Se Habla Español | Available 24/7
Multilingual Staff | Available 24/7

Navigating Mdma Possession Charges with Hirsch Law Group

Understanding MDMA Possession Charges in Illinois

MDMA, also known as Ecstasy or Molly, is a controlled substance classified under Schedule I of both the U.S. Controlled Substances Act and the Illinois Controlled Substances Act. This classification indicates that it has a high potential for abuse and no accepted medical use.

Possession charges for MDMA vary significantly based on the quantity and circumstances. Typically, having a small amount indicates that it is intended for personal use, which is a crime that is less severe than possession with intent to distribute. Nevertheless, all forms of possession in Illinois are charged as felonies of varying degrees of severity.

Legal guidance is essential for navigating drug crimes, especially when at risk of being convicted for possession of a Schedule I substance. Feel free to seek guidance and legal representation from a skilled criminal defense attorney from Hirsch Law Group. We are available to guide, support, and fight for you.

MDMA Possession Laws in Illinois

When it comes to possession offenses, a person can be prosecuted for actual or constructive possession. Actual possession means the MDMA is found on the person, such as in their pocket. Constructive possession means the individual has access to the drug, such as in their home or vehicle, and exercises control over it.

Imprisonment Terms and Fines for Possession of MDMA in Illinois

Drug possession charges in Illinois are heavily influenced by the amount of the substance found in possession. Illinois law also differentiates mere possession from possession with intent to manufacture or deliver. The penalties for the latter are more severe than those for the former. Note that MDMA possession in any quantity is a felony.

A conviction for mere possession of MDMA attracts the following imprisonment terms:

  • Class 4 felony (Imprisonment between 1 to 3 years): Less than 15 grams of MDMA or fewer than 15 pills, tablets, caplets, capsules, or other objects containing it

  • Imprisonment for between 4 and 15 years: 15 to 100 grams of MDMA or 15 to 200 pills, tablets, caplets, capsules, or other objects containing it.

  • Imprisonment for between 6 and 30 years: 100 to 400 grams of MDMA or 200 to 600 pills, tablets, caplets, capsules, or other objects containing it.

  • Imprisonment for no less than eight years and not more than 40 years: 400 to 900 grams of MDMA or 600 to 1500 pills, tablets, caplets, capsules, or other objects containing it.

  • Imprisonment for between 10 to 50 years: 900 grams or more of MDMA or over 1500 pills, tablets, caplets, capsules, or other objects containing it.

Where the MDMA in question is 100 grams or more, the defendant may be fined up to $200,000 or the full street value of the substance found in their possession. Where the quantity of MDMA is between 15 and 100 grams, the total fine imposed must not be more than $200,000. Finally, where the MDMA quantity is less than 15 grams, the maximum fine imposable is $25,000.

A conviction for possession with intent to manufacture or deliver MDMA leads to the following imprisonment terms and fines:

  • Class 3 felony (Imprisonment for between 2 to 5 years): Possession (with intent to manufacture or deliver) of less than 5 grams

  • Class 1 felony (Imprisonment between 4 to 15 years): Possession (with intent to manufacture or deliver) of 5 – 15 grams of MDMA or 10 to 15 pills or other objects containing it.

  • Imprisonment for between 6 and 30 years: Possession of 15 to 100 grams of MDMA or 15 to 200 pills, tablets, caplets, capsules, or other objects containing it.

  • Imprisonment for between 9 and 40 years: Possession of 100 to 400 grams of MDMA or 200 to 600 pills, tablets, caplets, capsules, or other objects containing it.

  • Imprisonment for between 12 to 50 years: Possession of 400 to 900 grams of MDMA or 600 to 1500 pills, tablets, caplets, capsules, or other objects containing it.

  • Imprisonment for between 15 to 60 years: 900 grams or more of MDMA or over 1500 pills, tablets, caplets, capsules, or other objects containing it.

Where the MDMA in question is 100 grams or more, an additional fine of $500,000 or the full street value of the MDMA found can be imposed on the defendant. However, if the MDMA is between 15 to 100 grams, the fine cannot exceed $500,000. For 5 – 15 grams, the fine is a maximum of $250,000, while for less than 5 grams, the fine is a maximum of $150,000.

Other Penalties for Possession

An ecstasy possession charge gets more complicated when the offense is committed across state lines or in places under federal jurisdiction, such as federal buildings. In such a scenario, federal laws apply, and the prosecution is often more relentless, and the penalties more severe.

Additionally, one common penalty for drug possession crimes for non-citizens, especially possession with intent to distribute, is loss of immigration privileges. This could mean losing permanent resident status, getting deported, and becoming inadmissible in the United States, either for life or for an extended period of time.

While possession is already a serious offense, the legal consequences escalate quickly with intent to distribute or the existence of previous convictions. It is crucial for anyone facing ecstasy possession charges to seek skilled and experienced legal counsel to navigate the complexities of both state and federal laws.

Potential Defenses for MDMA Possession Charges

Various defenses are available when facing MDMA possession charges. A skilled defense attorney can evaluate the specifics of each case to determine the most suitable approach.

Lack of Knowledge

This is a common defense in drug possession charges. This defense asserts that the accused was unaware they possessed MDMA. If the prosecution cannot prove that the accused knew about the substance, this defense may be successful.

Unlawful Search and Seizure

If law enforcement officials did not follow proper legal procedures during a search, any evidence obtained might be inadmissible. This scenario often hinges on whether officers have a valid search warrant or whether the defendant’s Miranda rights were violated during arrest and questioning.

Evidence Contamination

If the chain of custody for the MDMA is tampered with or not properly documented, the integrity of the evidence might be questioned. Prosecutors depend heavily on untainted evidence to secure convictions.

Entrapment

This defense where argues that the defendant was coerced or persuaded by law enforcement into committing a crime they otherwise wouldn’t have committed. This can be challenging to prove but can be effective under certain circumstances.

When evaluating these defenses, our role as attorneys is to meticulously analyze the situation. We look for violations that could render the prosecution’s case invalid. In doing so, we aim to ensure that our client’s rights are upheld through every stage of the legal process.

How Hirsch Law Group Can Help

Facing MDMA possession charges can be daunting, but our team at Hirsch Law Group is here to assist you. We provide experienced legal representation focused on criminal defense. Our seasoned attorneys understand the complexities of drug possession laws. We develop personalized strategies tailored to each case, ensuring the best possible defense.

Key areas where we can help:

  • Familiarity with Illinois Laws: We have deep knowledge of Illinois drug laws and use this to your advantage.

  • Personalized Defense: Every case is unique, and we craft individualized defense strategies.

  • Free Consultation: We offer a free initial consultation to discuss your case and explore your options.

If you’re facing charges, don’t hesitate to seek legal representation. Our goal is to navigate the legal landscape for you, providing a robust defense for your MDMA possession case.

Seek Legal Assistance from Hirsch Law Group

When facing MDMA possession charges, experienced legal representation is essential. Our team of criminal defense attorneys understands the intricacies of state and federal ecstasy laws as well as the laws governing other controlled substances. We are well-versed in navigating the legal system to protect your rights effectively.

At Hirsch Law Group, we prioritize personalized defense strategies tailored to your unique situation. Our goal is to minimize the impact of the charges and explore all possible defense options, including dismissal, reduction of charges, or alternative sentencing.

We strive to provide the best possible outcome through skilled negotiation and trial tactics. Contact us today for a consultation to discuss how we can assist you with your MDMA possession charges.