Ecstasy is a controlled drug, which acts as a stimulant and a psychedelic. It has a variety of street names including XTC, rolls, adam, designer drug and the love drug. Its active ingredient is a methamphetamine referred to as methylene dioxy. This drug has increased in popularity over the last decade and as a result is receiving more attention from legal authorities. Whether an individual is charged with possession or possession with intent to distribute, it may be considered a felony charge.
Criminal Drug Charges
Criminal drug charges include a spectrum of crimes involving possession of an illegal controlled substance to possession with intent to distribute illegal controlled substances. Drug charges may involve violations of federal or state law, and in some instances, both. The various types of charges have been defined by the Controlled Substances Act and include:
- Drug trafficking – manufacturing, distributing or possessing illegal controlled substances with intent to distribute
- Manufacturing – operating locations used for the purpose of manufacturing or distributing illegal controlled substances
- Criminal enterprise – drug trafficking with 5 or more other persons
- Conspiracy – promoting and facilitating the manufacture, distribution or importation of illegal controlled substances
- Simple possession – possessing controlled substances without a prescription from a legally licensed medical practitioner and does not involve intent to distribute
Ecstasy Possession and Possession with Intent to Distribute Penalties
Because ecstasy is considered to be a controlled substance, possession of even the smallest amount may result in stiff jail sentences. If the charge includes intent to distribute, the penalties will be more severe. Also to be considered during the sentencing process are the defendant’s prior criminal history, the location of the offense in relation to schools and minors, possession of firearms, and any related injuries. The general guidelines regarding the penalties related to the amount in possession are:
- Less than one half ounce – third degree crime punishable by up to 5 years in prison
- One half ounce to five ounces – second degree crime punishable by 5 to 10 years in prison
- Five ounces or more – first degree crime punishable by 10 to 20 years in prison
Though penalties for criminal acts are based on Federal Sentencing Guidelines, these guidelines were designed to be advisory in nature. The court judge responsible for the case has the discretionary option to sentence as appropriate for the crime and any associated offense.
Getting Legal Help
Criminal acts involving illegal controlled substances can be prosecuted under federal or state law, or both. Federal criminal acts will carry much more severe penalties and it is important to consult with an attorney experienced and knowledgeable in state and federal drug laws. Arrests for drug offenses may have serious consequences and it is imperative that you discuss the details regarding your individual case with an experienced attorney in order to receive the best possible defense and the most appropriate result.
