Definition of Possession of Ecstasy (MDMA)
Under Florida Statute 893.13(6)(a) – A person may not be in actual or constructive possession of a controlled substance. Further, Florida Statute 893.03 MDMA (Ecstasy) is considered a Schedule I controlled substance in Florida.
Penalties for Possession of Ecstasy (MDMA)
Possession of Ecstasy is a third-degree felony under Florida law. The penalties for possession of Ecstasy depends on the amount of drugs involved and may also be enhanced if the purpose is more than personal use. For instance, Florida statute 893.13 enhances the penalties making it unlawful to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.
Possession of more than 10 grams of Ecstasy is a more serious offense of Trafficking in MDMA and will carry a minimum mandatory prison sentence if convicted. A simple possession of less than 10 grams of Ecstasy (MDMA) will face the following penalties:
- Up to five years in prison
- Up to five years of probation
- Up to $5,000 in fines
- Driver’s license suspension for a minimum of 6 months
- Possible property or vehicle seizure or forfeiture
How is “Possession” Defined Under Florida Law
Possession is having, holding or exercising power or control over an item. They say that “possession” is nine-tenths of the law. In this case, they are correct. Police do not need to prove that you are the owner of Ecstasy found on your person, in your home, or in your vehicle. They need to prove that you knew that the Ecstasy was there. While this is not necessarily simple, saying that the Ecstasy “is not yours” will not be an adequate defense under Florida law. You will need to prove that you did not know about it. We often deal with three different types of possession – Actual Possession, Constructive possession and Joint possession.
- Actual possession – MDMA is in your hand, in your pocket or so close to you that you have control over it.
- Constructive possession – the MDMA is in place that you have control over or attempted to hide. To prove constructive possession, the government must show that you had control over the Ecstasy and that you knew the Ecstasy was there.
- Joint Possession – this is where two or more people have control over the MDMA. Each person who is in control can be considered in possession of the same MDMA.
Defenses to Possession of Ecstasy (MDMA) Charges
At Moses & Rooth, we have extensive experience handling MDMA possession charges on behalf of our clients. After evaluating your case, we will help you determine your best legal strategy. In some cases, law enforcement engages in an illegal search and seizure. We may be able to argue that law enforcement officers engaged in an unlawful search and seizure when they uncovered the Ecstasy in your possession.
You may have not known that you were in possession of Ecstasy or MDMA. Or, you might have known you were in possession of the drug but not known what it was.
Some of the potential defenses include:
- Mere proximity to the Ecstasy does not establish possession
- Temporary possession
- Knowledge is required. In actual possession the knowledge is presumed however in constructive cases the knowledge of the heroin is not presumed.
- Fourth amendment violation due to unlawful search and seizure – this could be an unlawful search of your vehicle or an unlawful search of your pockets.
- Legally prescribed Ecstasy
What is Ecstasy (MDMA)?
Ecstasy has become more popular in Florida in recent years and has become known as a party drug. Ecstasy usually comes in pill or powder form. It’s a hallucinogenic drug that gives users an addictive euphoric high often times increasing motor activity, heart rate and blood pressure.
Why You Need to Hire an Experienced Lawyer
If you are facing Ecstasy possession charges, it is important for you to hire a lawyer you can really trust. At Moses & Rooth, we give all of our clients the individualized attention that they deserve. We understand how overwhelming it can be for our clients to undergo the criminal justice process. Every year, prosecutors charge innocent people with drug possession crimes in Florida. Contact our law firm as soon as possible to schedule your free case evaluation and learn how we can fight for you.
Possession of Ecstasy Resources
Florida Statute 893.13(6)(a) – Possession of Controlled Substance Statute
Florida Statute 893.03(2)(b)9 – Ecstasy listed as a Schedule II drug
Florida Statute 322.055 – driver’s license suspension for drug conviction
Florida Statute 893.21 – overdose possession
Some Ecstasy Street Terms
Molly, MDMA, E, X, XTC, Beans, Biscuit, Disco Biscuit, Hug Drug, Lover’s Speed and Mandy