Ecstasy, also known as “Molly”, is a narcotic. Ecstasy isn’t approved for medical use in the United States and is considered a Schedule I drug. Possession of a controlled substance such as Ecstasy can be a misdemeanor or felony depending on the type of drug, the amount of drug, and the intent. In California, possession of ecstasy is considered a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on the defendant’s circumstances.
How is Possession of a Controlled Substance Defined?
Possession of a controlled substance is defined as having the ability and intent to control the drug. It can be constructive, actual, or shared possession.
How Is Ecstasy Possession Defined in California?
Personal possession of ecstasy is defined as the unlawful possession of the drug in a useable amount.
What is a Useable Amount?
A useable amount is an amount of ecstasy that is high enough to be consumed for its effect. It can’t be a dust or trace amount.
What is the Punishment for Ecstasy Possession?
The punishment for possession of ecstasy is up to one year in jail and a fine of up to $1,000.
Are There Any Defenses I Can Use to Fight This Possession Charge?
Yes. The common defenses to an illegal possession drug charge are:
- The defendant did not know they were in possession of the drug
- Illegal search and seizure