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California criminalizes the possession, sale, transport, or manufacturing of ecstasy, also known as “molly” or MDMA. It is illegal to be under the influence of ecstasy, although usually a conviction for simple possession for personal use allows participation in a drug diversion program. A synthetic drug, ecstasy is classified as a Schedule I substance under the Controlled Substances Act. These types of substances, including heroin and LSD, are highly addictive and considered not to serve a legitimate medical purpose. If you are facing criminal charges for drug crimes, Riverside drug crime defense Attorney Gregory H. Comings can help. Conviction for a drug offense may lead to fines, imprisonment, and in some cases, deportation for non-U.S. citizens. The Law Offices of Gregory H. Comings also handles weapons offenses, and domestic violence offenses.
Possession of ecstasy for personal use, in violation of Health & Safety Code 11377 HS, is usually charged as a misdemeanor. This can lead to up to one year in jail and/or a fine up to $1000. If you have a prior conviction on your record for certain felonies or a sex crime that subjects you to the state sex offender registration requirement, then you may face felony penalties. These penalties may include up to three years in jail.
“Drug diversion” provides for qualified defendants to participate in drug treatment instead of going to jail. They may then have their ecstasy possession charges dropped after completing treatment. The crime of simple possession of ecstasy may result in participation in a California drug diversion program instead of prison.
Possession of ecstasy for sale is a felony under California law, leading to up to three years in jail and a fine up to $10,000. Instead of an intention to consume personally, this crime may be charged when the intent is to sell the drug. Drug diversion is not available for the crime of possessing ecstasy for sale. However, if you are initially charged with HS 11378, possession for sale, a skilled Riverside ecstasy defense attorney may be able to negotiate a plea bargain to personal possession charges.
Driving under the influence of ecstasy is a violation of Vehicle Code 23152(f) VC. Essentially, this violates the law against driving under the influence of drugs, meaning that the drug affects your nervous system, brain, or muscles enough that it impairs your ability to safely operate your vehicle.
In most cases, a conviction for DUI of ecstasy is a misdemeanor.
Fighting an ecstasy-related offense may involve asserting a range of legal defenses. Illegal search and seizure may be appropriate if law enforcement conducted a search without a valid warrant, or if they lacked probable cause. If you were subject to police misconduct you may have a legal defense to your criminal charges. Or, if law enforcement fabricated evidence in order to cover up their misconduct, this may serve as a defense. If drug testing of the ecstasy was irregular, this may also be a valid defense.
The most appropriate legal defense depends on the circumstances surrounding your alleged offense. It may be a strong defense if the facts indicate that you were not under the influence. Perhaps you were fatigued, ill, or another impairment affected you. Alternatively, if the elements of the crime were not met, a conviction cannot stand. For example, if you did know of the presence of the drug at the time it was found in your possession, the prosecution will not secure a conviction.
Riverside drug crimes defense Attorney Gregory H. Comings aggressively fights for people facing investigation and criminal charges. Bringing more than 19 years of experience to his legal advocacy, Attorney Comings has helped many clients get their criminal dismissed or reduced. Ecstasy crimes, like other drug crimes, can lead to felony penalties resulting in up to $10,000 in fines and years in prison. To set up a free consultation with Attorney Comings, call (951) 686-3457 or complete our online form.