Trafficking in Ecstasy, Molly, or MDMA in Florida
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In Florida, trafficking in MDMA occurs when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports ten (10) grams or more of any mixture containing MDMA.
Weight Determination of Ecstasy Pills in Defense Against Trafficking MDMA in Florida
In Florida, the amount of illegal substance is not a defense. Notice the language of the law states “any mixture”, meaning the aggregate weight is what is calculated, not solely the active ingredient. Thus, trafficking weight is determined by the total weight of the “Molly” pills. This includes inactive materials in the pill. As a result, a person could have ten ecstasy pills whose combined dosage is less than ten (10) grams of MDMA, but because the pills weigh more than ten (10) grams, the person would be guilty of trafficking in MDMA instead of mere possession of MDMA. Depending on the brand’s method of manufacture, it may take possession of only 4-8 pills to be charged with trafficking in MDMA in Florida.
Penalties for Florida MDMA Trafficking
Florida drug trafficking penalties are harsh and include mandatory minimum sentences. Trafficking in MDMA is a first degree felony, assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code. If caught trafficking in Molly the minimum penalties you face are determined by the Florida MDMA trafficking thresholds:
- 10 to 200 grams of MDMA comes with a mandatory penalty of three (3) years in prison, a $50,000 fine and up to thirty (30) years in prison.
- 200 to 400 grams of MDMA comes with a mandatory penalty of seven (7) years in prison, a $100,000 fine, and up to thirty (30) years in prison.
- 40 to 30 kilograms of MDMA comes with a mandatory penalty of fifteen (15) years in prison, a $500,000 fine, and up to thirty (30) years in prison.
Driver’s License Suspension
A person convicted of trafficking in ecstasy will have their driver’s license and driving privileges revoked for one (1) year by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Professional License Suspension
A person convicted of Trafficking in MDMA will be subject to the emergency suspension of any professional license issued by the State of Florida that authorizes the practicing of a profession or trade.
Defenses to Trafficking in MDMA Florida
Pretrial defenses are critical. Call us immediately, even before you’ve been arrested if possible.
Many of the defenses available in ordinary drug possession cases are available to your Florida drug trafficking defense lawyer, including constitutional legal defenses that challenge unlawful searches or seizures by law enforcement. Some common Fourth Amendment defenses available in drug trafficking cases include: absence of a warrant, defective warrant, unlawful execution of a search warrant, entrapment, absence of probable cause to obtain a warrant, stale information forming the basis of the warrant, exceeding the scope of the search authorized by the warrant, invalid consent to search, coercive “knock and talk”, constructive entry during knock and talk, exceeding the scope of a consensual search, unlawful arrest or detention, absence of exigent circumstances, controlled substances not in plain view, warrant-less search within the curtilage of a residence, Miranda violations, 5th and 6th amendment right to counsel violations, overly broad search incident to arrest, overly broad protective sweep, use of unlawful police tactics constituting a “search.”
Actual Possession vs. Constructive Possession
Actual possession means MDMA pills was found on your person or in your immediate control, such as in a glove compartment in a car. For example, if the MDMA pills found were in your pants pocket then the prosecutor would be charging you with actual possession of trafficking MDMA. On the other hand, if the ecstasy pills were found in a place where more than one person had access and control, the prosecutor would need to prove that you had constructive possession.
To prove constructive possession the prosecutor must show:
- Knowledge the MDMA is present;
- Knowledge the substance was MDMA; and
- Dominion and control over the MDMA.
Substantial Assistance as a Defense to MDMA Trafficking in Florida
While not technically a defense, nor a complete defense, reducing the charge to “providing substantial assistance” to drug trafficking is a method we will explore to avoid the mandatory minimum sentencing required for the crime of trafficking in MDMA in Florida.
Assistant state wide prosecutors are authorized by statute to ask the court to reduce or suspend a sentence of any person who is convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in trafficking in controlled substances.
Early Negotiation is Critical in a Trafficking in MDMA defense in Florida
Early contact with the Prosecutor in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
Call us even before you are charged if possible. We may be able to avoid charges being filed.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We can help you.
Our Florida criminal lawyers serve clients charged in trafficking in MDMA cases in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and trafficking in MDMA defense in Palm Beach, Broward, Miami Dade County and throughout Florida.
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