or both.
- Second offense: 5 to 30 years in prison, a fine of up to $50,000, or both.
- Third or subsequent offense: 10 to 30 years in prison, a fine of up to $50,000, or both.
Whether a case is a first, second, or third offense depends on the person’s record. For more on how these charges work, see our page on possession with intent to distribute.
Two related statutes can add to the exposure. A person 18 or older who distributes LSD to someone under 18 faces a felony punishable by up to 20 years in prison and a fine of up to $30,000, with no suspended sentence or probation (S.C. Code Ann. § 44-53-440). Distributing, selling, or possessing with intent to distribute within a one-half mile radius of a school, public playground or park, or college is a separate felony punishable by a fine of up to $10,000, up to 10 years in prison, or both (S.C. Code Ann. § 44-53-445).
Trafficking
LSD trafficking is based on the number of dosage units. Under S.C. Code Ann. § 44-53-370(e)(5), a person who knowingly sells, manufactures, delivers, purchases, or brings into South Carolina, or who is knowingly in actual or constructive possession of, 100 or more dosage units of LSD (or the equivalent quantity) is guilty of a felony known as “trafficking in LSD.” The penalties for each tier are:
- 100 or more, but fewer than 500 dosage units: for a first offense, 3 to 10 years in prison and a $20,000 fine. For a second offense, 5 to 30 years and a $40,000 fine. For a third or subsequent offense, a mandatory minimum of 25 years, up to 30, and a $50,000 fine.
- 500 or more, but fewer than 1,000 dosage units: for a first offense, 7 to 25 years in prison and a $50,000 fine. For a second offense, 7 to 30 years and a $50,000 fine. For a third or subsequent offense, a mandatory minimum of 25 years, up to 30, and a $50,000 fine.
- 1,000 or more dosage units: a mandatory 25 years in prison and a $100,000 fine.
For these tiers the statute says no part of the sentence may be suspended and probation may not be granted. Our drug trafficking attorneys can review a trafficking charge with you.
Penalties for LSD Charges at a Glance
- Simple possession: a misdemeanor on a first offense (up to 2 years and $5,000), a felony on a second or later offense (S.C. Code Ann. § 44-53-370(d)(1)).
- Distribution or possession with intent to distribute: a felony, up to 15 years and $25,000 on a first offense (S.C. Code Ann. § 44-53-370(b)(1)).
- Trafficking (100 or more dosage units): a felony with mandatory prison terms (S.C. Code Ann. § 44-53-370(e)(5)).
First Offenses for Simple Possession
A first charge of simple possession of LSD is a misdemeanor. Because the court may suspend the sentence and grant probation, a person charged with a first offense should ask a lawyer what options may be available in their case. Being charged with simple possession in Columbia does not mean the case will end in a conviction, and the State must prove each element.
Subsequent Offenses
A second or later possession offense is a felony, and a second or later distribution offense carries a higher minimum prison term. Prior convictions change the range, so it matters whether the earlier offenses were for possession or for distribution.
Contact Touma Law Group About an LSD Charge
If you are charged with an LSD offense in South Carolina, you need a lawyer. Touma Law Group can review the facts of your case and explain the charges and your options. No lawyer can promise a particular outcome.
Our Columbia criminal defense lawyers can talk with you about the charge you are facing. Contact us now at (864) 618-2323 to schedule a consultation for your case.
