New Jersey MDMA (Molly) Laws: Understanding Penalties and Charges

Elizabeth, NJ MDMA Charge Attorney

                                                                   MDMA Charge in New Jersey

MDMA, commonly known as Ecstasy or Molly, is a popular recreational drug. It is chemically referred to as 3,4-Methylenedioxymethamphetamine. Users typically ingest it in pill form, although it can also be snorted as a powder or swallowed in liquid form. Ecstasy produces both stimulant and hallucinogenic effects, leading to feelings of energy, warmth, happiness, and altered sensory perception. It affects brain activity associated with dopamine, serotonin, and norepinephrine, resulting in increased heart rate, blood pressure, and altered mood. If you are seeking legal representation in New Jersey, particularly in the areas of MDMA (Molly/Ecstasy) charge, Ambien charge, Xanax charge, possession of heroin, hydrocodone possession charge, and drug distribution charges, Attorney Brett M. Rosen is an excellent choice. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing Ambien charges in New Jersey, it is important that legal assistance is sought after. Contact our law firm today to discuss your potential homicide case.

Legal Classification of Ecstasy in New Jersey
  1. Schedule I Controlled Dangerous Substance (CDS):
  2. Penalties:
    • Penalties for MDMA-related offenses vary based on the specific circumstances of each case.
    • Possible penalties include:
      • Possession of Ecstasy:
        • Possession of any amount of MDMA is a third-degree crime, punishable by 3 to 5 years in prison, a fine of up to $35,000, and a loss of driving privileges for 6 months to 2 years.
      • Distribution of MDMA:
        • Similar penalties as possession.
      • Possession of Molly with Intent to Distribute:
        • Possession of less than one-half ounce of MDMA with intent to distribute is also a third-degree crime, but with a higher fine of up to $75,000.
        • Possession of more than one-half ounce but less than 5 ounces of MDMA with intent to distribute is a second-degree crime, punishable by 5 to 10 years in prison and a fine of up to $150,000.
        • Possession of 5 ounces or more of MDMA with intent to distribute is a first-degree crime, punishable by 10 to 20 years in prison and a fine of up to $500,000.
Legal Defense Strategies

If you’ve been arrested for MDMA-related charges in New Jersey, consult with an experienced criminal defense attorney. The Rosen Law Firm has successfully defended clients facing drug charges across the state. Our team understands the weaknesses in the evidence against you. We’ll fight to protect your rights and explore defenses tailored to your case. Some defenses that may apply to MDMA charges in New Jersey are:

  • The drugs were not actually MDMA: This defense challenges the identification and testing of the substance that was allegedly MDMA. If the substance was not properly tested or the test results were inaccurate, unreliable, or tampered with, the charge may be dismissed or reduced.
  • The drugs belonged to someone else: This defense asserts that you did not knowingly or intentionally possess the MDMA that was found in your vicinity. If you can show that the drugs were planted, hidden, or left by someone else without your knowledge or consent, you may be able to avoid conviction.
  • You did not know the drugs were present: This defense is similar to the previous one, but it applies to situations where you were unaware of the existence or location of the MDMA. For example, if you were a passenger in a car that was stopped and searched, and the MDMA was found in the glove compartment or trunk, you may be able to argue that you had no knowledge or control over the drugs.
  • Law enforcement misconduct: This defense challenges the legality and validity of the actions taken by the police or other law enforcement agents during the investigation, arrest, or prosecution of the MDMA charge. This may include illegal search or seizure, lack of probable cause, violation of constitutional rights, entrapment, coercion, or fabrication of evidence.

These are some of the common defenses that may be used to fight MDMA charges in New Jersey, but there may be others depending on the specific facts and circumstances of your case. A defense attorney can review the details of your case and build the strongest defense strategy for you. Contact our office today to discuss your ecstasy charges.

Pre-Trial Intervention & Drug Court

You might be able to get a pretrial intervention or drug court for an MDMA charge in New Jersey, depending on the circumstances of your case and the discretion of the prosecutor and the judge. However, this is not legal advice and you should consult a lawyer if you are facing any criminal charges.

Pretrial intervention (PTI) is a program that provides defendants, generally first-time offenders, with alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services when such services can reasonably be expected to deter future criminal behavior. If you are accepted into PTI, the judge can postpone further court action against you for up to 36 months. You would be required to pay certain mandatory penalties, fees, fines, and restitution. You will also have a probation officer assigned to your case and you must meet the conditions set by the court, such as random drug screening, community service, mental health and/or drug and alcohol evaluations, and compliance with treatment recommendations. If you complete all of the conditions, the charges will be dismissed.

Drug court is a special court that handles cases involving non-violent substance-abusing offenders. The drug court program integrates substance abuse treatment, sanctions, and incentives with case processing to place nonviolent drug-involved defendants in judicially supervised rehabilitation programs. If you are eligible for drug court, you will be placed under intensive supervision by a drug court team, which includes a judge, a prosecutor, a defense attorney, a probation officer, a treatment provider, and a case manager. You will be required to undergo frequent drug testing, attend court hearings, participate in treatment programs, and comply with other conditions. If you successfully complete the drug court program, you may be eligible for a reduced sentence or a dismissal of charges.

To be eligible for PTI, you must have been charged with either a third or fourth-degree indictable offense, must not have completed a term of probation, incarceration, or parole within the last five years, must never have participated in a diversion program before, and the offense must not involve the sale, distribution, or possession of a controlled dangerous substance with intent to distribute certain dangerous drugs. To be eligible for drug court, you must be a non-violent offender who is addicted to drugs or alcohol, who is willing to participate in treatment, and who meets other criteria set by the court. Both PTI and drug court are voluntary programs that require your consent and the approval of the prosecutor and the judge. You should talk to an attorney before applying to either program. Contact our office today to discuss your MDMA charge in New Jersey.

Frequently Asked Questions (FAQs)
  • Question: Can I be charged with being under the influence of Ecstasy in New Jersey?
    • Answer:  Yes, in New Jersey, being under the influence of a controlled dangerous substance (CDS), such as Ecstasy (MDMA), is considered a disorderly persons offense under statute N.J.S.A. 2C:35-10. If convicted, penalties can include up to 6 months of incarceration and a fine of up to $1,000. Additionally, if an individual fails to surrender the drug to authorities when arrested, they may face a second disorderly persons offense under the same law.
  • Question: Is there a statute of limitations for an MDMA charge in New Jersey?
    • Answer: Yes, in New Jersey, the statute of limitations for a disorderly persons offense, which includes charges related to MDMA (Ecstasy), is one year from the date of the offense. For indictable crimes, which may include more serious charges related to MDMA possession or distribution, the statute of limitations is generally five years.
  • Question: Can I lose my drivers’ license for an Ecstasy charge in New Jersey?
    • Answer: In New Jersey, possession of MDMA (Ecstasy) is considered a third-degree indictable offense. If convicted, you could face a prison sentence of 3 to 5 years and a fine of up to $35,000. Additionally, there is a possibility of a driver’s license suspension for 6 months.

 

Premier New Jersey Ecstasy Charge Lawyer

Ecstasy (MDMA) offenses carry severe consequences in New Jersey. Whether you’re facing possession or distribution charges, seeking legal representation is crucial. I cannot tell you who to hire for your legal representation, but I can give you some information about Brett M Rosen. Here are some of his qualifications and achievements:

These are some of the reasons why you might want to consider hiring Brett M Rosen for your MDMA charge. Give us a call today to discuss.

 

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