MDMA Trafficking convictions impose strict mandatory minimum prison sentences and hefty fines in the state of Florida.
According to Florida Statute 893.135(1)(k)(1), the crime of Trafficking in MDMA has been committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 10 or more grams of MDMA.
If someone is apprehended trafficking in MDMA, the minimum punishments they face are determined by the below MDMA trafficking thresholds:
The trafficking weight is determined by the combined weight of the MDMA pills, not by the aggregate dosages.
Because of this, a person could have a handful of MDMA pills whose combined dosage is under 10 grams of MDMA, but because the pills weigh over 10 grams, that individual would be guilty of Trafficking in MDMA, as opposed to simple Possession of MDMA.
MDMA Trafficking is considered a First Degree Felony and, depending on the amount of MDMA confiscated, is assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.
Under Florida law the minimum sentences are determined based on whether you are convicted of:
Trafficking in 10 to 200 grams of MDMA
If a person is convicted of Trafficking in 10 grams or more, but less than 200 grams of MDMA, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 3 years in prison and a $50,000 fine.
Trafficking in 200 to 400 grams, of MDMA
If a person is convicted of Trafficking in 200 grams or more, but less than 40 grams of MDMA, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 7 years in prison and a $100,000 fine.
Trafficking in 400 grams to 30 kilograms of MDMA
If a person is convicted of Trafficking in 400 grams or more, but less than 30 kilograms of MDMA, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 15 years in prison and a $500,000 fine.
According to Florida Statute 322.055, an individual convicted of MDMA Trafficking will have their driver’s license suspended for six months by the Florida DHSMV.
According to Florida Statute 893.11, an individual convicted of MDMA Trafficking will be subject to the immediate suspension of any Florida Professional License that authorizes the practicing of a profession or trade.
Entrapment takes place when an undercover officer or confidential informant induces a person to commit a criminal act that the person would likely not have committed otherwise. If it can be proven that you were entrapped, a judge can dismiss all charges levied against you.
Illegal Search and Seizure
In many instances, police go beyond the scope of their authority and make people submit to vehicular, home, or body searches; or coerce a person into agreeing to a search. If it can be proven that either instance occurred, the judge will suppress the resulting evidence, since it was obtained illegally.
The prosecution can only prove you were in the possession of MDMA with the intent to traffic in one of two ways:
In order to prove that you actually possessed MDMA, the prosecutor needs to show evidence that the MDMA was found on your person.
If the MDMA was found in a place where multiple people had access, the prosecutor would have a much harder time proving you possessed the MDMA since they would be required to comply with the law of constructive possession.
Constructive possession necessitates that the prosecutor prove each of three distinct elements before you can be convicted:
Alternate/Street Names for MDMA
If you or someone you know has been arrested for MDMA Trafficking and needs legal assistance, please call us at 386-222-6677 so we can promptly begin defending your case.