Molly Possession Charges — What Now?
Molly, also known as Ecstasy, has been in the headlines recently because of a number of overdose deaths on the electronic dance circuit. If you are facing Molly possession charges — you’ve got trouble. Your best course of action is to speak with an experienced criminal defense lawyer and start preparing your defense as soon as possible.
Molly Possession Penalties in California
Molly, or MDMA (3,4-methylenedioxy-N-methylamphetamine), is a Schedule 1 drug in California. Schedule 1 is a category of drugs with no acknowledged medical use and a high potential for abuse.
Possession of MDMA is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony. Whether your Molly possession charges are felony or misdemeanor will depend on your criminal history and the circumstances surrounding your case.
With misdemeanor charges, you face a maximum of up to one year of jail time. Felony Molly possession charges carry penalties of 16 months to 3 years in prison.
Proposition 47 and Molly Possession Charges
In November 2014, California voters passed Proposition 47, an initiative to reduce the penalties for certain crimes. For qualifying defendants, Prop 47 reduces certain non-serious, non-violent felony crimes to misdemeanors, including possession for personal use of most illegal drugs.
To qualify for Proposition 47 reduction of charges, the defendant must not have a prior conviction for:
- Certain gun charges; or
- Certain sex offenses.
If you have been arrested for possession of Molly for personal use in California, you will be facing misdemeanor — not felony — charges, provided you meet the prior conviction qualifications.
Drug Diversion Programs for Molly Possession
Many defendants convicted of possession of MDMA in California are eligible for drug diversion programs. Under Proposition 36, non-violent drug offenders can serve their jail time in a drug treatment program as an alternative to jail. Non-violent drug possession crimes under Prop 36 consist of:
- Unlawfully using or being under the influence of any drug listed in the U.S. Controlled Substances Act (including Ecstasy); or
- Possessing or transporting any of those drugs for personal use.
Defendants convicted of Molly possession charges may be eligible for drug treatment in lieu of jail under the state deferred entry of judgment (DEJ) program — Penal Code 1000 PC. The charges must involve personally using and possessing drugs, as opposed to selling or possessing the drugs for sale, and the alleged crime must not involve any violence or threats of violence.
If the nature of the alleged crime qualifies for the DEJ program, the defendant still has to prove personal eligibility, which means:
- No prior drug-related convictions;
- No revocation of probation or parole before completing all terms and conditions;
- No participation within 5 years before the crime was allegedly committed in a drug diversion or DEJ program; and
- No prior felony convictions within 5 years before the charged offense was allegedly committed.
Don’t face Molly possession charges alone! Our seasoned Los Angeles drug crime lawyers at the Law Offices of Omar Gastelum & Associates, PLC can defend you against the charges, protect your rights and interests, and fight tenaciously for the best possible outcome in your case. Schedule a case consultation today.