Ecstasy (also known as MDMA or DMA) is a Schedule I drug under the California Uniform Controlled Substances Act and the Federal Uniform Controlled Substance Act. It is illegal to possess ecstasy, but its use continues to rise. Police and prosecutors take ecstasy crimes very seriously and are cracking down after high-profile incidents of illness and death. In the past five years, drug treatment programs are reporting a 7-fold increase in the number of patients seeking treatment for ecstasy abuse.
If you are reading this, chances are you have been charged with one or more of the following offenses:
- Possession of ecstasy for personal use.
- Possession of ecstasy for sale.
- Transportation of ecstasy with intent to sell.
To prove possession of ecstasy, the DA must show:
- There was a usable quantity of ecstasy.
- Ecstasy was found in a usable form.
- The person charged was in possession or in control of the ecstasy.
POSSESSION FOR SALE
To determine possession for sale, police will look at whether there is evidence of sales. Examples of this commonly include:
- Quantity that is more than for personal use.
- Separately packaged or bagged pills or powder.
- Scales or other measuring equipment.
- Multiple cell phones.
- Sales records (commonly called “pay and owes”).
In order to prove illegal transportation of ecstasy, the prosecutor must prove:
- Large quantity found in a car.
- Driver or car registered from out-of-state or long-distance within California.
- Surveillance or information from an informant that someone came from out-of-state.
WHY AN EXPERIENCED ECSTASY DEFENSE LAWYER CAN HELP
Local Expertise: The Law Offices of Jerod Gunsberg thoroughly review police searches and seizures of client property that were conducted with or without a warrant. We are able to provide a practical, tailored defense based on our extensive experience in the Los Angeles courts.
Detailed Knowledge of Possession Law: Under California Health and Safety Code 11377, possession of ecstasy is a misdemeanor. However, it is also a “wobbler” (meaning it can be charged as either a felony or misdemeanor) if the defendant has a prior prison commitment, has been previously convicted of an enumerated “super strike”, or is required to register as a sex offender under Penal Code Section 290. If charged as a misdemeanor, the maximum penalty is up to one year in county jail plus fines. If charged as a felony, the punishment may be 16 months to three years in state prison. Charges of possession may be eligible for Deferred Entry of Judgment (DEJ) or a drug diversion program. However, charges of possession for sale (H&S 11378) are not eligible for DEJ or drug diversion. Make sure you receive fair consideration of your charges and justified resolution.
Detailed Knowledge of Transportation Law: Under California Health and Safety Code 114379, transportation of ecstasy is charged as a felony. Transportation within California may be subject to punishments of two to four years in state prison. Transportation between counties that are not connected to each other within California may be subject to punishments of three to nine years in state prison.
CONTACT LOS ANGELES DRUG CRIMES DEFENSE LAWYER JEROD GUNSBERG AT 310-210-0744 FOR A FREE CONSULTATION.