Ecstasy (MDMA)

Ecstasy is a popular drug among young people that rose in popularity through the party of rave scene of the 1990’s and early 2000’s. MDMA or 3,4-methylenedioxy-N-methylamphetamine is the more formal titles or name for ecstasy. In addition, when ecstasy is in the powder form it is sometimes referred to as Molly a colloquialism that has roots in England or the United Kingdom in general. Ecstasy is a drug that is commonly sold at parties clubs. Law Enforcement targets ecstacy in the same fashion that it uses to investigate other forms of narcotics. Law enforcement officers may engage in undercover operations at night clubs or at other events or festival where the drug is in high demand. An experienced criminal defense attorney will know how to evaluate the investigative process used to arrest individuals for the possession of ecstasy.

Similar to other narcotics ecstasy can be charged as simple possession, possession for purposes of sale, transportation (or actually selling) and for the manufacturing of the drug. Ecstasy is charged pursuant to the same Health and Safety Code sections as methamphetamine. Hence simple possession is charged pursuant to Health and Safety Code section 11377, Possession for Purposes of Sale is charged per Health and Safety Code section 11378 and transportation and sell is charged under Health and Safety Code section 11379.

If a person is charged with simple possession of ecstasy they are eligible for a number of diversionary programs that will allow them to obtain a dismissal of the charges against them if they fulfill certain requirements. The most basic diversionary program is referred to as PC1000. Under this program the charged person can obtain a dismissal if they complete a drug rehabilitation program and they remain law abiding for at least 18 (eighteen) months. Secondly, if a person is not eligible for PC1000 they may be able to receive similar relief through Drug Court and or through the Proposition 36 program (Penal Code section 1210).

When a person is charged with possession for purposes of sale, it is critical to evaluate whether or not the prosecution can prove that the person possessed the drugs for purposes of sale beyond a reasonable doubt. If the prosecution can not prove that the drugs were possessed for purposes of sell then the only remaining charge is simple possession and the person charged may be eligible for a diversionary program. The prosecution relies on various forms of evidence to prove the intent to sell. First the prosecution will look at the amount of the drug that is possessed by the person charged. If a person has a “boat” of ecstasy (which is approximately 1000 ecstasy pills) then the District Attorney is likely to charge the person with possession for purposes of sell even if there is no additional evidence that prove that the person had the intent to sell. This same logic will be used by the prosecuting attorney if the person possesses a “bottle” (approximately 100-200 ecstasy pills). However, if a person possesses a smaller amount of ecstasy the prosecuting attorney may rely on other circumstantial evidence to prove the intent to sell. For example if the person possessed a large amount of money, pay and owe sheet (a ledger of drug transactions), packaging material etc. The prosecutor will also search cell phones and or computers for communications related to the drug transactions.

If there is substantial evidence supporting the intent to sell the experienced criminal defense attorney must evaluate whether or not the evidence can be suppressed. If the evidence was collected in violation of the 4th Amendment of the United States Constitution a criminal defense attorney can file a motion to have the evidence suppressed. If the evidence can not be suppressed then the attorney must evaluate whether the case can be effectively negotiated or if there are issues to present at trial.