The drug 3, 4-methylenedioxymethamphetamine is more commonly known as Ecstasy or MDMA, but it can also be referred to simply as “E,” “X,” or “XTC.” Possession of this drug is illegal in most countries as well as throughout the United States, including Texas.
While Texas Health and Safety Code Annotated § 481.103 includes Ecstasy in Penalty Group 2, federal law lists MDMA as a Schedule I controlled substance. This means that any charges relating to possession of the drug can have very serious consequences at both the state and federal levels, including heavy fines and a lengthy term of imprisonment.
MDMA / Ecstasy Arrests Defense Lawyer in Denton, Frisco, Lewisville, and Flower Mound, TX
If you were arrested for possession of MDMA or Ecstasy in the greater Plano area, you need to take the criminal charges very seriously. Do not wait to get an experienced criminal defense attorney on your side.
The Law Offices of Richard C. McConathy has handled scores of illegal drug cases in North Texas and knows how to craft a winning argument. Let us take a closer look at your case and tell you what we can do for you when you call (940) 222-8004 or contact us online to set up a consultation.
MDMA / Ecstasy Arrests Charges in Denton
Penalties and offense classifications for simple MDMA possession depend on the weight involved:
| Amount | Classification | Penalties |
|---|---|---|
| Less than 1 gram | State Jail Felony | Mandatory minimum of 180 days up to two years in county jail and fines of up to $10,000 |
| 1 gram or more, but less than 4 grams | Second-Degree Felony | Mandatory minimum of two years up to 10 years in prison and fines of up to $10,000 |
| 4 grams, but less than 400 grams | First-Degree Felony | Mandatory minimum of two years up to 20 years in prison and fines of up to $10,000 |
| 400 grams or more | Enhanced First-Degree Felony | Mandatory minimum of five years up to life sentence in prison and fines of up to $50,000 |
If you are facing Ecstasy charges relating to the delivery, manufacturing, or possession with intent to deliver, you may be facing more serious penalties, depending on the weight of the drugs seized:
| Amount | Classification | Penalties |
|---|---|---|
| Less than 1 gram | State Jail Felony | Mandatory minimum of 180 days up to two years in county jail and fines of up to $10,000 |
| 1 gram or more, but less than 4 grams | Third-Degree Felony | Mandatory minimum of two years up to 10 years in prison and fines of up to $10,000 |
| 4 grams, but less than 400 grams | Second-Degree Felony | Mandatory minimum of two years up to 20 years in prison and fines of up to $10,000 |
| 400 grams or more | Enhanced First-Degree Felony | Mandatory minimum of five years up to life sentence in prison and fines of up to $50,000 |
It should be noted that the level of the offense may be enhanced if the alleged offender was arrested for delivering, manufacturing, or possessing with intent to deliver Ecstasy in a Drug-Free Zone. These can include:
- On a school bus
- Within 300 feet of:
- Public swimming pool
- Video arcade
- Within 1,000 feet of:
- Institution of higher learning
- Playground
- Private youth center
- Public youth center
- School
- School board
At the federal level, the same standard for drug-related penalties does not exist. Instead, federal offenses related to ecstasy possession are primarily determined by the nature of the criminal act and the individual’s criminal history.
This is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug convictions.
- Denial of Federal Benefits, 21 U.S.C. § 862 — A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
- Forfeiture of Personal Property and Real Estate, 21 U.S.C. § 853 — Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.
- Federal Drug Trafficking Penalties, 21 U.S.C. § 841 — Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The list below is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe. If death or serious bodily injury results from the use of a controlled substance that has been illegally distributed, the person convicted on federal charges of distributing the substance faces a mandatory life sentence and fines ranging up to $8 million. Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
- Federal Drug Possession Penalties — Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.
A federal sentence for distributing (or possessing with intent to distribute) MDMA, or for conspiracy to distribute MDMA, depends upon whether the defendant has a prior drug conviction under state or federal law and whether a serious injury or death resulting from use of the distributed drug. If serious injury or death results from the distribution of MDMA, a mandatory minimum penalty applies.
- No injury – First offense: Maximum sentence of 20 years. Second or subsequent offense: Maximum sentence of 30 years.
- Serious injury or death: First offense: Minimum sentence of 20 years, maximum of life. Second or subsequent offense: Minimum sentence of life.
The maximum penalties described above may increase substantially and different mandatory minimum penalties may apply if:
- The drug was distributed to a person under the age of 21;
- The drug was distributed to a pregnant woman;
- Minors were employed to assist in the commission of the offense; or
- Distribution occurred near a protected area.
MDMA / Ecstasy Arrests Defenses in Texas
If you are facing any type of MDMA offense, some of the possible defenses that can help result in a reduction or dismissal of the charges against you may include, but are not limited to:
- Crime lab analysis errors
- Ecstasy belonged to another person
- Entrapment
- Illegal search and seizure
- Inaccurate amount of MDMA
- Improperly obtained search warrant
- Lack of evidence
- Lack of probable cause
- Missing Ecstasy
MDMA / Ecstasy Arrests Resources in Denton County
MDMA (Ecstasy/Molly) DrugFacts | National Institute on Drug Abuse (NIDA) — Visit the official NIDA website to learn more about Ecstasy, Molly, and MDMA. Find out how people use the drug and what the effects on the brain are. Also, find information about other health effects and how addictive the drugs are.
Ecstasy | Centre for Addiction and Mental Health (CAMH) — This Canadian website contains a lot of information about Ecstasy and MDMA. Learn what it is, where it comes from, and what it looks like. Also learn about how it makes you feel, how long the feeling lasts, and how dangerous the drug is.
Multidisciplinary Association for Psychedelic Studies (MAPS) — Founded in 1986, the Multidisciplinary Association for Psychedelic Studies (MAPS) is a 501(c)(3) non-profit research and educational organization that develops medical, legal, and cultural contexts for people to benefit from the careful uses of psychedelics and marijuana. Use this link to learn about the benefits of MDMA-assisted therapy. There are a number of other articles and studies.
“Party Drugs”/MDMA/Ecstasy: Factsheet – Positive Choices — Visit this website to find statistics about MDMA and Ecstasy use. Also, find more about the difference between immediate and long-term effects of usage. This factsheet was developed following an expert review by researchers at the Matilda Centre for Research in Mental Health and Substance Use at the University of Sydney, the National Drug & Alcohol Research Centre at the University of New South Wales, and the National Drug Research Institute at Curtin University.
Find A Denton County Defense Attorney for MDMA / Ecstasy Charges | Law Offices of Richard C. McConathy
Were you arrested for using or possessing MDMA or Ecstasy in Plano or a surrounding area of Collin County? Do not wait to get yourself legal help.
The Law Offices of Richard C. McConathy knows how these kinds of charges can affect young people and works to make sure they are able to avoid serious consequences. Let us have a look at your case when you call (940) 222-8004 or contact us online to receive a confidential consultation.