In North Carolina, Lysergic Acid Diethylamide (LSD) is classified as a Schedule I Controlled Substance under N.C. Gen. Stat. § 90-89(3)(m). There are various crimes that an individual can be charged with in NC involving the drug of LSD. The crimes listed below are the most common LSD crimes in North Carolina. Each crime lists the required elements that the State must prove beyond a reasonable doubt and the punishments for conviction of the crime.

Possession of LSD

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(3) if they:

  1. Knowingly
  2. Possess (this element does not require that LSD be found on the person charged so long as the person can be seen to have control over the area where the LSD is found)
  3. LSD

Punishment

The possession of LSD in North Carolina is considered a Class I felony under N.C. Gen. Stat. § 90-95(d)(1).

Manufacturing of LSD

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

  1. Knowingly
  2. Manufacture (producing, preparing, processing, packaging, or labeling)
  3. LSD

Punishment

The manufacturing of LSD in North Carolina is considered a Class I felony under N.C. Gen. Stat. § 90-95(b)(1).

Possession of LSD with Intent to Manufacture, Sell, or Deliver

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

  1. Knowingly
  2. Possess
  3. LSD
  4. With the intent to manufacture, sell, or deliver it

Punishment

Possession of LSD with intent to manufacture, sell, or deliver is considered a Class H felony under N.C. Gen. Stat. § 90-95(b)(1).

Sale or Delivery of LSD

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(b)(1) if they:

  1. Knowingly
  2. Sell or deliver (actual or constructive transfer to another)
  3. LSD
  4. To another

Punishments

The sale of LSD in North Carolina is considered a Class G Felony under N.C. Gen. Stat. § 90-95(b)(1). The delivery of LSD in North Carolina is considered a Class H Felony under N.C. Gen. Stat. § 90-95(b)(1).

Trafficking in LSD

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(h)(3) if they:

  1. Knowingly
    (a) sell, manufacture, deliver, transport, or possess; or
    (b) conspire to sell, manufacture, deliver, transport, or possess;
  2. LSD or any mixture containing LSD
  3. To another person (if the person sells or delivers), and
  4. The quantity of LSD or mixture containing LSD is:
    1. 100 dosage units or more, but less then 500 dosage units, or
    2. 500 dosage units or more, but less then 1,000 dosage units, or
    3. 1,000 dosage units or more

Punishment

The punishment for trafficking in LSD in North Carolina is determined by the quantity of LSD the individual has at the time of arrest.

If an individual sells, manufactures, delivers, transports, or possesses in excess of 100 dosage units but less then 500 dosage units, they are guilty of a Class G felony under N.C. Gen. Stat. § 90-95(h)(4a)(a). A Class G Felony carries a minimum sentence of 35 months and a maximum sentence of 42 months in State prison and at least a $25,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 500 dosage units or more but less then 1,000 dosage units, he or she is are guilty of a Class F felony under N.C. Gen. Stat. § 90-95(h)(4a)(b). A Class F Felony carries a minimum sentence of 70 months and a maximum sentence of 84 months in State prison and at least a $50,000 fine.

If an individual sells, manufactures, delivers, transports, or possesses 1,000 dosage units or more, they are guilty of a Class D felony under N.C. Gen. Stat. § 90-95(h)(4a)(b). A Class D Felony carries a minimum sentence of 175 months and maximum sentence of 219 months in State prison and at least a $200,000 fine.

Possession of Drug Paraphernalia

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-113.22 if they:

  1. Knowingly
  2. Uses or possesses with intent to use
  3. Drug paraphernalia
  4. For any of the following purposes
    1. To plant, propagate, cultivate, grow, or harvest; or
    2. To manufacture, compound, convert, produce, process or prepare; or
    3. To test or analyze; or
    4. To package, repackage, store contain, or conceal; or
    5. To inject, ingest, inhale, or otherwise introduce into the body;
  5. LSD

Punishment

The punishment for possession of drug paraphernalia in North Carolina is a Class I misdemeanor under N.C. Gen. Stat. 90-95(e)(3).

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