MDMA or 3,4 Methylenedioxymethamphetamine or commonly known as Ecstasy or ‘rave drug’ is a controlled substance under the Government’s ‘Controlled Substance Act.’ It is a schedule-I drug which indicates its high potential for abuse and no medicinal use. In the state of California, the possession or ‘possession with the intention of selling’ is governed by Health and Safety Code 11377 & 11378 HS. As MDMA has no accepted medical use and FDA does not approve it, there cannot be any simple justification for the possession of the drug. Therefore, if you are facing charges for possession of MDMA, you should immediately consult an expert defense attorney that has the first-hand experience of MDMA or ecstasy cases. Trying to navigate the criminal system on your own can backfire at any time, and you may end up with severe penalties having lifetime implications.
Ecstasy creates a feeling of euphoria, making people feel highly energetic and excited. Therefore, it is a famous ‘partygoers’ drug which is used by youngsters in clubs, concerts, and private parties. It is a combination of both stimulants and hallucinogen which not only make people high but see and imagine non-existent things. MDMA is a highly dangerous drug with severe mental effects including anxiety, depression, paranoia, as well as physical effects such as dehydration, seizures, arrhythmia or in case of overdose, it can be fatal. Due to its various physical and mental side effects, it is a classified drug under Schedule-I.
When you are arrested for possession or possession for sale of MDMA or ecstasy, the prosecutor can file charges as either a misdemeanor or a felony depending on the quantity of the drug, your previous conviction and your defense legal representation. In case of a misdemeanor, a convict can be allowed to attend a drug diversion program instead of serving jail time. With an experienced defense attorney on your side, the chances of qualifying for drug diversion program increases. By informing the judge about the specific circumstances of your case, we try to make you eligible for drug rehabilitation, thus avoiding jail time.
Even if you are found to possess a high amount of MDMA and are charged with possession with an intent to sell, we can help you. By explaining to judge that you only possessed the drug for personal use, we aim at reducing punishment and avoiding jail time. To know more about the specific penalties and the circumstances of your case, you can directly talk to one of our criminal defense lawyer at (800) 755-5174.
Health and Safety Code 11377
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) (1) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (f) of Section 11056, and who has not previously been convicted of a violation involving a controlled substance specified in subdivision (f) of Section 11056, is guilty of a misdemeanor.
(2) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (g) of Section 11056 is guilty of a misdemeanor.
(3) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (7) or (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor.
(4) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (8) of subdivision (f) of Section 11057 is guilty of a misdemeanor.
(c) In addition to any fine assessed under subdivision (b), the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
Health & Safety Code 11378
Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.