Ecstasy Defense Lawyer Palm Beach FL

Ecstasy or Molly, commonly known as MDMA, is a moderately widespread drug in Florida and the United States. Ecstasy has a reputation as a "party drug," yet the criminal consequences for using it are anything but fun. Possession of ecstasy does not result in any minor criminal penalties, especially in South Florida. Possession of ecstasy alone is a third-degree felony in which possession of 10 to 200 grams of ecstasy is penalized by a three-year obligatory minimum jail sentence. Florida's drug laws are harsh and if you or a loved one have been charged for MDMA possession or trafficking, you will need the assistance of an experienced West Palm Beach ecstasy defense attorney to safeguard your rights.

Possession is having, holding, or exerting authority or control over something. Police do not need to verify your ownership of ecstasy found on your person, at your house, or even in your vehicle. They must only demonstrate that you were aware of the presence of ecstasy. While this is not always easy, claiming that the ecstasy "is not yours" will not suffice under Florida law and you will have to demonstrate that you were unaware of it which can be done with the help of a Florida drug defense attorney. The most common forms of possession for MDMA and similar drugs are actual possession, constructive possession, and joint possession. Surprisingly, if you are caught with just over 10 grams of ecstasy, you can, and likely will be prosecuted for drug trafficking even if you had no intention of doing so.

How Ecstasy Possession is Defined Under Florida Law

  • Actual possession is defined as MDMA in your hand, in your pocket, or that is so close to you that you have power over it.
  • Constructive possession is defined as having control over or attempting to conceal MDMA. To establish constructive possession, a Florida judge must demonstrate that you had control over the ecstasy and were aware of its presence.
  • Joint Possession is defined as two or more persons controlling the MDMA. Each individual in control is regarded to be in possession of the same MDMA.

Florida Ecstasy Trafficking Charges

It is illegal (a first-degree felony) to intentionally sell, acquire, produce, distribute, or bring into Florida MDMA, according to Florida Statute 893.135. The levels of MDMA found during an arrest will match the potential jail sentence:

  • 10 to 200 grams of ecstasy can result in a minimum three years in jail and a $50,000 fine, with a maximum sentence of 30 years in prison.
  • 200 to 400 grams of ecstasy can result in a minimum sentence of seven years in jail, a mandatory fine of $100,000, and a maximum sentence of 30 years in prison.
  • 400 grams to 30 kilos of ecstasy can result in a minimum of 15 years in jail and a $500,000 fine, with a maximum of 30 years in prison.

Florida drug trafficking laws state that intent counts as doing so. If an individual fails to traffic MDMA and other similar drugs, they can still face a first-degree trafficking felony and three years in prison despite not actually selling the ecstasy. When law enforcement measures a suspect's ecstasy, they also include the dissolvable capsule weight. This artificially increases the defendant's MDMA amount, but it still counts towards penalties. Depending on the individual's prior record and attorney's experience, you or your loved one may serve less than a year if caught with ecstasy in West Palm Beach, FL. 

Ecstasy Defense Lawyer in West Palm Beach

While it can be difficult to get a complete dismissal of MDMA trafficking charges in Florida, there are various ways to keep your record clean if you're only caught using MDMA. The evidence may be thrown out if the stop or search was illegal. Additionally, if you have a minimal record you may qualify for a diversion program that can dismiss your charges. If you or a loved one has been accused of MDMA possession or trafficking in Palm Beach County or Broward County, consult an experienced drug defense attorney at The Law Offices of Matthew Konecky as soon as possible.