You may have heard stories about drug trafficking charges and severe penalties. In California, just like every other state, the laws are constantly changing, and it can be hard to know what a conviction could mean for you. You deserve to know whether taking ecstasy across city or county lines counts as a felony.
Read up on the laws surrounding drug possession and ecstasy to find out what actions could get you charged with a felony. Then, if you have questions about your own case, don’t hesitate to get a free consultation with a Simmrin Law Group lawyer who can tell you what penalties you might be facing.
What Happens When You Get Caught With Ecstasy?
When you’re caught with ecstasy, there is a range of different things that could happen – and crimes you could be charged with – depending on the details surrounding your situation. Being caught with ecstasy could result in charges such as:
- Drug possession
- Possession with intent to sell
- Drug manufacturing
- Drug trafficking
These all have different penalties, and the harshness of your punishment could depend on the amount of ecstasy that you had in your possession. For example, if you have a small amount of ecstasy and it’s apparent you were not planning to distribute it, then you could receive a lesser charge.
Schedule I Drugs
The Drug Enforcement Administration (DEA) considers ecstasy a Schedule I drug, meaning it is a highly abusable drug with no known medical uses. That means state and federal courts are more likely to be harsh in their sentencing of the drug. Penalties for ecstasy crimes in California can include:
- A fine anywhere from $1,000 to $10,000 for possession, as well as between one and three years in prison
- Up to $10,000 in fines and three years in prison for possession with intent to sell
- Up to $10,000 in fines and nine years in prison for trafficking
These are the harshest punishments that you could receive for ecstasy charges, though. A drug crimes lawyer in California could be able to get your charges reduced or even completely dropped. You can get a free consultation with our firm to find out more about your rights and how we can help you.
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Is Possession of Drugs a Felony?
Drug possession can be either a misdemeanor or a felony, depending on the type of drug, the amount of the drug in your possession, and your intentions regarding the drug. The felony status of your crime is often decided on a case-by-case basis by the prosecutor and the judge.
Most of the time, simple drug possession is not a felony. As long as the drug is under a certain amount that would lead to distribution charges, courts usually charge possession of a drug as a misdemeanor. The charge could still be a felony, though, depending on any prior charges you might have, such as sex offenses or other felonies.
However, because ecstasy is a Schedule I drug, there could be a chance that a prosecutor or judge decides that your charge should be a felony. The government is particularly harsh on these types of substances, and the court may want to make an example of you.
If your drug possession conviction is being charged as a felony, you could be able to get the charge reduced to a misdemeanor. To do that, you should have an experienced California drug crimes attorney by your side to negotiate with the prosecution and the court.
Is Transporting Drugs Across County Lines a Felony?
In California, no, it’s actually not a felony to transport drugs across city or county lines. That includes ecstasy. That hasn’t always been the case, though.
Up until 2014, traveling anywhere with ecstasy fell under California Health & Safety Code (HS) §11379, the sale or transport of methamphetamines or ecstasy. That included even transporting ecstasy for personal use.
However, starting on January 1, 2014, to charge someone in California with HS §11379, prosecutors need to prove that the defendant intended to distribute the drug. Otherwise, the offense is simple possession, which is usually a misdemeanor.
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What Happens If You’re Caught Transporting Ecstasy?
Because of the change to HS 11379, if you’re caught transporting ecstasy without the intent to distribute it, you can usually only be charged with a misdemeanor. That means a maximum of a $1,000 fine and a year in prison. However, if you’re charged with the intent to sell, then you could be facing a felony and much harsher penalties.
The situation is different when you’re crossing state lines, though. That could count as drug trafficking–a serious felony offense that threatens up to nine years in prison and $10,000 in fines.
If you’ve been charged with possession of a controlled substance, there’s a chance you could avoid the harshest punishments with the help of a drug crimes lawyer. By negotiating with the prosecution and the judge, an attorney could convince the judge to replace your jail time with a drug diversion program.
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Talk to a Drug Crime Lawyer in California Today
Just because simple possession of ecstasy isn’t a felony doesn’t mean it isn’t a serious offense. The consequences of a conviction can affect you for years–possibly your entire life. Drug crime lawyers Simmrin Law Group can help.
Call us or contact us to get your free consultation with one of our attorneys. We care about your case and want to make sure you get a fair trial.