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  • AADD Moderators: swilow | Vagabond696

LSD in Australia (NSW) Legality, how much is considered dealing?

S

SomeRandom

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Well, im just curious how they work this out? Is it by how many hits are present, like, how many tabs, dots, sugercubes etc ( I can see this being a problem with liquid) or is it on weight, and if so, do they take into account the weight of the paper its on? Cause ive had some on really light paper, and some on heaps thick cardboard.
 
Dont quote me on this as I havent read up on it in quite a while

But its my understanding that They include the weight of the medium (ie the paper in you tab) as the weight of the drug.

Also I beleave the laws for trafficing aply at very low weights for LSD as doses are so tiny.

I think you could be done for intent to distribute for a realitivly small amount of LSD.

As I said though dont take my word for it.
 
it depends on what you're caught with.

a couple of tabs, some baggies and a fist full of cash? dealing.
1 tab, nothing else? perso.

but nwalmaer is right, they weigh everything, baggie, tabs and lsd on the tabs, and thats what you get charged with. I was once caught with 12grams of pot that mushroomed up to nearly an ounce when the container was included, and was charged and fined as if i had an ounce. cunts.

according to austlii, the traffikable quanity of Lysergic acid and its derivitives having halucinogenic qualities is 15 DDU or 0.003g (3mg... which would be a shitload of acid... if they didnt include the carrier)
 
I was once caught with 12grams of pot that mushroomed up to nearly an ounce when the container was included, and was charged and fined as if i had an ounce. cunts.

Ouch...damn that sucks brother. What kind of container was it in?

God I hate the drug laws. Weighing the medium and adding it to the tally for the drug charges is just outrageous. :X
 
Yes I would really like to know some more information about this.... I guess it would depend on how many you had and what else you had ei. scales, money and heaps of baggies???

If you got caught with 1 vial do you think they would consider that dealing or personal? Because their are a lot of hits in a vial and you could easily make cubes which you could get charged with production sort of... What do you think?
 
I too am interested.
Never heard of anyone being done for dealing acid.
Anyone know what the punishment would be ?
 
I've heard the punishment is very harsh worse then Meth... I don't think many people would get caught with it though because it is so thin so you can hide it anywhere.
 
And it isn't detectable by sniffer dogs, or at least, sniffer dogs aren't trained to smell it.
 
Mr Blonde said:
Ouch...damn that sucks brother. What kind of container was it in?

God I hate the drug laws. Weighing the medium and adding it to the tally for the drug charges is just outrageous. :X


Their rationale as I understand it is that in removing some of the substance from the carrying medium they may be unable to extract some as it sticks to the baggie which could lead to a weight that is too small. So, instead they are happy to add what could be 5x or more the weight of the pure substance, because we as criminals deserve no leeway and all harshness.

The weight of the paper would definately be added, this is the same case with cutting a powder drug with sugar, all the substance is counted as illicit. This would ring true, for example, if you were to accidently drop 100mg of cocaine in your 1kg of sugar; you would be charged with possesion of 1kg cocaine (assuming you are unlucky enough for their testing sample to contain some of that 100mg). In this case there is some logic, as you cannot expect police laboritories to be burdened with testing every bit of the substance for purity for your benefit.
 
It seems pretty harsh though, I understand with powders etc that the stuff you cut it with gets counted as well, but i mean, with acid, you basically need a medium with it =\
 
LSD possession is generally dealt with under state drug law and each state has somewhat different limits. [although the criminal code act also has provisions under federal law]

As Marklar already stated, in NSW the limit is 15 DDU [discrete dosage units] or 0.003g. The average blotter is under 60mics, so the 3mg would equate to about 50 non-divided doses.

In the case of blotters you will be charged with the number of DDUs, so as long as you stay under 14 units and don't have any other obvious dealer paraphernalia you would be charged with personal amounts.

If you however have 50 doses in liquid form you will be charged for the total weight of the liquid, ie if liquid runs at 1ml per dose then 50 doses would be 50ml and hence the charge would read 50g of LSD. In most cases this will be amended JUST before you go to court to whatever the actual LSD content was, however this is not guaranteed. It appears that prosecutors no longer like convictions under the 'full weight' legislation as it leaves the judgement open to challenges. But again, there are no guarantees. And in any case, you will be treated as a 50g LSD criminal right up to that point. And 50g of LSD is 25 times the large commercial quantity, which carries a potential life sentence. So you see how different your treatment might be [eg bail amounts] for having 50 liquid trips instead of 14 paper trips.

Also note that DDUs are limited to 200mics. If you go over this then you will be prosecuted by weight. ie you can get away with putting 199mics on a super large blotter and then cutting it up into 4 at point of sale/consumption, meaning you can carry 4 times as many super blotters than standard commercial blotters. This appears to have been one reason for composite blotters released in the 90's where the perforation was around a large pattern which had faint lines printed onto it dividing it by 4.
 
For cautions I believe it is 3 "tickets" as they like to call them in the court brochure
 
You would appeal if one or two tab makes you a dealer. andd ask for a poper lab analysis of the purity of the paper. Paper isnt illagal.
 
Billabongor2 said:
You would appeal if one or two tab makes you a dealer. andd ask for a poper lab analysis of the purity of the paper. Paper isnt illagal.

Nice sentiment, but not how the legal system works. Whether or not you are charged with the weight of the paper/water/sugar/etc is not up to you as a defendant, but is entirely at the discretion of the prosecution.

The law states that any admixture to a drug is deemed to be that drug. In fact, if you sell someone glucose and state the content to be amphetamine you can still be convicted of selling a drug. [some kid got convicted of selling cannabis recently even though there was no cannabis in the bag]. There is nothing in the law that requires a mixture to be analysed quantitatively. And if you have admitted to the substance being an illegal drug then there isn't even any need for the prosecution to analyse the sample qualitatively as all they need to do is weigh the mixture.

The paper that LSD is put on is regarded as an admixture and hence under the law it is deemed to be the drug it is mixed with.

I think these laws are remnants of the days when prosecution did not have accurate analysis equipment, ie when LSD was still certified by government labs by the use of indicator solutions rather than GC/MS. Quantitative analysis of some drugs was simply not possible in those days. Personally I think in this day and age it is ridiculous to continue this way, but law enforcement are hardly going to complain about a law that allows them to treat minor offenders like major criminals.

I agree with the sentiment of your opinion, but you should not spread misinformation about legal issues.
 
Like Tabaluga said, you needn't even have any illicit substance to be charged, it just needs to appear as though it is intended to be (and by extension sold as) a drug. This could be salt rocks in a small baggie, or a bunk pill, or even blotter artwork (depending on circumstances). You'll still get charged as though they were the "real deal".

I presume the reasons for this are to deter people from making fake product and gaining untaxed money through the sale. Also, drugs are notoriously impure. It's not uncommon for a bunk product to circulate, which is being sold and intended for use as a drug. Since it would seemingly be by accident that some people obtain a bunk product, when they were expecting something illicit, that is enough "intent" for the government to feel that they should charge you.
 
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This law is quite a blunt instrument, especially in the case illustrated by cowlos where it doesn't seem to serve justice very well.

Although most of us here would probably be happy to see the E or Coke dealer who peddles 500 pills or grams of aspirin and baking powder to be charged with the full amount he was carrying.
 
yeh good thing about acid weed and shrooms is if you get caught you can just eat the fuckers and not worry about dying.
 
DPCS act 1981 p204 (these are for Victoria but i think its quite similar...)

What that basically says is:
Anything from 1.5-50mg is considered traffickable (hash penalties)
50-150mg is considered commercial trafficking (hasher penalties) and
over 150mg is large scale commercial trafficking (get done HARD)

btw that includes cutters too, so if you got 100mg but only 10mg of it is pure LSD, you get done for 100mg.
 
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