Possession of LSD in Colorado

Possession of LSD, also known as lysergic acid diethylamide or “acid,” is illegal under Colorado law unless a specific legal exception applies. Colorado classifies LSD as a Schedule I controlled substance, placing it in the same statutory schedule as a number of other hallucinogenic drugs.

Although Colorado reduced many simple drug-possession offenses from felonies to misdemeanors in 2020, possession of LSD can still result in serious criminal penalties. The classification depends primarily on the total weight of the material, compound, mixture, or preparation containing LSD and the person’s prior possession history. Possessing not more than four grams is generally a level 1 drug misdemeanor, while possessing more than four grams is a level 4 drug felony.

If you or someone you know has been charged with possession of LSD, an experienced Colorado drug defense attorney can investigate whether police lawfully discovered the substance, whether the prosecution can prove knowing possession, and whether laboratory testing establishes that the substance actually contained LSD.

Denver LSD Possession Attorney

A possession charge can create consequences beyond jail or probation. A conviction may affect employment, professional licensing, education, immigration status, housing, and future criminal cases. Felony-level possession can create even more serious collateral consequences.

Attorney Matthew Martin can examine the traffic stop, search warrant, consent search, laboratory testing, ownership of the property where the LSD was found, and any statements made to law enforcement. He can also determine whether diversion, deferred judgment, treatment-based sentencing, or another alternative disposition may be available.

Call Denvers Defense Attorney at 303.725.0017 to schedule a free initial consultation. Denvers Defense Attorney represents clients throughout Denver and surrounding areas, including Douglas County, Jefferson County, Adams County, Arapahoe County, Boulder County, and Broomfield County.

Overview of Possession of LSD in Denver, Colorado

• What Is LSD Under Colorado Law?
• What Is Considered Possession of LSD?
• Penalties for Possession of LSD in Colorado
• When Does LSD Possession Become a Felony?
• Possession of LSD vs. Possession With Intent to Distribute
• What if LSD Is Shared With Another Person?
• Common Defenses to Possession of LSD
• Can Police Search a Vehicle for LSD?
• Drug Treatment, Diversion, and Alternative Sentencing
• Good Samaritan Immunity for Drug Overdoses
• Can an LSD Possession Conviction Be Sealed?
• Additional Resources

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What Is LSD Under Colorado Law?

LSD stands for lysergic acid diethylamide, a hallucinogenic substance commonly distributed on blotter paper, tablets, gelatin squares, liquid drops, or other materials.

Colorado specifically lists lysergic acid diethylamide as a Schedule I controlled substance under C.R.S. § 18-18-203.

Colorado’s controlled-substance laws distinguish LSD from certain substances that have received special treatment under the state’s natural-medicine laws. The legalization and regulation of certain natural medicines in Colorado does not make LSD lawful to possess.

A person does not need to be caught actively using LSD to face a possession charge. The prosecution generally must show that the person knowingly possessed a substance containing LSD.

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What Is Considered Possession of LSD?

Under C.R.S. § 18-18-403.5, it is generally unlawful to knowingly possess a controlled substance unless the possession is specifically authorized by law.

Possession can take more than one form.

Actual Possession – The LSD is allegedly found directly on the person, such as in a pocket, wallet, purse, backpack, or hand.

Constructive Possession – The LSD is allegedly located somewhere the person exercised dominion or control over, such as a bedroom, vehicle, desk, bag, or other area.

Constructive possession cases can be disputed when multiple people had access to the location. Simply being near drugs does not necessarily establish that a person knowingly possessed them.

For example, LSD found in the center console of a vehicle containing several passengers may raise questions concerning who knew it was there and who actually exercised control over it.

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Penalties for Possession of LSD in Colorado

Because LSD is a Schedule I controlled substance, the classification of simple possession generally depends on the total weight of the material containing it.

Possession of Not More Than Four Grams

Possessing not more than four grams of a material, compound, mixture, or preparation containing LSD is generally a level 1 drug misdemeanor.

For a level 1 drug misdemeanor possession offense, the court may generally impose:

• Up to 180 days in county jail;
• Up to two years of probation;
• Up to 180 days in jail as a condition or sanction of probation; and
• A fine of up to $1,000.

For a third or subsequent qualifying possession offense, the court may impose up to 364 days in jail. Colorado’s current drug-possession sentencing scheme emphasizes probation and treatment in many lower-level possession cases rather than lengthy incarceration.

Possession of More Than Four Grams

Possessing more than four grams of a material, compound, mixture, or preparation containing LSD is generally a level 4 drug felony.

The ordinary presumptive sentencing range for a level 4 drug felony is:

• Six months to one year in prison;
• Up to one year of mandatory parole; and
• A possible fine of $1,000 to $100,000.

If aggravating circumstances apply, the prison range may increase to one to two years. Colorado law also requires courts to consider reasonable sentencing alternatives before sending many level 4 drug felony defendants to the Department of Corrections.

When Does LSD Possession Become a Felony?

Simple LSD possession can become a felony in two important situations.

More Than Four Grams – Possessing more than four grams of material containing LSD is a level 4 drug felony. The statute looks to the weight of the material, compound, mixture, or preparation containing the controlled substance rather than only the microscopic quantity of pure LSD within it.

Fourth or Subsequent Possession Offense – Even possession of four grams or less becomes a level 4 drug felony when it is the person’s fourth or subsequent offense under the applicable controlled-substance possession provision.

Because LSD is frequently carried on blotter paper or incorporated into another material, determining how the substance was weighed and what material was included in the laboratory measurement can be an important issue in cases near the four-gram threshold.

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Possession of LSD vs. Possession With Intent to Distribute

Simple possession and possession with intent to distribute are separate offenses.

Prosecutors may pursue possession with intent to distribute when they believe the person possessed LSD for sale, transfer, or distribution rather than only for personal use. Colorado law prohibits knowingly manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute a controlled substance.

Evidence prosecutors may use to argue intent to distribute includes:

• A large quantity of LSD;
• Individually packaged doses;
• Scales or packaging materials;
• Large amounts of cash;
• Messages discussing sales or transfers;
• Customer lists;
• Multiple transactions;
• Statements made to police; or
• Evidence that LSD had recently been sold or given to another person.

Colorado defines a “sale” broadly enough to include a barter, exchange, gift, or offer. Money does not necessarily have to change hands for distribution-related charges to apply.

For Schedule I substances such as LSD, distribution penalties can become substantially more severe than simple-possession penalties. Distribution involving not more than 14 grams of a Schedule I or II substance is generally a level 3 drug felony, while larger quantities can result in level 2 or level 1 drug felony charges.

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What if LSD Is Shared With Another Person?

Giving LSD to another person can create criminal exposure even when no money is exchanged. Colorado’s definition of sale includes gifts, exchanges, and barters, and its distribution statute separately prohibits dispensing or distributing controlled substances.

This means conduct that might casually be described as “sharing” LSD can potentially be prosecuted as distribution rather than simple possession.

The penalties can become even more severe when an adult distributes a Schedule I or II controlled substance to a minor. Colorado classifies such conduct more seriously when the adult is at least two years older than the minor.

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Common Defenses to Possession of LSD

The appropriate defense depends on how the LSD was discovered and what evidence connects the defendant to it.

Lack of Knowledge – The prosecution must generally establish knowing possession. A person may have had no knowledge that LSD was inside a borrowed bag, shared vehicle, apartment, package, or other container.

Lack of Possession or Control – Mere proximity to drugs does not necessarily establish possession. This can be particularly important when several people had access to the place where the substance was found.

Illegal Search or Seizure – Police generally need a warrant, valid consent, or another recognized exception before conducting a search. Evidence obtained in violation of the Fourth Amendment may be subject to suppression.

Unlawful Traffic Stop – When LSD is discovered after a vehicle stop, the defense may challenge whether police had reasonable suspicion or probable cause for the original stop or for extending the detention.

Invalid Consent to Search – Police sometimes rely on consent rather than a warrant. The defense may dispute whether consent was voluntarily given or whether officers exceeded the scope of the permission they received.

Laboratory Testing Problems – Prosecutors generally rely on chemical analysis to prove that seized material contained LSD. Chain-of-custody problems, contamination, improper testing procedures, or laboratory errors may undermine that evidence.

Disputed Weight – When the amount is close to four grams, the method used to weigh the material can determine whether the allegation is a misdemeanor or felony.

Mistaken Ownership – LSD discovered in a shared home, vehicle, hotel room, or other common space may belong to another person.

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Can Police Search a Vehicle for LSD?

Police do not automatically have authority to search an entire vehicle merely because they conduct a traffic stop.

A vehicle search may be lawful when:

• The driver or another authorized person voluntarily consents;
• Officers obtain a search warrant;
• Police have probable cause to believe the vehicle contains contraband or evidence;
• The search is a lawful search incident to arrest within constitutional limits; or
• Another recognized warrant exception applies.

Whether probable cause existed and whether the search exceeded its lawful scope can be important issues in an LSD possession case.

If the court determines that police violated the defendant’s constitutional rights, evidence obtained through the unlawful search may be suppressed. Suppression of the alleged LSD can sometimes make prosecution impossible.

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Drug Treatment, Diversion, and Alternative Sentencing

Colorado’s modern drug-possession laws generally place greater emphasis on treatment and community-based sentencing for simple possession than older laws did. The legislature expressly stated that most drug possession should be addressed primarily as a health concern and that incarceration should be limited where appropriate.

Depending on the defendant’s criminal history and the circumstances, possible outcomes may include:

• Probation;
• Substance-use treatment;
• Diversion;
• Deferred judgment;
• Community corrections;
• Drug court;
• Reduced charges; or
• Dismissal after successful completion of an approved program.

Eligibility varies by judicial district and by the person’s prior criminal history. Distribution allegations are generally treated more severely than simple possession.

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Good Samaritan Immunity for Drug Overdoses

Colorado provides limited criminal immunity for certain people who seek emergency medical assistance during a drug or alcohol overdose.

The immunity can apply to simple possession of a controlled substance when the person:

• Reports the overdose in good faith;
• Remains at the scene;
• Identifies themselves; and
• Cooperates with emergency responders or law enforcement.

The person experiencing the overdose may also receive the same protection when the statutory requirements are satisfied. Colorado expressly includes unlawful possession under C.R.S. § 18-18-403.5 among offenses covered by this overdose immunity.

The law does not provide blanket immunity for unrelated crimes or large-scale drug distribution.

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Can an LSD Possession Conviction Be Sealed?

Many Colorado drug-possession convictions can eventually be sealed if the person satisfies the statutory requirements.

An eligible level 1 drug misdemeanor generally may be sealed after the required waiting period following the later of final disposition or release from supervision.

Eligible level 4 drug felony convictions can also potentially qualify for record sealing after the applicable waiting period. However, eligibility depends on the precise conviction, subsequent criminal history, completion of the sentence, payment of restitution, and other statutory requirements.

A charge that is dismissed or results in an acquittal may generally qualify for non-conviction sealing much sooner than a conviction.

Because distribution, special-offender, and other serious drug convictions can have different sealing restrictions, the final conviction statute should always be reviewed rather than relying simply on the term “LSD charge.”

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Additional Resources

Colorado Controlled Substances Act | Colorado Revised Statutes – Review Colorado’s laws governing controlled-substance schedules, possession, distribution, manufacturing, sentencing, and related drug offenses. LSD is expressly listed as a Schedule I hallucinogenic substance.

Unlawful Possession of a Controlled Substance | C.R.S. § 18-18-403.5 – Review Colorado’s current possession law, including the four-gram threshold for Schedule I and II controlled substances and the enhanced classification for repeat possession offenses.

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Denver Lawyer for LSD Possession Charges

Possession of LSD may be a misdemeanor or felony depending on the amount involved and the defendant’s criminal history. An accusation can become significantly more serious if prosecutors allege that the LSD was intended for sale or distribution.

Attorney Matthew Martin can investigate whether police conducted a lawful stop and search, whether the prosecution can establish knowing possession, whether laboratory testing and weight measurements are reliable, and whether the evidence actually supports a distribution allegation rather than simple possession.

Call Denvers Defense Attorney at 303.725.0017 to schedule a free initial consultation. Denvers Defense Attorney represents clients in Denver and throughout Douglas County, Jefferson County, Adams County, Arapahoe County, Boulder County, and Broomfield County.