Ecstasy is a popular recreational drug known for its use among partygoers. Its chemical name is methylenedioxymethaamphetamine (MDMA), but it commonly goes by the street names "ecstasy," "extacy," "XTC," "E," or "X." Some people refer to the drug as a "roll," or refer to people under the influence of the drug as "rolling."
Unlike
marijuana, possession of any amount of ecstasy is a felony. In Florida, possession of MDMA (controlled substance) carries a maximum penalty of 5 years in state prison.
First-time offenders may be eligible for
Drug Court.
Anyone found guilty of manufacture, delivery, or possession with intent to sell, manufacture or deliver MDMA, commits a second-degree felony punishable by up to 15 years in state prison.
Sale or possession with intent to sell MDMA within 1000 feet of a school can subject you to a first-degree felony charge (maximum sentence of 30 years) with a
mandatory minimum sentence of 3 years.
As with all
trafficking offenses in the State of Florida, mandatory minimum sentences for trafficking in MDMA apply when “any person who knowingly sells, purchases, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of in excess of 10 grams of MDMA or of any mixture containing MDMA commits a felony of the first degree.” A first-degree felony is punishable by up to 30 years in state prison.
As I have discussed previously, all trafficking charges in Florida are based on the weight of the substance, not the sale, transport, or intent to sell. You can be charged with trafficking just for being in possession of a substance, so long as you are in possession of the "trafficking amount."
If the amount of MDMA is either more 200 grams but less than 400 grams then the offense carries a seven (7) year minimum mandatory sentence and a $100,000.00 fine (Florida Statute 893.135(1)(k)(1)(b)).
If the amount of MDMA is either more than 400 grams but less than 30 kilograms then the offense carries a fifteen (15) year minimum mandatory sentence and a $250,000.00 fine(Florida Statute 893.135(1)(k)(1)(c)).
Most MDMA is homemade, which means that it contains cutting agents such as
methamphetamine. Therefore, it is a highly dangerous substance. Florida lawmakers realize that, and have accordingly instituted severe punishments for those found guilty of trafficking in MDMA.
However, all trafficking cases must be assessed on a case-by-case basis. Many times, the
constitutional rights of the accused trafficker are trampled upon by overzealous cops looking to "make the bust."
In Miami-Dade and Broward County, the respective State Attorneys' Offices assign MDMA trafficking cases to specialized narcotics prosecutors who will fight hard to see all accused traffickers convicted and sentenced to mandatory prison time.
For possession-level and possession with intent-level offenses, there are no mandatory minimums (unless sale is within 1000 feet of a school or day care center). These cases are not as serious as trafficking, but are still felonies that require a good defense.
I practice
criminal defense in Miami-Dade and Broward. I represent clients charged with all types of drug crimes, from simple possession to trafficking.
If you have been arrested or you know somebody who has been arrested for a crime involving the possession, sale, or trafficking of ecstasy,
call my office today.