Ecstasy – also known as X, XTC, MDMA or “molly” – is a hugely popular club drug that is regularly consumed in the Houston area. However, the penalties for the possession of Ecstasy can be severe and lead to long-lasting consequences. All cases of possession of Ecstasy in Texas are treated as felonies. If you are arrested and charged with the possession of ecstasy, an experienced criminal defense attorney can help you keep a felony conviction for possession off of your record.
What is Ecstasy?
The chemical name of Ecstasy is 3,4-Methylenedioxymethamphetamine. It is most commonly referred to as Ecstasy or Molly. Ecstasy is a “designer drug” (in other words, a compound not occurring naturally in nature) that was first synthesized in 1912 and is chemically similar to other amphetamines. In the United States, Ecstasy became popular as a therapeutic aid (sometimes referred to as an empathogen) before becoming a popular club drug in the 1980s rave culture. It is sometimes considered a psychedelic drug, although it does not have many of the same characteristics of “classic” psychedelic drugs such as LSD, psilocybin, or mescaline. Ecstasy became illegal in 1985 after the DEA placed an emergency ban on the substance. MDMA is typically sold in pill form or powdered crystals. In the Houston area, Ecstasy is one of the most commonly used illicit drugs.
What are the potential punishments for possession of Ecstasy in Texas?
Under Texas Health and Safety Code 481.103(1), possession of Ecstasy is considered a Penalty Group 2 drug. Other than Ecstasy, Penalty Group 2 includes other psychedelic compounds such as mescaline, LSD, DMT, psilocybin as well as other compounds such as PCP.
Under Texas Health Code 481.116, possession of substances in Penalty Group 2 is subject to the following potential sentences, based on weight (including any adulterants or dilutants):
- Less than one gram: State jail felony punishable by up to 2 years in jail and a $10,000 fine.
- 1-4 grams: Third-degree felony punishable by 2-10 years and a fine of up to $10,000.
- 4-400 grams: Second-degree felony punishable by 2-20 years and a fine of up to $10,000.
- 400 grams or more: A potential prison sentence of 5-99 years and a fine of up to $50,000.
What are the potential punishments for delivery or manufacture of Ecstasy in Texas?
The penalties for those accused of delivery or manufacture of Ecstasy can be significantly more severe. Both “delivery” and “manufacture” are terms that are defined by statute. Delivery is defined to include actual or “constructive” delivery (for example, leaving Ecstasy in a spot for another to pick up). Manufacturing can include the production, compounding, synthesis, and even packaging of the Ecstasy. Under Texas Health and Safety Code 481.113 the delivery or manufacture of Ecstasy is subject to the following punishments:
- Less than one gram: State jail felony punishable by up to 2 years in jail and a $10,000 fine.
- 1-4 grams: Second-degree felony punishable by 2-20 years and a fine of up to $10,000.
- 4-400 grams: First-degree felony punishable by 5-99 years and a fine of up to $10,000.
- 400 grams or more: A potential prison sentence of 10-99 years and a fine of up to $100,000.
How can I get my Ecstasy case dismissed?
In order to get your Ecstasy case dismissed, your criminal defense attorney first needs to obtain the evidence. In any case, alleging the possession of drugs, it is critical that your attorney challenge every aspect of the investigation including the basis for the detention, search, interrogation, and the work done by the laboratory to identify the alleged controlled substance.
By their nature, drug cases almost always involve searches of a car, a person, or a home. It is critical that a defense attorney question the officer’s right to detain a person and conduct a search or interrogation that led to the discovery of drugs. If a defendant’s rights under the United States or Texas Constitution have been violated, then a criminal defense attorney should ask that the evidence gained as a result of the illegal behavior be “suppressed” (i.e., not permitted in court). There are countless ways that law enforcement can violate the rights of a defendant. Recently, Ceja Law Firm represented a young man who had his vehicle searched without justification which led to the discovery of a single Ecstasy pill. The fact that we were able to show that the police did not have the right to search the car eventually led to the case being dismissed. An argument that some aspect of the investigation that led to an Ecstasy arrest was illegal is typically raised at a suppression hearing before or during a trial. In these situations, an experienced attorney can make all of the difference.
In drug cases, lack of knowledge is also a very common defense. The State of Texas must prove that you were aware that you possessed Ecstasy. For example, if you were driving your friend’s car and were not aware that there was a loose Ecstasy tablet in the backseat, you are not guilty of possession of Ecstasy because you did not know the pill was there and did not intentionally possess it.
Finally, if your case involves possession of less than one gram, there is a statutory defense available for possession of Ecstasy in cases involving overdoses under certain circumstances. The purpose of this defense is to encourage people to call for help in cases of overdoses. This defense must be established by the defendant.
Even if it appears that the evidence against you is strong and there is no flagrant violation of your rights, it is often possible to obtain a dismissal if you possessed a small amount (personal use) of Ecstasy and have a limited criminal history. In the Houston area, many prosecutors are sympathetic toward many first-time drug users and are making an effort to prioritize treatment over punishment. In these cases, it may be possible to obtain a pre-trial diversion that would lead to the dismissal of your Ecstasy case.
Attorney Jose Ceja is a former drug prosecutor who has handled thousands of drug cases in his career. He is well-versed in search and seizure law and is an excellent choice if you are arrested for the possession of Ecstasy anywhere in the Greater Houston area. Call today to schedule a free consultation.
