The use of the drug ecstasy, or MDMA, has risen dramatically in the United States and the rest of the world in the last decade. Once developed in laboratories for use in psychotherapy and couples therapy, ecstasy has grown in popularity as a “designer” or “club” drug. While ecstasy is believed by some to be harmless, the legal consequences for those found in possession of the drug are anything but.
Ecstasy Possession
For the purposes of prosecution, “possession” generally means that ecstasy tablets were find on or in the control area of the offender, such as in a car or apartment. Very rarely are offenders prosecuted for having a controlled substance in their blood stream. Simply admitting to have taken a drug is similarly not grounds for prosecution.
Ecstasy Laws
As is the case with most individual drugs, ecstasy possession is not generally prosecutable under federal law. However, as the use of ecstasy has grown in the United States, the Drug Enforcement Agency (DEA) has focused much of its attention on prosecuting those who deliver and manufacture ecstasy. In 2000, Congress passed the Ecstasy Anti-Proliferation Act, which increased federal sentencing guidelines for those caught possessing, manufacturing, and delivering the drug.
Ecstasy (Methylenedioxymethamphetamine or MDM) is classified as a Schedule 1 controlled substance by the Drug Enforcement Agency and the Controlled Substances Act. The schedule for all controlled substances can be found at http://www.usdoj.gov/dea/pubs/scheduling.html.
Under federal law, the penalties for possession, manufacture, or delivery a Schedule one controlled substance range as high as a $100,000 fine and 99 years in prison, depending on how much of the amount is seized by federal officials.
Ecstasy and State Laws
Like with most drug possession charges, the penalties for possession of ecstasy vary widely by state and the amount of the drug in question. However, in answer to a federal crackdown on ecstasy possession and delivery, many states have dramatically increased the penalties for ecstasy possession.
- Possession of ecstasy under state laws can result in state penalties ranging from $500 $750,000 in fines and 8 months to 15 years in prison.
- Delivery (or sale) of ecstasy under state laws can result in state penalties ranging from $5,000 to $1,000,000 in fines from 1 year to life imprisonment.
Legal Help
If you have been charged with ecstasy possession or MDMA trafficking, you should seek the advice of a competent criminal defense attorney prior to entering a plea before the court or negotiating any plea bargains with the state or federal government.
