Possession of Molly (MDMA)
Molly, or MDMA (3,4-methylenedioxy-methamphetamine), has been one of the most popular drugs of the Millennial generation. Also known as "ecstasy," MDMA is a synthetic drug that produces increased energy, euphoria, pleasure, stimulation, and hallucinations. These reactions are caused by the increase of three chemicals in the brain: dopamine, norepinephrine, and serotonin.
Molly is typically available in a tablet or capsule for oral ingestion, but a powder form can also be snorted through the nose. MDMA is commonly found at EDM (Electronic Dance Music) festivals, concerts, raves, or nightclubs. Miami, Florida hosts one of the nation's largest EDM festivals, Ultra, which has been attended by more than 100,000 people every year since 2009.
The growing popularity of Molly has led to more arrests for Possession of MDMA. While Molly is a party drug, and most users are non-violent offenders who are simply trying to have a good time, the consequences for Possession of MDMA are anything but a good time. Molly is a controlled substance in Florida and possession of MDMA is a third-degree felony, punishable by up to five years in prison.
Attorney for Possession of Molly (MDMA) in Miami, FL
You need a qualified attorney to navigate you through a serious criminal case such as Possession of MDMA. Hubbs Law defends clients in criminal drug prosecutions, including Molly.
E.J. Hubbs is Board Certified by the Florida Bar in the area of criminal trial law. Board certification is an honor held by less than 1 percent of attorneys in Florida and reflects E.J.’s experience in criminal law and in conducting jury trials. Every board certified criminal trial lawyer must have tried at least 25 jury trials to verdict, pass a board certification exam, and have the recommendation of at least four attorneys and two judges.
E.J. Hubbs has experience as a both prosecutor and a criminal defense attorney, making him well qualified to handle your Possession of MDMA case. E.J. Hubbs is well versed in constitutional issues and in some cases can file motions to suppress or motions to dismiss to his clients’ advantage. E.J. Hubbs is also familiar with the Miami-Dade Drug Court (MDDC) to help clients with serious drug addiction.
Hubbs Law represents clients throughout Miami-Dade County, including Miami, Miami Beach, Hialeah, Cutler Bay, Coral Gables, Miami Gardens, Doral, Kendall, and other communities. Call Hubbs Law today at (305) 615-5945
to set up a free consultation.
Penalties for Possession of Molly (MDMA)
Under the Florida Statutes, Chapter 893, § 893.13, Possession of MDMA is a third-degree felony, punishable by a maximum of five years in prison and a fine of up to $5,000.
The minimum penalties for Possession of Molly typically involve probation, community service hours, a substance abuse evaluation followed by recommended treatment, and urine tests.
A conviction for Possession of Molly can also result in many other non-criminal related consequences, including a driver's license suspension, loss of employment, or loss of educational opportunities. If you are not a United States citizen, a conviction for Possession of MDMA will result in you being placed in removal proceedings (deportation) from the U.S.
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Possible Defenses for Possession of Molly (MDMA)
The most common defense for Possession of MDMA is lack of knowledge. To prove someone is guilty of possession of MDMA, the prosecutor must prove beyond a reasonable doubt that:
- A person knowingly possessed a substance; and
It is a legitimate defense if the substance is not MDMA. The State is required to test the substance prior to your trial. This is usually done by a chemist at the Florida Department of Law Enforcement (FDLE). If the chemical test reveals any other substance other than MDMA, you will be acquitted of Possession of Molly.
If the substance is MDMA, but you did not know that you possessed an illegal substance, then you are legally not guilty of the crime. The most common instance of this situation involves the law of "constructive possession." For example, if you are in a vehicle where drugs are found in a jointly occupied area, such as the center console, the State will have a difficult time proving that you had knowledge of the drugs without other evidence.
Finally, it as an affirmative defense to Possession of MDMA if you did not know of the illicit nature of the substance. For example, if your friend gave you Molly to hold, but told you that it was heart medication, you might have not known the illicit nature of the substance.
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Florida Statutes, Title XLVI, Chapter 893, § 893.13 — Read about the Florida laws and penalties related to possession of MDMA and other a controlled substance.
Miami-Dade County Drug Court (MDDC) — The Miami-Dade County Drug Court was created in 1989 as the first drug court in the U.S. The MDCC site details court operations and has links for resources, services, and other useful documents.
Narcotics Unit of the Miami Police Department — The Miami Police Department's Narcotics Unit regularly targets ecstasy manufacturing and distribution organizations and touts its results (confiscation of more than 150,000 ecstasy pills and 12 arrests for Operation "2 Catch a Tiger" and confiscation of 1,500 ecstasy pills and four arrests for "Operation Three Stooges," both in 2008) on its website.
Find an Attorney for Possession of Molly (MDMA)
If you were arrested for Possession of Molly, or for any other drug charge in Miami or Miami-Dade County, Florida, contact Hubbs Law today. Your initial consultation is always free. Our attorney, E.J. Hubbs, will listen to your side of the case, discuss possible defenses, and explain your options.
In some cases, E.J. Hubbs can persuade the State Attorney’s Office to "no action" charges, in which no formal charges are filed and the case is dismissed. In other cases, he can negotiate entry in a pretrial intervention program or drug court. Finally, E.J. Hubbs is always capable of preparing your case to go all the way to trial.
Call Hubbs Law at (305) 615-5945
to schedule your free consultation today.
This page was last updated by E.J. Hubbs on March 18, 2016.