Possession of MDMA
person convicted of possessing a personal use amount of MDMA in
California faces a maximum of 1 year in the county jail or state prison.
It is almost unheard of for a judge to actually impose such harsh
sentence. If the person meets six criteria the prosecutor is required to
refer the case to Diversion. The six criteria for Diversion are:
(1) The defendant has no conviction for any offense involving controlled
substances prior to the alleged commission of the charged offense.
(2) The offense charged did not involve a crime of violence or
(3) There is no evidence of a violation relating to narcotics or
restricted dangerous drugs other than a violation of the sections listed
in this subdivision.
(4) The defendant's record does not indicate that probation or parole
has ever been revoked without thereafter being completed.
(5) The defendant's record does not indicate that he or she has
successfully completed or been terminated from diversion or deferred
entry of judgment pursuant to this chapter within five years prior to
the alleged commission of the charged offense.
(6) The defendant has no prior felony conviction within five years prior
to the alleged commission of the charged offense.
(See Pen. Code. Sec. 1000; For more about California’s diversion
program read this article by
Jeff Brown of the San Francisco Public Defender’s Office.)
person is eligible for Diversion they are able to enter a conditional
plea of guilty and if they then successfully complete the diversion
program (usually “drug education” classes) the plea is set aside.
This means that they do not receive a criminal record.
Possession of MDMA with Intent to Sell
Punishment for possession of MDMA with intent to sell is governed by
section 11378 of the California Health and Safety Code. Along with Penal
Code Section 18, the punishment is a state prison term of 16 months, or
two years, or three years. Diversion is not an option.