Cali buying Ecstasy

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Cali buying Ecstasy

We fight for justice and human rights, and advocate passionately for our clients every step of the way. Expanded Access is a program that allows the use of an investigational drug under a Treatment Protocol for people facing a serious or life-threatening condition for whom currently available treatments have not worked, and who are unable to participate in Phase 3 Clinical Trials. While promising medical research continues, the market for illegal MDMA remains significant. The MDMA trafficking trends at the national level are described in more detail below. Is there a viable medical defense? What about a religious defense? People v. Davi s 57 Cal. An analog is defined as a substance that 1 has a substantially similar chemical structure as a controlled substance, or 2 has, is represented as having, or is intended to have, a substantially similar or greater stimulant, depressant, or hallucinogenic effect on the central nervous system as a controlled substance. In sum, the Supreme Court reversed the convictions for insufficient evidence. For example, an analog of methamphetamine is treated the same as methamphetamine, an analog of amphetamine is treated the same as amphetamine, and an analog of MDA is treated the same as MDA. Pursuant to Proposition 36, anyone charged with personal use, possession for personal use, or transportation for personal use of such controlled substance amphetamine, methamphetamine, MDA, or their analogs , may qualify for drug treatment instead of jail. Courts must impose, as a condition of probation, completion of a drug treatment program not to exceed 12 months, with optional aftercare of up to six months. The scope of Proposition 36 is narrow and does not apply to sales-related offenses. The crime is classified as a non-reducible felony subject to sentencing pursuant to Penal Code Section h , which generally means up to three years in the county jail. Moreover, Health and Safety Code Section forbids numerous activities as felonies which are generally punishable by up to four years in the county jail. The case law interpreting Health and Safety Code Section is draconian. For example, in People v. Patterson 72 Cal. Let us consider the following thought experiment. The vehicle is pulled over for speeding on near Page Mill. The driver is nervous, and the officer starts asking lots of questions. The person is arrested; the MDMA is seized and sent to the crime lab for analysis. Because the City and County of San Francisco is not contiguous with the County of Santa Clara one has to travel through either San Mateo County or Alameda County , such transportation for sale would constitute a non-reducible felony punishable by three, six, or nine years in the county jail, depending on the circumstances. It makes no difference that the person intended to sell the MDMA at cost; the law does not require that the seller intend to make a profit, only that the seller intend to make a sale. Could there be a viable medical defense outside of clinical treatment by medical professionals? Possibly, if one can establish medical necessity by showing that the person has no adequate alternatives to the charged conduct. Realistically, depending on the circumstances, it would be an uphill battle given that criminal courts tend to be skeptical of the medical necessity defense. Trippett 56 Cal. On the other hand, one can imagine a situation where a Court would allow a medical necessity defense for a veteran who is self-medicating with MDMA for PTSD after exhausting all other treatment options, as long as the circumstances show that the MDMA is intended solely for personal medical use. As one can also read in the Trippett decision, criminal courts tend to be skeptical of the religious defense and treat such claims dismissively. Absent express statutory protections, a religious defense based on the First Amendment is not viable given United States Supreme Court precedent such as Employment Division v. Smith , which held that the First Amendment does not require states to accommodate illegal acts performed in pursuit of religious beliefs, and City of Boerne v. A different approach would be to rely on the Free Exercise Clause of the California Constitution, which provides, in pertinent part:. Free exercise and enjoyment of religion without discrimination of preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace and safety of the State. The Legislature shall make no law respecting an establishment of religion. As the Background Paper notes, there is considerable ambiguity about the level of judicial scrutiny afforded by the Free Exercise Clause of the California Constitution. The California Supreme Court has declined to decide the question of whether the compelling interest test applies when the Free Exercise Clause of the California Constitution is invoked, leaving open for a future day the question of the scope of state constitutional protections for the religious use of MDMA. The time has come to update the legal landscape pertaining to MDMA in California, and we look forward to future legislation that not only respects the mental autonomy of individuals but also advances cognitive liberty. This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding psychedelics law in California, please contact the Law Offices of Omar Figueroa at or info omarfigueroa. Omar Figueroa and Lauren Mendelsohn are licensed in California. Andrew Kingsdale is licensed in California and New York. The information on this page is provided as a public service and is not intended, nor should be construed, as legal advice. Prior results do not guarantee a similar outcome. Subscribe to our newsletter. Newsletter Subscription First Name Email address:. Website by www. Open toolbar Accessibility Tools.

California Ecstasy Laws – What You Need to Know

Cali buying Ecstasy

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.

Cali buying Ecstasy