Trafficking in LSD
The crime of trafficking in Lysergic Acid Diethylamide (LSD) is found in Florida Statute § 893.135(1)(l), Fla. Stat. Trafficking in LSD involves an allegation that you possessed one gram or more of the substance.
If you actually possessed less than one gram, then the prosecutor can charge the offense as simple possession, sale, purchase, manufacture, or delivery.
The standard jury instructions for trafficking in LSD are found in Chapter 25.13(e). The standard jury instructions for trafficking in LSD were adopted in 2016 [191 So. 3d 291] and amended in 2017.
These instructions are written in a way to explain the crime of trafficking LSD to a jury. Reading the jury instructions are an easy way for anyone to understand the elements of the offense and the definitions of the words included in the statute.
The standard jury instructions explain that certain drugs and chemical substances are “controlled substances.” Florida law provides that Lysergic Acid Diethylamide (LSD) or any mixture containing LSD is a controlled substance.
Elements of Trafficking in LSD
To prove the crime of Trafficking in LSD, the prosecutor with the State Attorney’s Office must prove the following three elements beyond a reasonable doubt:
- The Defendant knowingly possessed, sold, purchased, manufactured, delivered, or brought into Florida a certain substance;
- The substance was Lysergic Acid Diethylamide (LSD) or a mixture containing LSD;
- The Lysergic Acid Diethylamide or the mixture containing LSD weighed 1 gram or more.
Pursuant to § 893.135(2), Fla. Stat., if it is alleged that the defendant intended to sell another type of illicit drug but actually sold LSD, then the instructions on elements 1 and 2 below would be given. The instructions for those elements provide as follows:
- The Defendant intended to sell, purchase, manufacture, deliver, bring into Florida, or possess an enumerated controlled substance in § 893.135(1), Fla. Stat.;
- The defendant actually sold, purchased, manufactured, delivered, or brought into Florida Lysergic Acid Diethylamide (LSD) or a mixture containing LSD.
Affirmative Defenses for LSD Trafficking
In some cases, a defense will involve a lack of knowledge of the illicit nature of the substance possessed. Under Florida Statute § 893.101(2) and (3), Fla. Stat., the lack of knowledge of the illicit nature of a controlled substance is a defense to Trafficking in LSD.
The standard jury instructions provide that you are permitted to infer that the defendant was aware of the illicit nature of the controlled substance if you find that he or she knew of the presence of the substance and exercised control or ownership over the substance.
Under Florida law, the jury might be instructed that it is able to infer that a person who sells a controlled substance knows of its illicit nature.
If the jury is convinced beyond a reasonable doubt that the defendant knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find him or her guilty of Trafficking in LSD.
On the other hand, if the jury has a reasonable doubt on the question of whether the defendant knew of the illicit nature of the controlled substance, then the jury should find the defendant “not guilty” of Trafficking in LSD.
Enhanced Penalties for Trafficking in LSD
In cases in which a person is charged with Trafficking in LSD, enhanced penalties can apply as set out in Florida Statute § 893.135(1)(l)1 based on the weights or amounts specified in the statute, as determined by the date of the offense including:
- the LSD weighed 1 gram or more but less than 5 grams;
- the LSD weighed 5 grams or more but less than 7 grams;
- the LSD weighed 7 grams or more.
Finding an Attorney for Trafficking LSD in Florida
If you were accused of trafficking more than one gram of LSD in Florida, then contact an experienced criminal defense attorney in Tampa, FL, at the Sammis Law Firm.
Our attorneys fight drug trafficking crimes in Tampa, FL, and throughout the Tampa Bay area including Brooksville in Hernando County, in New Port Rickey and Dade City in Pasco County, in Clearwater and St. Petersburg in Pinellas County, or in Winter Haven or Bartow in Polk County, FL.
Contact us to discuss any drug crime case for the possession, possession with intent to sell, manufacturing, delivery, sale, or trafficking of LSD in Tampa, FL, or the surrounding areas throughout Tampa Bay.
Call (813) 250-0500 today.
This article was last updated on Friday, July 24, 2020.