New York Criminal Law & Ecstasy (aka MDMA or methylenedioxymethamphetamine)

The possession of ecstasy is illegal in New York.  Under the New York Penal Law, ecstasy (also known as “MDMA” or methylene-dioxy-methamphetamine) is classified as a hallucinogenic substance under Schedule I(d) of the Public Health Law.  See Penal Law Section 220.00(10); see also Public Health Law Section 3306, Schedule I(d)(25-26).

Even the simple private possession of a single tablet can get you arrested for Criminal Possession of a Controlled Substance in the Seventh Degree, a Class A misdemeanor punishable by up to one year in jail.  Possessing large quantities of ecstasy/MDMA can also subject you to felony charges.  Specifically, if you possess more than one total gram of ecstasy, you could be charged with the Class C felony of Criminal Possession of a Controlled Substance in the Fourth Degree (Penal Law Section 220.09[7]).  If you possess more than five total grams, you could be charged with Criminal Possession of a Controlled Substance in the Third Degree (Penal Law Section 220.16[11], a Class B felony), and twenty-five grams or more could get you arrested for the class A-II felony of Criminal Possession of a Controlled Substance in the Second Degree (Penal Law Section 220.18[6]).

Selling ecstasy or possessing it for the purpose of sale can also subject you to felony prosecution.  Possessing a single tablet of ecstasy with the intent to sell it to another can also get you arrested for Criminal Possession of a Controlled Substance in the Fifth Degree, a Class D felony.  See Penal Law Section 220.06(1), and possessing a gram or more of ecstasy with the intent to sell it can also subject you to the charge of Criminal Possession of a Controlled Substance in the Third Degree, a Class C felony (Penal Law Section 220.16[6]).  (Click here for more on the concept of “possession with the intent to sell”).  Selling a single tablet of ecstasy can get you arrested for Criminal Sale of a Controlled Substance in the Fifth Degree, a Class D felony (Penal Law Section 220.31), selling a gram or more will get you Criminal Sale of a Controlled Substance in the Third Degree, a Class B felony (Penal Law Section 220.39[6]), and selling five grams or more will get you Criminal Sale of a Controlled Substance in the Second Degree, a Class A-II felony (Penal Law Section 220.41[5]).

The potential sentencing range for these charges is wide and depends largely on the criminal record of the accused.  If you or a loved one have been arrested for this charge and wish to speak to an experienced team of criminal defense attorneys, contact the lawyers at Galluzzo & Johnson LLP.

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