NJ MDMA Possession & Distribution Charges

NJ MDMA Possession & Distribution Charges

MDMA, also known as ecstasy or molly, is a popular club drug in New Jersey that can lead to serious criminal charges if possessed or distributed. MDMA is classified as a Schedule I controlled dangerous substance under New Jersey law, meaning it has no accepted medical use and a high potential for abuse.

In this article, we’ll break down the various charges for MDMA possession and distribution in New Jersey, potential defenses, and what you need to know if you or a loved one is facing charges.

Possession of MDMA

Simply having MDMA on your person or property constitutes possession under N.J.S.A. 2C:35-10. Possession of any amount is a third-degree crime in New Jersey, punishable by:

• 3-5 years in prison
• Fines up to $35,000
• Loss of driving privileges for 6 months – 2 years

Prosecutors do not need to prove intent to distribute for a possession charge. The presence of MDMA on your person or property is enough. Defenses to simple possession charges may include:

• The drugs were not actually MDMA
• The drugs belonged to someone else
• You did not know the drugs were present

An experienced criminal defense attorney can review the details of your case and build the strongest defense strategy.

Possession with Intent to Distribute

If prosecutors can prove you intended to distribute or sell MDMA to others, you face much stiffer penalties. Possession with intent to distribute MDMA is charged under N.J.S.A. 2C:35-5 and graded based on the amount:

• 3rd degree – 1 ounce or less
  • 3-5 years in prison
  • Fines up to $35,000
• 2nd degree – More than 1 ounce but less than 5 ounces
  • 5-10 years in prison
  • Fines up to $150,000
• 1st degree – 5 ounces or more
  • 10-20 years in prison
  • Fines up to $300,000

Defenses for possession with intent charges attack the prosecution’s claim that you intended to distribute the drugs. For example, your attorney may argue:

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• The amount was consistent with personal use, not distribution
• There is no evidence of distribution like scales or baggies
• The circumstances indicate no intent to distribute

Distribution of MDMA

Anyone who actually manufactures, distributes or dispenses MDMA faces severe penalties under N.J.S.A. 2C:35-5. This includes:

• Giving it to friends at a party
• Handing out pills at a club or rave
• Selling MDMA for profit

Penalties for distribution depend on the amount:

• 3rd degree – 1 ounce or less
  • 3-5 years in prison
  • Fines up to $35,000
• 2nd degree – More than 1 ounce but less than 5 ounces
  • 5-10 years in prison
  • Fines up to $150,000
• 1st degree – 5 ounces or more
  • 10-20 years in prison
  • Fines up to $300,000

Distribution charges can be difficult to fight, especially if you were caught “red-handed.” However, an experienced attorney may be able to argue:

• You were unlawfully searched and the drugs should be suppressed
• The informant or undercover officer is unreliable
• You were entrapped into committing the crime

Distribution to Minors

Giving or selling MDMA to anyone under 18 leads to first-degree charges under N.J.S.A. 2C:35-5. This is the most serious drug distribution offense in New Jersey, carrying penalties of:

• 10-20 years in prison
• Fines up to $300,000

Defending distribution to minor charges requires contesting that any distribution took place or arguing the alleged recipient was not actually underage.

School Zone Distribution

Distributing MDMA within 1,000 feet of any school, including colleges, leads to enhanced charges under N.J.S.A. 2C:35-7. This adds a mandatory minimum prison term of:

• 3 years for 3rd degree distribution
• 1 year for 2nd degree distribution

Defenses may focus on challenging the measurement or arguing the sale did not actually take place that close to a school.

Mandatory Drug Enforcement Fee

Anyone convicted of MDMA possession, distribution, or possession with intent will also face mandatory fines and penalties under N.J.S.A. 2C:35-15, including:

• $3,000 for 3rd degree crimes
• $2,000 for 4th degree crimes
• $1,000 for disorderly persons offenses

There are also mandatory 6-month to 2-year driver’s license suspensions for any MDMA conviction. Refusing to provide a DNA sample upon conviction also leads to additional fines.