If you are convicted of possession of MDMA in Michigan, you may face severe penalties, including imprisonment and steep fines. MDMA is classified as a Schedule 1 drug in Michigan due to its dangerous and highly addictive nature. Two of the most common forms of MDMA are known as ecstasy and molly. Both may be cut with other drugs such as cocaine making them even more unsafe. In 2013, over 17 million Americans reported having used ecstasy at some point in their life according to the National Survey on Drug Use and Health. Due to its dangerous nature and prevalence, a conviction for possession of MDMA is a felony in Michigan.
Under Michigan law, whether an individual had possession of MDMA is a fact-specific question. Michigan law defines possession beyond just having MDMA on your person. An individual can be charged with possession of MDMA if they have the drug in their control, or had the right to exercise control over the drug.
Under MCL 333.7403(2)(b)(i), penalties for possession of MDMA include imprisonment for up to 10 years, a fine of up to $15,000, or both. Under MCL 333.7401(2)(b)(i), penalties for possession of MDMA with intent to distribute include imprisonment of not more than 20 years or a fine of not more than $25,000, or both. These penalties may be enhanced based on factors such as being considered a habitual user. Committing the offense in the presence of a minor, or near a school or park, can also result in even harsher penalties. First offenders may have the opportunity to be placed on probation and/or enter a rehabilitation program, pursuant to MCL 333.7411.
If you or someone you know is dealing with an MDMA related charge, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Finding resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
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