Ecstasy, also known as MDMA or Molly, is a controlled substance that is illegal to possess or distribute in any amount. Since it is not considered a medical substance by law, there is currently no prescription that would legalize possession of the drug. Those convicted of possession or other crimes related to ecstasy can face significant jail sentences and other penalties, which is why you should not hesitate to contact a trial attorney before going to court.
Ecstasy is classified as a Schedule I drug by the federal government and is prohibited by every state in the country. While the federal government does maintain strict recommendations for sentencing those convicted of ecstasy crimes, states have their own laws governing the specifics. Judges have some room for personal discretion when deciding the penalties for a specific case.
Types of Ecstasy Charges in New York
Severity of the charges depends on the amount of ecstasy in the defendant’s possession as well as activities that could indicate intent to distribute the drug. Individuals arrested for possession of less than 25mg of the substance face prosecution for 7th degree criminal possession. The charges escalate to 4th degree for amounts greater than 25mg, 3rd degree for more than 5g and 2nd degree for amounts over 25 grams.
As a Class A misdemeanor, even 7th degree possession charges can carry sentences of up to a year in jail in addition to other penalties. Offenders convicted of 4th degree can be imprisoned for more than 5 years, while higher degrees can reach up to 14 years or more. Individuals convicted of a repeat offense face lengthier sentences, as well as those who have been convicted of a violent crime in the past. All possession charges also come with a minimum fine of $1,000, while subsequent convictions raise this amount to $2,500 and $5,000.
Many people charged with possession are also charged with intent to distribute. Since intent to sell is a separate crime, a conviction on both counts can lead to years in jail for the defendant. Those convicted of selling or intending to sell any amount of ecstasy can be punished with up to 20 years in jail and a maximum fine of $1,000,000. This penalty increases for amounts over 5 grams.
Defending Against Drug Possession Charges
While some people carry strong personal belief that ecstasy and other controlled substances aren’t harmful, that does little to influence the court decision. Charges of possession or sale of the drug are criminal offenses, so you should not proceed to court without an experienced trial attorney at your side. Even if there is a strong case against you, our legal team can find opportunities for you to mount the best defense possible in the court room.
Raiser & Kenniff was founded by former prosecutors who have a firm grasp on current laws and how to make a good case. There is no substitute for decades of experience when it comes to misdemeanor and felony charges. This type of conviction can shape your entire future, which is why we do everything we can to help you overcome the legal obstacles that threaten your way of life.