FLAWS IN DRUG LAW SEEN IN LSD CASE

Definition Of `Hits' Gives Dealer A Break

Because two sheets of LSD contained no markings separating "hits" of
the drug, an admitted drug dealer who police say is one of the
region's major suppliers of LSD is facing a drastically reduced sentence.

Christina Aguire, 20, of Palatine, was found guilty Tuesday of
unlawful delivery of less than 5 grams of LSD, a Class II felony that
is punishable by up to 7 years in prison but allows for probation.
Prosecutors said Aguire admitted to dealing the drug. Her sentencing
is set for Feb. 28.

Because of what prosecutors called a loophole in the law, Aguire
avoided a Class X felony conviction that is punishable by up to 40
years in prison.

Assistant Illinois Atty. Gen. John Kezdy said the attorney general's
office is drafting a proposed revision of the LSD section of the
Controlled Substances Act for consideration by the General Assembly.

"We are trying to close that loophole, and the thing that is making us
do that is this case," Kezdy said.

McHenry County Circuit Judge Thomas Schermerhorn said he had no choice
but to find Aguire not guilty Tuesday on four of five drug charges
because of the way a section of the act pertaining to LSD is written.

LSD drug offenses carry sentences meted out according to the number of
"hits" being sold. LSD is often applied to sheets of paper that is
perforated or has lines separating it into several individual amounts.

The evidence in Tuesday's trial showed that in 1998 Aguire agreed to
sell two men 100 hits each of LSD for $500, or $2.50 a hit.

But the two small pieces of paper containing LSD, which was taken as
evidence by McHenry County authorities, had no lines or perforations
separating the individual amounts.

So even though state crime lab tests showed the drug was on the two
pieces of paper, Schermerhorn said state law only allowed him to find
Aguire legally responsible for selling two hits of LSD, the Class II
felony.

"There's no question that the two objects could easily be cut up into
whatever size you want to cut them into, but the statute refers to
objects, and what we actually had was two objects," Schermerhorn said.