Commonly known as Ecstasy, MDMA is a highly addictive hallucinogenic which currently has no accepted medical use in Florida or the United States.
MDMA is a Schedule I controlled substance in Florida, which is illegal to possess in any quantity. Possessing up to 10 grams of MDMA is a third degree felony.
Alternate/Street Names for MDMA
Possessing 10 or more grams of MDMA is considered trafficking, and will be prosecuted as Trafficking in MDMA. A trafficking charge does not require all 10 or more grams to be pure MDMA; as long as the mixture weighs more than 4 grams and contains some amount of MDMA, you can be charged with trafficking MDMA in Florida.
Possession of up to 10 grams of MDMA is a third degree felony in Florida, punishable by up to:
According to Florida drug crime laws, a Possession of MDMA conviction will result in your driver’s license or driving privilege being suspended by the DHSMV for six months. Under Florida’s Criminal Punishment Code, possession of MDMA is a level 3 offense. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony MDMA possession charge.
At Aaron Delgado & Associates, our drug crime lawyers are skilled at defending possession of MDMA charges. There are numerous possible defenses for ecstasy possession that we may be able to take, such as:
If the MDMA was found in a place that at least one other person had access to, it would fall under the law of constructive possession. With constructive possession, the prosecutor must meet a burden of proof before you can be convicted of possession of MDMA. The prosecutor has to prove that you had (1) knowledge of the MDMA’s presence, and (2) dominion and control over the MDMA.
There are numerous scenarios where our drug crime lawyers are able to argue that the prosecutor failed to meet the burden of proof for constructive possession of MDMA in Florida.
It’s not uncommon for law enforcement to coerce or illegally require a person to submit to a body, vehicle, and/or home search. If your drug crime lawyer is able to prove that the evidence against you was obtained as a result of an illegal search and seizure, the court will suppress the evidence from the search.
You may also be able to suppress evidence if your initial arrest was done without probable cause or if an officer obtained a search warrant in bad faith.
If your drug crime lawyer is able to prove that you did not know you were in possession of MDMA, you may be able to get out of the charge. But before you can get out of the charge, you will need to testify to your lack of knowledge about the substance’s illegal nature.
You will be able to use the legal disposal defense for possession of MDMA if the following items are true:
If you needed or were assisting someone who was in need of medical assistance for a drug-related overdose, and your lawyer can prove that the evidence against you was obtained as a result of that need for medical assistance, you will be immune from being prosecuted for possession of MDMA.
If you are briefly in possession of MDMA—without taking ownership, complete dominion, and control over the MDMA—you are not legally “in possession” of it.
You might be temporarily in possession of MDMA if someone asked you to hide it for them during a police encounter; if you temporarily held the MDMA to test it before a drug dealer purchased it; or if you passed the MDMA between the owner and a third person.
If you or a loved one have been charged with possession of MDMA in Daytona Beach or the surrounding areas, do not hesitate to give us a call. Our criminal defense attorneys are here for you 24/7, 365 days a year. Call us today at 386-222-6677 to schedule your free consultation with an experienced Daytona Beach drug crime lawyer and find out how we may be able to help you fight a possession of MDMA charge.