Originally used in psychotherapy, 3,4-Methylenedioxymethamphetamine (MDMA) grew to become a very popular drug of choice at all-night dance parties (or “raves”). Today, MDMA is more commonly referred to as Ecstasy, Molly, or simply X.
MDMA is classified as a Schedule I controlled substance under both the federal Controlled Substances Act (CSA) and the Texas Department of State Health Services’ Schedules of Controlled Substances, although it is listed under Penalty Group 2 in Texas Health and Safety Code § 481.103. People charged with Ecstasy or Molly possession offenses can face very serious criminal charges that may result in lengthy prison sentences and steep fines.
Attorney for MDMA / Ecstasy Possession Arrests in Georgetown, TX
Were you arrested in Central Texas for allegedly possessing MDMA? You should refuse to make any kind of statement to authorities until you have legal representation. Contact Price & Twine, PLLC as soon as possible.
Georgetown criminal defense lawyer Michael J. Price defends clients all over Williamson County and Bell County accused of drug crimes, including Belton, Cedar Park, Georgetown, Harker Heights, Hutto, and several surrounding areas. You can have him provide a complete evaluation of your case when you call (512) 354-1880 to schedule a free, confidential consultation.
Overview of MDMA / Ecstasy Possession Crimes in Texas
- How are these types of drug crimes classified?
- When might the penalties be enhanced?
- Where can I find more information about MDMA and Ecstasy possession in Georgetown?
MDMA / Ecstasy Possession Penalties in Williamson County
Under Texas Health and Safety Code § 481.116, knowing or intentional possession of a controlled substance in Penalty Group 2 offenses are graded according to the amount of the illegal drug in question. Depending on the quantity of MDMA a person allegedly possessed, that individuals could face the following charges:
- Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
- 1 Gram or More, But Less Than 4 Grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;
- 4 Grams or More, But Less Than 400 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000; or
- 400 Grams or More — Enhanced first-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000.
Texas Health and Safety Code § 481.113 establishes penalties that even more severe if an alleged offender is accused of knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance listed in Penalty Group 2, such as Ecstasy. Under this statute, convictions can result in the following sentences:
- Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
- 1 Gram or More, But Less Than 4 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;
- 4 Grams or More, But Less Than 400 Grams — First-degree felony punishable by minimum of five years up to 99 years or life in prison and/or a fine of up to $10,000; or
- 400 Grams or More — Enhanced first-degree felony punishable by minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.
MDMA / Ecstasy Possession Penalty Enhancements in Georgetown
The classification of MDMA possession crimes can be enhanced if an alleged offense occurred in certain drug-free zones. Texas Health and Safety Code § 481.134 provides the following definitions pertaining to drug-free zones:
- Institution of higher education — Any public or private technical institute, junior college, senior college or university, medical or dental unit, or other agency of higher education as defined by Education Code § 61.003;
- Playground — Any outdoor facility that is not on the premises of a school and that is intended for recreation, is open to the public, and contains three or more play stations intended for the recreation of children, such as slides, swing sets, and teeterboards;
- Premises — Real property and all buildings and appurtenances pertaining to the real property;
- School — A private or public elementary or secondary school or a day-care center, as defined by Human Resources Code § 42.002;
- Video arcade facility — Any facility that is open to the public, including persons who are 17 years of age or younger, is intended primarily for the use of pinball or video machines, and contains at least three pinball or video machines.
- Youth center — Any recreational facility or gymnasium that is intended primarily for use by persons who are 17 years of age or younger and regularly provides athletic, civic, or cultural activities.
Under Texas Health and Safety Code § 481.134, alleged offenses in which a person knowingly manufactures, delivers, or possesses with intent to deliver Ecstasy are enhanced one punishment level if the alleged offense was committed in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground, or in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility. Thus, a state jail felony becomes a third-degree felony, a third-degree felony becomes a second-degree felony, and so on.
If an alleged offender knowingly manufactures, delivers, or possesses with intent to deliver one gram or more of MDMA or knowingly or intentionally possesses one gram or more of Ecstasy in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground, or on a school bus, the minimum prison term is increased by five years and the maximum fine for the offense is doubled.
Knowingly manufacturing, delivering, or possessing with intent to deliver less than one gram of MDMA or knowingly or intentionally possessing less than one gram of Ecstasy becomes a third-degree felony if the alleged offense was committed in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground, or on a school bus.
Texas Resources for MDMA / Ecstasy Possession Offenses
Central Texas Area of Narcotics Anonymous (NA) — NA identifies itself as “a non-profit fellowship or society of men and women for whom drugs had become a major problem.” Visit this website to learn more about NA and whether its services may be right for you. You can also search to find the times and locations of meetings in your area.
Texas Controlled Substances Act — View the full text of Chapter 481 of the Texas Health and Safety Code. Read about general provisions, drug schedules, and offenses and penalties. You can also find information about forfeiture and administrative paenalties.
DrugFacts: MDMA (Ecstasy/Molly) | National Institute on Drug Abuse (NIDA) — The mission of NIDA is “to advance science on the causes and consequences of drug use and addiction and to apply that knowledge to improve individual and public health.” Visit this section of the NIDA website to learn more about how MDMA affects the brain, the other health effects it has, and whether the drug is addictive. You can also find information about MDMA treatment.
Price & Twine, PLLC | Georgetown MDMA / Ecstasy Possession Lawyer
If you were arrested for alleged possession of Molly anywhere in Central Texas, it will be in your best interest to immediately retain legal counsel. Price & Twine, PLLC can fight to help you achieve the most favorable outcome to your case, including possibly having the criminal charges reduced or dimissed.
Michael J. Price is an experienced criminal defense attorney in Georgetown who represents clients in Killeen, Leander, Round Rock, Taylor, Temple, Liberty Hill, and many surrounding areas of Williamson County and Bell County. Call (512) 354-1880 or submit an online contact form to receive a free initial consultation that will allow our lawyer to review your case and answer all of your legal questions.