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Fort Wayne Criminal Defense Attorney Handles Ecstasy Cases

Aggressive representation when charged with possession or sale of MDMA or Molly

Many people operate under the misconception that the popular club drug MDMA, known as ecstasy or Molly, is on par with marijuana. They are shocked to learn it is a Schedule I controlled dangerous substance, carrying the same penalties for sale and possession as heroin. If you only found this out after you were arrested, it won’t do any good to plead ignorance. But, you can help yourself by immediately contacting the Law Offices of Ryan E. Lackey. We have vast experience in drug crime cases, defending clients under a wide range of circumstances. We fight vigorously to protect your rights, challenging the prosecution’s case on procedural, legal and evidentiary grounds, and we never forget our duty to you. We are committed to working for the best results possible under the facts of your case.

Understanding ecstasy:  a brief history of MDMA

MDMA, known in underground culture as ecstasy, is a synthetic drug with psychedelic and stimulant qualities, first discovered by scientists working for the pharmaceutical giant Merck in Darmstadt, Germany, around 1912. Merck only started basic pharmacological tests on the drug in 1927, but made a business decision not to continue testing. Although the drug had never gone through formal clinical trials and had not gotten U.S. Food and Drug Administration (FDA) approval, American psychiatrists started using it in the 1970s to enhance communication in patient sessions. Some called it “penicillin for the soul” because it seemed to break down barriers and allow patients to achieve insights into their problems. By the 1980s, MDMA had become widely available on the street, and in 1985, the FDA banned the drug, listing it as a Schedule I substance with no proven therapeutic value.

Ecstasy is a tablet form of MDMA, which may be adulterated with caffeine, methamphetamine, dextromethorphan, ephedrine and cocaine. Molly is a powder form of the drug, usually in capsule form, and adulterated with such a wide variety of substances that the Drug Enforcement Agency (DEA) has likened use of Molly to playing Russian roulette. Many capsules sold as Molly contain no MDMA at all, but only dangerous adulterants that can cause serious, even fatal, injury.

Penalties for possession and sale of MDMA

The Indiana Code lists MDMA as a Schedule I controlled dangerous substance. Anyone who “knowingly or intentionally possesses” ecstasy or Molly is guilty of a Level 6 felony with a mandatory minimum sentence of six months. Additional factors can lead to more severe penalties:

  • Level 5 felony — At least five but less than 10 grams, or less than five grams with an enhancing circumstance. The mandatory minimum sentence is one year, and the maximum is six years.
  • Level 4 felony — At least 10 but less than 28 grams, or at least five but less than 10 grams with an enhancing circumstance. The minimum sentence is two years, and the maximum is 12 years.
  • Level 3 felony — At least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is three years, and the maximum is 16 years.

Manufacture and/or sale and possession with intent to sell are Level 6 felonies. The mandatory minimum sentence is six months. Additional factors can raise the severity of the crime:

  • Level 5 felony — At least one but less than five grams, or less than one gram with an enhancing circumstance. The mandatory minimum sentence is one year, and the maximum is six years.
  • Level 4 felony — At least five but less than 10 grams, or at least one but less than five grams with an enhancing circumstance. The minimum sentence is two years, and the maximum is 12 years.
  • Level 3 felony — At least 10 grams but less than 28, or at least five but less than 10 grams with an enhancing circumstance. The mandatory minimum sentence is three years, and the maximum is 16 years.
  • Level 2 felony — At least 28 grams, or at least 10 grams but less than 28 with an enhancing circumstance. The mandatory minimum sentence is 10 years, and the maximum is 30 years.

Indiana law requires evidence of intent to sell “in addition to the weight of the drug.” Prosecutors often overcharge possession cases to leverage a plea bargain. As your drug crime lawyer, we protect your rights and fight to ensure that any deal you make will be a fair one.

Contact an effective criminal defense attorney for MDMA arrests in Fort Wayne

While club drugs may be easily accessible, the penalties for possession or sale are not easy to deal with. If you’ve been arrested for MDMA, you can get aggressive defense representation from a reputable trial lawyer at the Law Offices of Ryan E. Lackey. Call us today at 260-209-1666 or contact our Fort Wayne office online.