In Colorado, it is illegal to use, sell, manufacture, transport or have possession of LSD. The penalties for LSD possession depend on the amount of the drug and whether it was intended for personal use or sale.
Drug possession is generally a misdemeanor offense; however, possession with intent to distribute is a felony. Unlawful sale or distribution is always a felony.
This chart illustrates the penalties for sales-related convictions:
| Amount of LSD sold |
Not more than 14 grams | More than 14 grams, but not more than 225 grams | More than 225 grams |
| Drug Felony Level | Level 3 Drug Felony | Level 2 Drug Felony | Level 1 Drug Felony |
| Prison Time | 2 to 4 Years | 4 to 8 Years | 8 to 32 Years |
| Fines | $2,000 to $500,000 | $3,000 to $750,000 | $5,000 to $1 million |
In this article, our Denver Colorado criminal defense lawyers will address:
- 1. What is LSD?
- 2. Are there any legal uses for LSD?
- 3. What are the penalties?
- 4. What are the penalties for unlawful possession?
- 5. What are the penalties for the unlawful sale or distribution?
- 6. Can I avoid jail time?
- 7. What are defenses to LSD criminal charges?
- 8. Other drugs
1. What is LSD?
LSD is lysergic acid diethylamide. LSD, also known as “acid” is a psychedelic drug generally taken for recreational use. Users report
- altered perceptions,
- moods, feelings and
- hallucinatory sensations, sounds, and images.
LSD comes is chemically manufactured from lysergic acid, which may occur naturally. The acid may come in a liquid form and be dropped onto absorbent blotter paper or sugar cubes, or sold as gelatin squares or small tablets.
Adverse effects of LSD include anxiety, paranoia, negative feelings, panic attacks, mood swings, and delusions. Some users refer to an adverse LSD experience as a “bad trip.”
Schedule I controlled substance
Under Colorado law, controlled substances include illegal drugs, prescription medications, over-the-counter drugs, and synthetic drugs. Controlled substances in Colorado are classified by schedule based on their medically accepted uses and potential for abuse.
LSD is a Schedule I drug. Schedule I drugs have no currently accepted medical use, lack accepted safety for use under medical conditions, and have a high potential for abuse. Other schedule 1 hallucinogenic drugs include psilocybin mushrooms, peyote, PCP, and mescaline.1
2. What are the legal uses of LSD?
There are no currently accepted medical uses for LSD in the United States. LSD cannot be prescribed by a licensed provider or purchased from a pharmacy.
It is unlawful to possess, sell, distribute, or manufacture LSD in Colorado.
3. What are the penalties?
Under Colorado drug law, the unauthorized use of a controlled substance, including LSD, is a level 2 drug misdemeanor, which carries:
- Up to 12 months in county jail, and/or
- $50 – $750 in fines
However, the court may instead impose the following, lighter penalty for drug use:
- Probation of up to 1 year;
- Possibly 120 days in jail (or 180 days in jail for a 3rd or subsequent offense); and
- Up to $500
Possessing up to 4 grams of LSD is a level 1 drug misdemeanor in the state of Colorado.
4. What are the penalties for unlawful possession?
Possessing up to 4 grams of LSD is a level 1 drug misdemeanor. The sentence is:
- 6 to 18 months in jail; and/or
- $500 to $5,000 in fines
But, the court can instead impose probation, which may include:
- Possibly 180 days in jail time (or up to 364 days for a 3rd offense); and/or
- Up to $1,000 in fines
However, a fourth conviction of a possession charge is a level 4 drug felony, carrying:
- 6-12 months in prison (plus 1 year of parole), and/or
- A fine of $1,000-$100,000
Meanwhile, possessing more than 4 grams of ecstasy is a level 4 drug felony, carrying:
- 6-12 months in prison (plus 1 year of parole), and/or
- A fine of $1,000-$100,000
5. What are the penalties for the unlawful sale or distribution?
Under Colorado law, the unlawful distribution, manufacture, or sale of a Schedule I controlled substance, including LSD, is a felony.
- If the amount is more than 225 grams, the unlawful sale, manufacture, or distribution is a level 1 drug felony carrying 8 to 32 years in prison and $5,000 to $1 million.
- If the amount is more than 14 grams up to 225 grams, the unlawful sale, manufacture, or distribution is a level 2 drug felony carrying 4 to 8 years in prison and $3,000 to $750,000.
- The unlawful sale, manufacture, or distribution of no more than 14 grams is a level 3 drug felony, carrying 2 to 4 years in prison and $2,000 to $500,000.
It is also a level 1 drug felony to sell, dispense, or distribute any LSD to a minor who is at least two years younger than you.
If you are incarcerated, on parole or on probation for a prior felony, a conviction for selling LSD may result in aggravated drug sentencing with increased penalties.
6. Can I avoid jail time?
Simple use of LSD may only result in a misdemeanor drug charge. A level 2 drug misdemeanor has the potential for jail time; however, in most cases, you will only have to pay a simple fine and can avoid jail time.
Pretrial diversion or probation
If it is your first offense for unlawful LSD use or possession, you may be eligible for a pretrial diversion program.2 A drug diversion program will defer your court action until you complete a court-approved treatment program. Upon successful completion, you may have your misdemeanor drug charges dropped.
If charged with a low-level drug felony, you may be placed on probation while you complete a court-approved drug treatment and education program. Upon successful completion, you may have your felony drug charges reduced to misdemeanor drug possession.3
Disqualifications
However, you may not be eligible for a diversion program or sentencing reduction if you have a prior conviction for a crime of violence, two or more prior felony drug convictions, or are ineligible for probation because of prior offenses. You may also be ineligible if you were in possession of more than 4 grams of LSD.
7. What are defenses to LSD criminal charges?
There are a number of possible defenses to criminal charges for LSD possession or sale:
- The LSD belonged to someone else
- The LSD was not in an area within your control
- The police found LSD as part of an unlawful search or seizure
- Law enforcement coerced an unlawful confession
8. Other drugs
See our related articles on the following controlled substances under Colorado law:
- Cocaine – schedule II
- Codeine – schedule II or schedule III
- Ecstasy / MDMA – schedule I
- Heroin – schedule I
- Ketamine – schedule III
- Marijuana / cannabis – schedule I
- Methamphetamine – schedule II
- Oxycodone – schedule II
- Xanax – schedule IV (unlawful sales often include Xanax laced with Fentanyl)
Legal References
- C.R.S. 18-18-203(2)(c); House Bill 19-1263.
- C.R.S. 18-1.3-101.
- C.R.S. 18-1.3-102.