Two brothers were arrested for attempting to traffic methylenedioxymethamphetamine, more commonly referred to as MDMA, ecstasy, and Molly. According to Florida Today, the defendants were caught up in a sting operation aboard the Holy Ship! party cruise. After an undercover agent purchased $40 of ecstasy from one of the brothers, the detective learned that the two planned to smuggle 250 pills in their rectums aboard the ship before it left Port Canaveral on its second leg of the voyage. When law enforcement searched the brothers’ room, they found “emptied tied condoms in the toilet and several empty balls of clear plastic wrap that appeared to be covered in some kind of lubrication.” One of the brothers attempted to stick a baggie, that he had hidden in his rectum, full of narcotics into his mouth. Law enforcement found 65.2 grams of ecstasy, 5.1 grams of Xanax, and 2.5 grams of oxycodone on their possession.
Ecstasy Trafficking Charges in Florida
According to Florida statute 893.135, it is illegal (first degree felony) to knowingly sell, purchase, manufacture, deliver, or bring into Florida MDMA. Similarly, it is illegal for a person to be knowingly in actual or constructive possession of MDMA. The following amounts of MDMA that a defendant is found with correspond to their potential prison sentence:
10 to 200 grams of Ecstasy – Mandatory minimum of three years in prison and a mandatory fine of $50,000, and up to 30 years in prison.
200 to 400 grams of Ecstasy – Mandatory minimum of seven years in prison and mandatory fine of $100,000, and up to 30 years in prison.
400 grams to 30 kilograms of Ecstasy – Mandatory minimum of 15 years in prison and mandatory fine of $500,000, and up to 30 years in prison.
For trafficking offenses, the intent to traffic the drugs counts the same as actually trafficking them. Simply because the two brothers attempted to traffic the MDMA and other narcotics but failed does not let them off the hook for the first degree felony and mandatory minimum of three years in prison. Moreover, when law enforcement measures the amount of ecstasy within a suspect’s possession, they take the total weight of the pills, meaning that the dissolvable capsule weight is taken into account. This artificially increases the amount of MDMA the defendant was found with, yet it still counts towards their penalties. A vegetable capsule, depending on its size, can easily weigh 50 to 100 milligrams. This weight adds up quickly, and can mean the difference between being charged with eight grams of MDMA and 10. Less than 10 grams is a third degree felony, with a maximum sentence of five years and a good chance that you will serve less than a year depending on your record and the experience of your attorney.
Call a Criminal Defense Lawyer
Whether you have been charged with trafficking 10 grams of MDMA, 300 grams, or simple possession of MDMA (less than 10 grams), you need an experienced lawyer at your side. Call a West Palm Beach criminal defense lawyer with the Skier Law Firm today for help