MDMA, commonly known as ecstasy, could bring to mind raves and heightened sensory experiences. This substance is well known for enhancing users' energy, emotional warmth, and a deeper connection with others. However, behind this seemingly positive facade lies a concerning reality. The substantial risks ecstasy poses to your physical and mental health are the reason California categorizes it as a controlled substance. Even though it is a controlled substance, MDMA use is on the rise. Because of the perceived risks and potential for abuse, the state has enacted several laws related to ecstasy. Let us look at each of them.

Why is Ecstasy Illegal?

MDMA, ecstasy, or molly causes rapid overheating, which can result in dehydration and potentially fatal hyperthermia by upsetting the body's natural temperature control. This could harm essential organs and cause death. Furthermore, MDMA raises blood pressure and pulse rate, which strains the cardiovascular system and increases the chance of a heart attack or stroke, particularly in people with pre-existing conditions.

The detrimental effects of MDMA also affect mental health. Following use, users could develop anxiety, depression, and trouble sleeping. Prolonged usage can harm the brain's serotonin receptors, which are essential for mood control, leading to long-term mood issues.

The unpredictability of ecstasy exacerbates these hazards. Users of MDMA pills could not know what they were consuming because of the wide variations in the pills' purity and composition. This ambiguity, mainly when mixed with other medications, could result in unintentional responses or accidental overdoses. Although MDMA may not have the same physical addictive properties as other substances, it can nevertheless result in compulsive use and psychological dependence.

Possession of Ecstasy

Health and Safety Section 11377(a) addresses possession of MDMA. It is against the law to possess any controlled substance without a legitimate prescription or official authorization, according to this statute. The state classifies MDMA as a Schedule I controlled substance. This classification means that MDMA has no recognized medicinal value and a significant potential for abuse.

MDMA possession involves more than simply having it on your person. It covers any situation where you have control of the substance, know where it is, and have access to it. This includes:

  •  MDMA kept in your belongings, including pockets, handbags, and backpacks. This is actual possession.
  • MDMA concealed anywhere you can easily reach, like your home or vehicle. This best describes constructive possession.
  • Transferring MDMA control to someone else, even if you do not physically possess it yourself. This addresses joint possession.

The following variables affect the severity of MDMA possession penalties:

  • Quantity — Compared to larger quantities that indicate an intent to sell, smaller amounts for personal use typically result in less severe penalties.
  • Criminal history — Compared to those with previous drug convictions, first-time offenders usually face less severe punishments.

Possessing ecstasy is usually considered a misdemeanor. You could spend up to a year in county jail and pay $1,000 in fines if found guilty. Nonetheless, drug diversion programs are available as alternatives to imprisonment.

However, there are exceptions. Your possession charge could be upgraded to a felony if you have previous convictions for sexual offenses that necessitate registering as a sexual offender. Felony punishments are far harsher, with fines of up to $10,000 and prison terms ranging from 16 months to 3 years.

Drug Diversion Programs

As a first-time offender facing ecstasy possession charges, you could qualify for diversion programs instead of traditional criminal court and the resulting consequences upon conviction. These programs focus on addressing your underlying substance abuse issue and offer you a chance to avoid a criminal conviction.

You could be eligible for drug courts, especially since simple possession is non-violent. These courts involve intensive supervision, mandatory drug treatment participation, and other requirements. Completing the program can help you avoid jail time and a permanent criminal record.

Penal Code 1000 provides another option through Deferred Entry of Judgment (DEJ). Under this program, the court postpones your sentencing while you complete a court-ordered drug treatment program. If you complete the program, the charges against you can be dismissed, leaving your record clear.

Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, offers another potential route. Proposition 36 allows for reducing possession charges to misdemeanors and potentially dismissing them entirely upon your completion of court-mandated drug treatment.

Possession of Ecstasy for Sale

Per HSC 11378, it is illegal to possess MDMA with the intention of selling it. Prosecutors must demonstrate your intention to distribute to secure a conviction. Evidence that supports this objective includes messages indicating sales activity, packaging materials for separating drugs, and substantial amounts of MDMA.

Prosecutors rely on various pieces of evidence to establish your intent to sell MDMA. Some of the evidence includes:

  • Being present in areas associated with drug dealings — Finding yourself in drug-dealing hotspots lends credence to the other evidence, indicating that your presence was not by chance.
  • Pre-packaged drugs — Lots of MDMA split up into separate bags or containers indicate that this is not for personal use but rather for preparation for several transactions.
  • Unaccounted cash — Drug sales have been connected to significant unexplained cash. The prosecution will contend that this is a direct profit from earlier unlawful activities.
  •  Weapons — Having a gun nearby, especially while dealing in narcotics, suggests that you require security during potentially risky transactions. This supports the claim that you expected violence.

MDMA dealers face harsh penalties under Health and Safety Code 11378. A conviction under this law carries a maximum $10,000 fine and jail terms of 16 months to 3 years.

Selling and Transporting Ecstasy

Section 11379 of the Health and Safety Code prohibits the distribution of ecstasy. Beyond simply selling the drug, this regulation forbids several other acts.

It is against the law to sell or exchange MDMA for anything of value. This includes bartering or trading ecstasy for products or services in addition to standard monetary transactions. Additionally, it is illegal to transport the drug with the intention of selling it. Even if you did not sell the drug when you transported it, the intent to sell later is enough to constitute a violation.

Direct sales are just one aspect of HSC 11379. Giving away or furnishing MDMA to someone else is also prohibited, regardless of any exchange of money or valuables.

HSC 11379 prescribes lengthy prison terms to prevent people from trafficking MDMA and to safeguard public health. Under this statute, a typical conviction carries a penalty of 2, 3, or 4 years in a state prison.

The severity of the penalties increases according to certain conditions.

Your sentence could increase to three, six, or nine years if you traffic MDMA across more than two counties with the intention of selling it at the destination. Judges issue harsher sentences for larger-scale operations that endanger public safety.

Judges could take aggravating circumstances into account. The judge could issue far harsher penalties if you knew or had a good-faith belief that the receiver:

  • Had a grave felony conviction
  • Was pregnant or
  • Was undergoing treatment for drug or mental health problems

These factors elevate the risk associated with your offense.

A conviction for trafficking also entails the possibility of deportation for a non-citizen. Following deportation, you could be banned from re-entering the country. An immigration expert would greatly help because the severity of this prohibition on re-entry depends on several variables.

The particular consequences depend on the specifics of your case. The seriousness of the offense is a crucial element. Compared to a minor misdemeanor, a felony conviction for large-scale trafficking carries heavier penalties and a more extended ban from returning to the country. Further, your immigration history, specifically a pattern of violations, could result in a permanent ban.

Being Under the Influence of Ecstasy

The state has a zero-tolerance policy on ecstasy use in public areas. The Health and Safety Code 11550 prohibits using any banned substance, including MDMA, while in public. A violation of this statute is a misdemeanor.

Prosecutors must prove several requirements for the jury to find you guilty of using MDMA in public, as stated in HSC 11550. Prosecutors must establish the following as true:

  • You were impaired — Impairment manifests as clumsiness, incoherent speech, unpredictable conduct, or trouble adhering to directions.
  • You were in a public location — Your actions must have occurred in a park, street, sidewalk, or area served by public transportation. Publicly accessible private property, like restaurants or bars, could also be eligible.
  • Ecstasy intoxication — Prosecutors must prove that your MDMA use resulted in your intoxication. Witness testimony, field sobriety testing, and chemical tests like blood or urine analysis can all be used to demonstrate this.

The details surrounding your arrest will determine the specific evidence prosecutors will present. Here are a few more things to also consider:

  • Open containers or paraphernalia — Having drug paraphernalia or open MDMA containers in public adds credibility to the prosecution's case.
  • Admissions — You may use your admission of MDMA as evidence if you make it to a police officer.
  • Witness accounts — Witness testimony on your actions and possible drunkenness can be very important.

The penalties for a misdemeanor, a first offense, can differ.

When a person is found guilty of the first offense, the court usually sentences them to less than a year in jail. However, the time served could vary from days to months, depending on the situation. The court could also substitute up to five years of probation for incarceration.

California provides diversion programs for specific drug offenses in recognition of the possibility of rehabilitation. You could altogether avoid a criminal conviction by completing these programs. If all goes well, completing the programs makes you a candidate for probation instead of jail time.

Penalties for repeat offenders are more severe, though. A second or subsequent conviction within seven years carries a statutory minimum jail term of 180 days if the offender refuses to finish a court-ordered drug rehabilitation program.

The scenario becomes much more complicated if you have a loaded firearm. The penalties for possessing a loaded firearm while under the influence of certain drugs can be more severe. You could be required to serve time in prison.

Under HSC 1150(a), the court has discretion regarding sentencing. Part of that authority is considering your financial position for program expenses and fines.

Driving Under the Influence (DUI) of Ecstasy

Driving under the influence of ecstasy poses a grave risk. Its effects on coordination, judgment, and response time seriously hinder your ability to drive. Vehicle Code 23152(f) forbids driving while under the influence of any narcotic that impairs judgment, including ecstasy. Vehicle Code 23152(f) imposes harsh penalties.

These consequences could alter your life. The length of the sentence ranges from a few days to a year or more, contingent on the seriousness of the offense. Significant sentence extensions result from past offenses or inflicting injuries in an accident. In addition, heavy fines are applied as a deterrent to committing DUIs.

You could have your driving privileges suspended or revoked, restricting your capacity to drive legally. The court could also require the installation of an ignition interlock device (IID) in your car. If your blood alcohol content (BAC) is higher than a specific limit, this device will not let you start the vehicle. Moreover, a DUI conviction leads to significantly higher auto insurance premiums.

The legal ramifications are not the only ones. DUI-related occurrences frequently result in collisions that kill or seriously hurt the driver, other passengers, and innocent bystanders. A DUI conviction can have long-lasting effects in addition to immediate ones, like harming employment opportunities and showing up on background checks.

California handles most DUIs and driving under the influence of drugs (DUIDs) equally for first offenses. Both are usually considered misdemeanors. However, in situations where there is significant harm or death, they become felonies.

Penalties that you might encounter if found guilty of your first DUI or DWI in California include:

  • Although a six-month sentence is the maximum, the actual term will vary based on several circumstances, including the gravity of the offense, your blood alcohol content (BAC), if relevant, and your prior criminal history.
  • Penalties usually vary from a few hundred dollars to more than $1,000.
  • You will be mandated to attend DUI school. It is necessary to finish a court-approved DUI education program.

Fighting the Ecstasy-Related Charges

Your attorney will use a defense tailored to your situation. These defenses aim to secure the best possible legal outcome. Some of the defenses include: 

  1. Law Enforcement Violated Your Fourth Amendment Rights

The Fourth Amendment shields you from arbitrary searches and seizures in California. You could have a solid defense based on the exclusionary rule if police enforcement used an illegal search of your property to collect evidence of your possession of ecstasy.

Prosecutors are prohibited from using evidence obtained unlawfully against you under the exclusionary rule. Your lawyer could submit a motion to suppress, claiming that the ecstasy was illegally obtained and ought to be kept out of evidence. The prosecution then has the burden of demonstrating that a warrant authorized the search and was lawful. If they do not, the court could exclude the evidence, weakening the case against you.

However, it had to have been an unlawful search. With a few exceptions, like searches carried out with your permission or those that follow a valid arrest, police need a warrant to search private property. Your consent must be freely given. It is not legal to agree to the search under duress or pressure. Furthermore, probable cause, a reasonable suspicion based on facts that a crime is being committed and that evidence will be located at the scene, is needed for warrants.

  1. You Were Entrapped

People accused of possession of ecstasy could use entrapment as a defense. It applies when law enforcement’s pressure, inducement, or manipulation leads you to commit a crime you would not have otherwise considered.

Your lawyer can use this defense if you think the police tricked you into thinking you were high on ecstasy. You still have the burden of proof, but the bar is lower than usual. You need to convince the judge by a preponderance of the evidence that entrapment is more likely than not.

The court will carefully consider the following factors:

  • Police behavior — Were you forced to possess ecstasy by the authorities using undue pressure, threats, or promises?
  • Predisposition — Did the officer's actions convince you to possess ecstasy, or were you already predisposed that way? The foundation of your defense is proving you were not biased and that the police coerced you.

Find a Criminal Defense Attorney Near Me

Because of the complexity of California's ecstasy regulations, a conviction could have dire repercussions. Understanding the subtle legal ramifications of drug possession in Los Angeles is in your best interest. Secure legal representation if you are facing ecstasy-related charges. At the Los Angeles Criminal Attorney, we believe in the innocent until proven guilty principle. Our team will work to defend your rights as you navigate the justice system. We will protect your rights and work to resolve your case as favorably as possible. Call us today at 424-333-0943.