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How are LSD and Mushrooms Classified under Georgia Law?
LSD, lysergic acid diethylamide, is a synthetic drug made by chemists in labs. It is a Schedule I (1) controlled substance under Georgia law. LSD is commonly found in three forms; crystal, liquid, and dissolved onto items like blotter paper, sugar cubes, or breath mints, gelatin squares, or pills. It is known for its hallucinogenic qualities and has no currently accepted medical uses by the governments of the State of Georgia and the United States.
Psilocybin, the active psychoactive ingredient in mushrooms or magic mushrooms is a naturally occurring fungus that is found throughout the North American and South American continents. Psilocybin is ingested orally from fresh or dried mushrooms. Mushrooms are currently a schedule I (1) controlled substance under Georgia and United States laws.
The Punishment for Possession of LSD or Mushrooms in Georgia
It is first important to remember that an arrest is not the same as a conviction. Just because your are arrested, does not mean you are going to be convicted and punished. Having an experienced Georgia Possession of LSD attorney or Georgia Possession of Mushrooms attorney is going to be your best defense in protecting your freedom.
Because LSD and Mushrooms are Schedule 1 Controlled Substances, any conviction would be a felony on your record. The punishment for a conviction depends on the weight of the LSD or mushrooms you possessed. Less than 1 gram has a sentencing range from 1 to 3 years. More than 1 gram to less than 4 grams has a sentencing range of 1 to 8 years. 4 grams to less than 28 grams has a sentencing range of 1 to 15 years. If you are found to be possessing 28 grams or more of LSD or mushrooms the charge will change from possession to possession with intent to distribute with a sentencing range of 5 to 30 years for a first offense.
You can also be charged with possession with intent to distribute LSD or Mushrooms in Georgia if you have less than 28 grams on your possession and the State has additional evidence that leads them to believe that you intended to sell or distribute the drugs in your possession. A conviction for Possession with intent to Distribute LSD or Mushrooms in Georgia carries a sentencing range from 5 to 30 years on a first offense.
Defenses to Possession of LSD and Mushrooms in Georgia
I Did Not Have Possession of the Drugs
In order to be convicted of possession of LSD or possession of mushrooms in Georgia, the prosecutors for the State of Georgia must prove beyond a reasonable doubt you have possession of the substance. Georgia law recognizes two types of possession in these circumstances: actual possession and constructive possession. Actual possession means you have direct physical control of the drug at any given time. It is either on your person or in arms reach where you can exercise control of the drug at any given time. Constructive possession means the drugs are not on your person or within arms length but you have knowledge of the drugs and the ability to exercise dominion or control over them. Constructive possession is a legal creation, and has many possible defenses that an experienced Atlanta LSD possession attorney or an Atlanta mushrooms possession attorney will help you identify.
The Drugs Were Found as the Result of an Unlawful Search and/or Seizure
Any illegal substance that is found as the result of an unlawful search or seizure must be suppressed as evidence under the Constitution and Laws of the State of Georgia and the United States Constitution. If the drugs were found on your person, in your car, or in your home, the police must have probable cause to search you, your car, or your home. The 4th amendment of the United States Constitution protects the people in this country from those unlawful searches and seizures and any contraband obtained through an unlawful search or seizure will be deemed to be fruit of the poisonous tree and suppressed as evidence.
They’ve Got the Wrong Person
In order to be convicted of a crime, the State of Georgia must prove beyond a reasonable doubt that it was you that possessed the drugs. Identification is a necessary part of every trial and is established through witness testimony. Both the State’s witnesses and your witnesses can assist in establishing whether you were the person who possessed the drugs that are the subject of your case.
Other Issues when Facing Charges of Georgia LSD Possession
Since LSD is a synthesized chemical compound, meaning it was made in a lab, it is important to know that what you believe is LSD may have other controlled substances mixed with it. Those substances can include, but are not limited to methamphetamine, Adderall, fentanyl, Xanax, cocaine, and other synthetic opioids. Because other substances may be found when the suspected Molly is tested, you may be given additional charges for possession of additional controlled substances that may have more severe sentences and penalties.
It is important to be aware that just because you intended to possess LSD, you can be charged with possession of other controlled substances.
Pre-Trial Diversion, Conditional Discharge, and First Offender Options for LSD and Mushroom Charges
Georgia law offers a few options for those charged with drug offenses to resolve their case by getting the charges dismissed without risk of trial. These options are not available in all situations, but are available in most jurisdictions in the State of Georgia depending on your criminal history and specific charge.
Pre-Trial Diversion is often an option for misdemeanor marijuana offenses and simple possession charges if you have never been arrested before. This does not necessarily mean no charges on your criminal history, but usually means the first time you have ever been arrested, even if that arrest has been expunged or restricted. Diversion often involves classes, community service, clean screens, and a program fee. Depending on the specific charge, there could be additional requirements. Someone accused of committing a drug offense in Georgia has no right to diversion under Georgia law. Diversion programs are usually managed by the prosecuting office, and once the terms of the program are successfully completed, the prosecuting office will dismiss your charges in court.
Conditional Discharge is an option available to all eligible citizens under Georgia law. The conditional discharge statute, O.C.G.A. 16-13-2 is available to anyone accused of committing a drug possession offense in Georgia who has never been previously convicted of any drug charge in any state or by the United States. Conditional discharge requires a defendant to enter a plea, and upon successful completion of their sentence their case will be dismissed and their arrest record will be restricted under Georgia law. Conditional discharge is not eligible for possession with intent to distribute or trafficking charges. And it may not be an option if you have used a similar program in another state.
The last option you have to resolve your drug charge is through a first offender plea. The Georgia First Offender statute, O.C.G.A. 42-8-60 is eligible to possession, possession with intent, and trafficking charges under Georgia law. It is eligible to any person who has never been convicted of a felony at the time of their plea. If first offender treatment is granted, the court will sentence the defendant, withhold entering the sentence, and after successful completion of the sentence, the defendant’s conviction will be dismissed and their record will be restricted. However, if the defendant does not complete their sentence, the Judge has the ability to revoke the defendant’s first offender sentence and re-sentence them to the maximum punishment provided under the law. First offender has great benefit, but also involves substantial risk if the person does not successfully complete their sentence.
If you or a loved one has been charged with possession of LSD or possession of mushrooms in Georgia it is important to understand your rights and speak with an experienced Georgia LSD or mushrooms defense lawyer. If you would like to discuss Georgia laws on Possession of LSD, mushrooms, or any other drugs, call, text, or e-mail today for a free consultation and we will go over all your rights and defenses under Georgia law.