Penalties for schedule 1 narcotics offenses are severe. Depending on the amount of drugs seized, a first offense conviction could mean a prison term of up to 10 or more years plus excessive fines.
Our lawyers in L.A. at
Hedding Law Firm have a combined 75 years of experience and have handled thousand of narcotics cases
As mentioned, schedule I drugs are the drugs that carry the severe penalties.
MDMA (methylenedioxymethamphetamine) is a controlled substance also known as ecstasy.
Under Federal law, ecstasy is a Schedule I drug meaning it is highly addictive and has no medical purpose.
If you are convicted of manufacturing/distributing 50 grams or more of ecstasy, you may be sentenced to prison sentence for 10 years to life and/or be required to pay a fine of up to $4 million.
Possession of ecstasy in California is a wobbler offense, meaning it can either be charged as a felony or misdemeanor depending on the circumstances of your case and your criminal history.
If you are convicted of possessing a personal use amount of MDMA in California, you face a maximum of 1 year in the county jail or state prison if charged as a misdemeanor; if charged as a felony then 16 moths-3 years and maximum of $10,000 fine.
If you meet the following 6 criteria, you may be eligible for diversion
(1) you have no priors involving controlled substances.
(2) The offense charged did not involve a crime of violence or threatened violence
(3) There is no evidence of other violations relating to narcotics or restricted dangerous drugs
(4) Your record does not show revocation of probation or parole without completion
(5) Your record does not show that you have successfully completed or been terminated from diversion within five years prior to the alleged charge.
(6) You have no prior felony conviction within five years
If you have been convicted of possessing ecstasy for personal use and meet all the 6 criteria, then you may enter a conditional plea of guilty and if you complete the diversion program successfully, then the plea is set aside and you will not receive a criminal record.
If you are being charged with possession with intent to sell ecstasy, then you may face 1-3 years in jail; diversion is not an option.
If you are facing drug charges, under federal or state laws, involving the controlled substance ecstasy, contact our
drug attorneys in L.A. and set up a free face to face consultation immediately.