MDMA may be common but the penalties for possession are no less severe. If you have been charged with possession contact Pensacola MDMA possession lawyer Jason Cromey immediately.
Possession of MDMA: F.S. 893.13

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Possession of MDMA: F.S. 893.13

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Possession of Ecstasy – MDMA is most commonly known as ecstasy. It is a psychoactive drug that increases euphoria and empathy and heightens sensations. It is popular in dance clubs, bars, and raves across the country, and our local area is no exception. Ecstasy usually comes in pill form, and the drug may be combined with other drugs like ephedrine, methamphetamine, and opiates. Possession of ecstasy is a third-degree felony under Section 893.13, Florida Statutes. Getting caught with just one tab of ecstasy will have you facing up to 5 years in Florida state prison.

Under Florida law, there are two types of possession: actual and constructive. Actual possession means the person is aware of the presence of the substance and that it is either:

  1. In the hand of, or on the person;
  2. In a container in the hand of or on the person; or
  3. The substance is so close as to be within ready reach and is under the person’s control.

Simply put, actual possession means it’s on you or next to you, and you know it. The second type of possession is constructive possession. Constructive possession means that the person is aware of the presence of the ecstasy, the ecstasy is in a place over which the person has control, and the person can control the ecstasy. An example of constructive possession is having a bag of ecstasy tabs in your backpack next to your driver’s license and the backpack is in the trunk of your car.

An experienced Pensacola criminal defense attorney is familiar with the defenses to this charge. There are many defenses to possession of ecstasy under Florida law. One defense theory is often called “multiple occupancies.” If there are multiple people inside a car, the ecstasy is not in plain view, and nobody tells the cops whom it belongs to, the State will be unable to prove who owns the drugs.

Even if you’re caught red-handed with a bag of ecstasy in your pocket, there are many other ways to try and keep your record clean. The stop or search may have been illegal. If the judge agrees that the police found the drugs illegally, the State will have to drop the case. Finally, if you have little to no record, you may also be eligible for a diversion program that would end with the dismissal of the charges.