§ 4-4(b) Trafficking in Lsd

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2023 Ed.)

§ 4-4(b) Trafficking in LSD

The defendant is charged with trafficking in LSD.

Section 44-53-370(e)(5) of the South Carolina Code of Laws provides:

(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchase, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:

(5) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of lysergic acid diethylamide (LSD) is guilty of a felony which is known as 'trafficking in LSD.'

There are three elements to this offense that the State must prove beyond a reasonable doubt:

(1) that the substance involved was in fact LSD.

(2) that the defendant had possession of the LSD, either actual possession or constructive possession; and

(3) that there were in fact one hundred (100) tablets or more of LSD involved.

LSD in any form is a controlled substance under the law of this State.

The substance must be LSD, the defendant must have actual or constructive possession of the LSD, and the amount involved must be one hundred (100) tablets or more of LSD.

The State must prove that the substance involved is in fact LSD.

The State must further prove the defendant had actual or constructive possession of the LSD. What does possession of LSD mean under the law? The law says LSD in any form is a controlled substance. Possession means more than simply having a controlled substance in one's possession. There must be knowing possession. The State must prove possession of the LSD by the defendant and the...