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Simple ecstasy possession is typically a misdemeanor that the court can dismiss without jail if you complete drug diversion. However, trafficking ecstasy is a felony carrying a lengthy prison sentence. In this article, our California criminal defense attorneys summarize the state ecstasy laws including possible penalties and legal defenses:. However, you can often avoid any incarceration and get the charge dismissed if you finish a drug diversion program, such as:. There are situations where you would face felony charges for simple ecstasy possession, such as if you were previously convicted of a sex offense that required you to register as a sex offender. For you to get convicted of trafficking ecstasy, the prosecutor would have to show that you either:. The sentence for trafficking ecstasy is two, three, or four years in California State Prison. Though if the ecstasy was transported across more than two county lines with the intent to sell the ecstasy at the destination, the punishment grows to three, six, or nine years in prison. Note that judges will likely impose the longest sentencing term if you knew — or reasonably should have known — that the recipient of the ecstasy:. Also note that if you are a non-citizen, a trafficking conviction could lead to your deportation. See our related article on manufacturing a controlled substance HS As a Schedule I controlled substance, ecstasy has no accepted medical use. Health and Safety Code HS makes it a criminal offense to be under the influence of drugs in California , even if you are not carrying drugs when the police arrest you. Being under the influence of ecstasy is a misdemeanor carrying up to one year in jail. Though if you complete a diversion program , you may be able to do probation instead of jail and avoid a conviction. Vehicle Code f VC makes it a crime to drive a motor vehicle in California while under the influence of drugs. Driving under the influence of drugs DUID is typically a misdemeanor and punished identically to driving under the influence of alcohol DUI. Here at Shouse Law Group, we have represented literally thousands of people charged with ecstasy crimes. In our experience, the following six defenses have proven very effective with prosecutors, judges, and juries in California:. If we can demonstrate that the police violated your Fourth Amendment rights — for example by neglecting to get a search warrant when one was required — the judge may suppress the ecstasy as evidence. This may then force prosecutors to drop the case for lack of proof. As long as you never would have broken the law but for law enforcement placing you under duress , then you did nothing wrong. Maybe someone secretly planted the ecstasy on you, or maybe a friend mistakenly left it in your car. Unless prosecutors can prove beyond a reasonable doubt you realized the ecstasy was there, then you committed no crime. Sometimes police misinterpret medical episodes such as seizures or diabetic comas as indicators that you are intoxicated from drugs. It is not uncommon for people to face false accusations by someone else out of anger or revenge. Perhaps we can get a possession for sale charge lessened to simple possession by demonstrating there is inadequate evidence that you planned to sell the drugs. For example if you had a gun, we would argue that you did not carry it for drug deals and were instead just exercising your Second Amendment freedoms. This form is encrypted and protected by attorney-client confidentiality. Criminal Defense » Laws » Ecstasy Laws. Possessing ecstasy HS 2. Possessing ecstasy for sale HS 3. Transporting or selling ecstasy HS 4. Being under the influence of ecstasy HS 5. DUI of ecstasy f VC 6. How to fight criminal charges Additional resources 1. However, you can often avoid any incarceration and get the charge dismissed if you finish a drug diversion program, such as: Proposition 36 , Penal Code PC , or California drug court. See also California Penal Code California Penal Code PC. California Penal Code People v. Enriquez 42 Cal. See note 7. California Vehicle Code f VC. See note 8. See note See also Young v. Superior Court Cal. Contact Our Firm This form is encrypted and protected by attorney-client confidentiality. Attach another file if needed.

California Ecstasy Laws – What You Need to Know

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Create a Website Account - Manage notification subscriptions, save form progress and more. Ecstasy is typically distributed:. MDMA in its true form works in the brain by increasing the activity levels of at least three neuro-transmitters, serotonin, dopamine, and norepinephrine. MDMA causes these neurotransmitters to be released from their storage sites in neurons result in increased brain activity. By releasing large amounts of serotonin and also interfering with its synthesis, MDMA caused the brain to become significantly depleted of this important neurotransmitter. As a result, it takes the human brain time to rebuild its serotonin levels. Persistent deficits in serotonin are likely responsible for many of the persistent behavioral effects that the user experiences. The pills can be of various sizes and colors. Imprinted designs on the pills are not uncommon. The drug can be used to reduce inhibitions and eliminate anxiety and produces feelings of empathy for others. Skip to Main Content. Website Sign In. Physical Reaction MDMA in its true form works in the brain by increasing the activity levels of at least three neuro-transmitters, serotonin, dopamine, and norepinephrine. Do Not Show Again Close. Arrow Left Arrow Right.

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