Last Updated on April 18, 2025
LSD, a.k.a. lysergic acid diethylamide, or acid, is one of the most popular and famous hallucinogenic drugs in America. It’s also illegal at both national and state levels and possession of the substance can leave you facing serious penalties, particularly if you are accused of selling the drug. If you are facing LSD charges in Vista, California, please speak with a drug defense attorney as soon as possible.
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LSD Possession Vs. Sales
California law does not set specific limits to distinguish how much of a substance someone must possess to be charged with selling drugs. In other words, when distinguishing between misdemeanor possession for personal use and felony possession for sale, the law is not concerned with how many tabs of acid a person has.
Like drug crimes involving opioids or cocaine, it is ultimately up to the prosecutor to determine if the amount you possessed was for your own use. They will typically base the charges not just on the quantity of the drug in question but also on whether the person caught with the substance also had large amounts of cash, scales, small baggies, droppers, or blotter sheets. In many cases, a defense attorney can convince the prosecutor to file charges for possessing the drug rather than selling it.
However, because LSD is very strong, non-addictive, and cannot be used daily, the amount considered to be too much for personal use is often lower than the quantity required to meet this standard for most other drugs. The fact that most acid users only need a small amount of the drug is why possession for sale is one of the most common LSD crimes in California.
What is the Penalty for Acid Possession Charges in California?
Possessing LSD for personal use is a misdemeanor in California, punishable by up to one year in jail and $10,000 in fines. You could face felony charges and increased penalties if you have previously been convicted of a sex crime requiring registration on the sex offender list or a violent crime. If you’re facing felony charges due to these prior convictions, you could face up to three years in prison.
If you are facing misdemeanor allegations for LSD possession in California, your lawyer may be able to help you enter a diversion program to help you keep the offense off of your record.
How Long Can You go to Jail for Selling Acid?
If the prosecution determines you possessed more than a personal quantity of the drug, you could face felony drug sales charges. In this case, you could be sentenced to up to three years in prison and face up to $20,000 in fines.
What are the Penalties for Manufacturing LSD?
Lysergic acid diethylamide is a fully synthetic drug that can be produced using ergot from rye fungus or morning glory seeds. Those who produce acid in underground laboratories can face drug manufacturing charges, which are always a felony in California, punishable by up to seven years in state prison.
Will Acid Be Legal in the Future?
It’s difficult to say for sure, but there have been some dramatic pushes to legalize psychedelics, particularly in the West Coast states of California, Washington, and Oregon. In 2023, the California legislature approved a bill to decriminalize the use of psychedelics, including LSD, psychedelic mushrooms, DMT, mescaline, MDMA, mescaline, ibogane, and ketamine. Under SB 519, possessing, cultivating, or using these substances would no longer be a crime. However, they still would not be legal to sell like marijuana. Gavin Newsom vetoed the bill, stating that there was not sufficient infrastructure in place to support the decriminalization of psychedelics. However, he indicated he would be open to signing a similar law once that infrastructure was established.
Even if LSD becomes legal under California law though, it will, like marijuana, continue to be illegal on a federal level. Currently, acid, cannabis, cocaine, heroin, mescaline, MDMA, and ketamine are among the many drugs listed as Schedule 1 drugs by the DEA, meaning they have a high potential for abuse or addiction and no accepted medical uses. Even when a drug is legalized on the state level, it is still possible for those caught in possession of the substance to face charges under federal law.
If you have been accused of any drug crime, including those related to using or possessing lysergic acid diethylamide, please contact criminal defense attorney Peter M. Liss as soon as possible. You can schedule a free initial consultation by calling (760) 643-4050.
