Methylenedioxymethaamphetamine, a/k/a MDMA or Extacy, is a Schedule I substance. As is the case with cocaine and opiates, there is no misdemeanor offense for “simple possession” of MDMA; that is possession of any amount of MDMA in the State of Florida, even a trace amount, is a felony offense. Anyone found in “simple possession” of MDMA commits a third degree felony and is subject to five (5) years in state prison (Florida Stature 893.13(6)(a)). Anyone found guilty of possession of, or of sale, manufacture, delivery of MDMA, or of possession with intent to sell, manufacture or deliver MDMA, commits a second degree felony punishable by up to fifteen (15) years in state prison (Florida Statute 893.____)). Additionally, a variety of enhancements can apply where the prohibited conduct occurs within 1,000 feet of a child care facility, a school, a community center, a park or a municipal recreational facility (Florida Statute 893.13(1)(c)(1)), within 1,000 feet of a college, university or other postsecondary educational institution (Florida Statute 893.13(1)(d)(1)), within 1,000 feet of a either a physical place of worship or a convenience business (Florida Statute 893.13(1)(e)(1)), within 1,000 feet of a public housing facility (Florida Statute 893.13(1)(f)(1)) or by delivery of MDMA by a person over 18 years of age to a person under 18 years of age (Florida Statute 893.13(4)(a)), all of which bump an otherwise third degree felony to a second, or an otherwise second degree felony to a first degree felony (which is punishable by up to thirty (30) years in state prison).
Additionally, minimum mandatory sentencing for trafficking in MDMA is applicable where the weight justifies imposition. Pursuant to Florida Statute 893.135(1)(k)(1) “any person who knowingly sells, purchases, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of in excess of 10 grams of MDMA or of any mixture containing MDMA commits a felony of the first degree” (punishable by up to thirty (30) years in state prison) and is trafficking in MDMA. If the amount of MDMA is between 10 and 200 grams then the offense carries a three (3) year minimum mandatory sentence and a $50,000.00 fine (Florida Statute 893.135(1)(k)(1)(a)). If the amount of MDMA is either more 200 grams but less than 400 grams then the offense carries a seven (7) year minimum mandatory sentence and a $100,000.00 fine (Florida Statute 893.135(1)(k)(1)(b)). If the amount of MDMA is either more than 400 grams but less than 30 kilograms then the offense carries a fifteen (15) year minimum mandatory sentence and a $250,000.00 fine(Florida Statute 893.135(1)(k)(1)(c)).
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