MDMA/Ecstasy Charges
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Possession of MDMA

MDMA is a hallucinogenic drug contracted from 3,4-methylenedioxymethamphetamine, which is classified as a Schedule I controlled substance under the federal Controlled Substances Act (CSA) and Florida Statute § 893.03. According to the National Institute on Drug Abuse (NIDA), some psychiatrists began using MDMA as a psychotherapeutic tool—with some referring to it as "penicillin for the soul"—before the drug became available on the street and the United States Drug Enforcement Administration (DEA) ultimately banned the drug in 1985.

Today, MDMA goes by a variety of street names. The tablet form of the drug is commonly called ecstasy (also referred to by simple initials such as E, X, or XTC), and a popular powder form is known as Molly. Other names include Adam, beans, and Scooby Snacks.

A person who is under the influence of MDMA is often said to be “rolling,” and the drug gained popularity—and remains popular—at raves and dance clubs because of its sensory effects. Possession of even a small amount of ecstasy in Florida is a felony offense punishable by a lengthy prison sentence and thousands of dollars in fines.

Melbourne Lawyer for MDMA Charges

If you were recently charged with allegedly possessing, selling, manufacturing, delivering, or purchasing ecstasy in Florida, it is in your best interest to immediately retain legal counsel. Law Offices of Germain & McCarthy, LLC represents clients accused of these types of drug crimes in communities throughout Brevard County, Orange County, Volusia County, Seminole County, Indian River County, and Osceola County.

Brevard County drug crime attorneys Mark Germain and Bryan McCarthy have more than two decades of combined legal experience. You can have them evaluate your case by calling (321) 253-3447 right now to take advantage of a completely free initial consultation.


Brevard County Ecstasy Charges Information Center


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Molly Possession Penalties in Florida

A person who possesses, sells, manufactures, delivers, purchases, or possesses with intent to sell, manufacture, or deliver less than 10 grams of MDMA will be charged with a third-degree felony under Florida Statute § 893.13. If an alleged offender is convicted, the court could order the following punishments:

  • Up to five years in prison;
  • A fine of up to $5,000; and/or
  • Driver’s license revoked for one year by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

Possession, sale, manufactures, delivers, purchases, or possesses with intent to sell, manufacture, or deliver less than 10 grams of ecstasy can be upgraded to a second-degree felony if the alleged offense occurs in certain places. Criminal charges are aggravated when a person allegedly commits this crime in, on, or within 1,000 feet of the real property comprising any of the following locations:

  • A child care facility between the hours of 6 a.m. and 12 midnight;
  • A convenience business;
  • A physical place for worship at which a church or religious organization regularly conducts religious services;
  • A public housing facility;
  • A public or private college, university, or other postsecondary educational institution;
  • A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight;
  • A state, county, or municipal park, community center, or publicly owned recreational facility; or
  • An assisted living facility.

If a person is convicted of second-degree felony Molly charges, the court may order the following punishments:

  • Up to 15 years in prison;
  • A fine of up to $10,000; and/or
  • Driver’s license revoked for one year by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

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MDMA Trafficking Penalties in Melbourne

It is important to note that when a person is arrested for a criminal offense involving ecstasy, the amount of drug he or she allegedly possessed is based on the total weight of the pills that were in his or her possession, not the amount of pure MDMA that was in the pills. This is a critical distinction because when an alleged offender is charged with possessing, selling, manufacturing, delivering, purchasing, or possessing with intent to sell, manufacture, or deliver 10 grams or more of Molly, this crime becomes a trafficking offense.

A MDMA trafficking crime is classified as a first-degree punishable by up to 30 years in prison, but these types of charges can also result in very harsh mandatory minimum sentences. Minimum terms of imprisonment and fines are based on the amount of ecstasy allegedly involved:

  • 10 Grams or More, But Less Than 200 Grams — At least three years in prison and $50,000 fine;
  • 200 Grams or More, But Less Than 400 Grams — At least seven years in prison and $100,000 fine; or
  • 400 Grams or More, But Less Than 30 Kilograms — At least 15 years in prison and $250,000 fine.

When an alleged offense involves 30 kilograms or more of Molly, this crime becomes classified as a capital felony. A person convicted of this crime is subject to life imprisonment with no eligibility for parole, but it is also possible that an alleged offender could be sentenced to death if the prosecutor claims that the criminal offense resulted in the death of another person.


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Brevard County Defenses Against Ecstasy Charges

Despite the extremely serious penalties that are possible in MDMA cases, there may be several legal defenses against the criminal charges. Every case is different, but police officers and prosecutors frequently commit many of the same mistakes.

Charges can be reduced or dismissed if your case involved any of the following types of defenses:

  • Crime lab analysis errors;
  • Drug measurement errors;
  • Duress;
  • Entrapment;
  • Insufficient evidence;
  • Unknowing possession; or
  • Unlawful search and seizure.

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Florida Resources for MDMA Charges

Community Treatment Center (CTC) — Originally established in 1969, CTC is a non-profit organization dedicated to its mission of providing “the highest quality of treatment services to adult substance abusers with co-occurring disorders in North, Central, and South Brevard County.” You can learn more about CTC’s various programs, upcoming events, and where facilities are located.

1215 Lake Drive
Cocoa, FL 32922
(321) 632-5958

An Examination of Federal Sentencing Guidelines' Treatment of MDMA ('Ecstasy') — Florida’s drug schedules largely mirror the classifications established under the federal CSA. Numerous parties, including the American Civil Liberties Union (ACLU), have argued that ecstasy’s classification as Schedule I controlled substance is based on outdated science. This paper by Belmont University College of Law graduate Alyssa C. Hennig analyzes the MDMA drug equivalency ratio under the current United States Federal Sentencing Guidelines, comparing the current MDMA drug equivalency ratio to the former 100:1 crack cocaine-to-powder cocaine ratio that resulted in excessive prison sentences.


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Find a Lawyer for Ecstasy Charges in Melbourne

Were you recently arrested for possessing, selling, manufacturing, delivering, purchasing, or possessing or with intent to sell, manufacture, or deliver Molly in Florida? You need to seek legal representation at the Law Offices of Germain & McCarthy, LLC as soon as possible.

Law Offices of Germain & McCarthy, LLC aggressively defends clients all over the greater Melbourne area against drug charges, including parts of Osceola County, Indian River County, Seminole County, Volusia County, Orange County, and Brevard County. Our Melbourne criminal defense attorneys can review your case as soon as you call (321) 253-3447 to schedule a free, confidential consultation.

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