Knoxville Ecstasy Defense Lawyers

Selling, Exchanging or Possessing Ecstasy

The club drug Ecstasy (or extasy) contains the active ingredient MDMA (3,4-methylenedioxymethamphetamine) and is a semisynthetic member of the amphetamine class of psychoactive drugs. The drug is somewhat unusual because it has a tendency to produce a sense of intimacy with others and diminished feelings of fear and anxiety. Because there is no accepted medical use for Ecstasy and because it has a high potential for abuse, Ecstasy is classified along with Heroine as a Schedule I controlled substance in the state.

The possession, manufacture, or distribution of Ecstasy is illegal in Tennessee. The punishments for Ecstasy possession, manufacture or distribution are extremely severe and vary depending on the amount found in the possession of the defendant. Consequences can include several years in prison, steep fines, supervised release and restitution.

If you have been charged with possession, manufacture or distribution of Ecstasy, you will want an experienced trial attorney who has the knowledge and skill to mount a strong defense to the prosecution's case against you. We are knowledgeable in both federal and state drug laws and have a proven track record of success in defending clients against drug-related charges.

Simple Possession or Casual Exchange of Ecstasy

Under T.C.A. § 39-17-418, it is an offense for a person to knowingly possess or casually exchange Ecstasy, unless the substance was obtained directly from, or pursuant to, a valid prescription or physician's order.

Possession can be either actual or constructive. A person who knowingly has direct physical control over a drug at a given time is in actual possession of it. On the other hand, a person who does not have actual possession but knowingly has both the power and intention at any given time to exercise dominion and control over the controlled substance is in constructive possession of it. For example, a jury could infer that a homeowner was in constructive possession of Ecstasy if Ecstasy pills were found on the defendant's coffee table.

With regard to casual exchange, courts allow an inference for possession without intent to sell, distribute or manufacture when there is only a relatively small amount of the controlled substance in the defendant's possession. To qualify as a casual exchange, the exchange can either be a gift or a transfer of possession in consideration for something else in return. The "casual" aspect of casual exchange means that the exchange did not involve the transfer of money.

Casual exchange or simple possession of Ecstasy is a Class A misdemeanor for the first two convictions. A Class A misdemeanor conviction carries a conviction of no greater than a year in jail and no more than a $2,500 fine, unless the casual exchange was between a minor and an adult who is at least two years older than the minor. Where the exchange was with a minor, the crime is classified as a felony, which carries longer prison sentences and steeper fines. Moreover, a person convicted of possession of Ecstasy on two prior occasions, commits a felony on the third conviction.

Sale, Delivery or Manufacture of Ecstasy

Under T.C.A. § 39-17-417, it is an offense for a person to knowingly sell, deliver or manufacture Ecstasy. The code also provides that it is a crime to possess Ecstasy with intent to sell, deliver or manufacture the substance. Under the law, jurors are permitted to infer intent to sell, deliver, or manufacture Ecstasy from the facts and circumstances of the case along with the amount of controlled substance found in the defendant's possession.

Since Ecstasy is listed as a Schedule I drug, a conviction under subsection 417 is classified as a Class B felony, which carries a potential jail sentence between 8 and 30 years and a fine of no more than $100,000. The law also increases the fine to $200,000 if the defendant is convicted with possessing 26 grams or more of Ecstasy. However, possession of over 300 grams or more is a Class A felony, which increases jail time to a maximum of 60 years and fines as high as $500,000.

Protecting the Rights of Our Clients

If you have been charged with a drug crime involving Ecstasy or any other controlled substance in the state of Tennessee, we at Baker Associates, serving the Sevierville and Knoxville areas, will diligently protect your rights.

Additional Drug Crime Information

If you have been charged with selling ecstasy or possessing ecstasy, contact a criminal defense lawyer at our Knoxville area offices by completing the form below.

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Knox County
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800 South Gay Street
Knoxville, Tennessee 37929

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Toll-free: (866) 853-2888

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Sevierville, Tennessee 37862

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Sevierville Drug Crime Attorney Disclaimer: The ecstasy, drug possession, narcotics charge, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a lawyer at our law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.

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