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Possession, Sale or Transportation of DMT and Ecstasy

California Health and Safety Codes HS 11377, HS 11378, and HS 11379

Also  dimethyltryptamine, deemster, dmitri, dreamtime, mdma, e, x, xtc, rave, thizz, roll, rolling, es

Dimethyltryptamine (known as DMT) and methylenedioxy-n-methylamphetamine (known as MDMA or Ecstasy) are controlled substances as defined by the Controlled Substance Act.

DMT is a psychedelic induced by tryptamine which has a chemical structure that is similar to the naturally occurring neurotransmitter serotonin. It is considered by most as the strongest among the hallucinogenic recreational drugs. Users  experience profound time-dilation (slowed perception of time), and very strong visual and audio hallucinations. The effects of the drug may last 5 to 30 minutes for most users.

Ecstasy is a psychedelic amphetamine that gained popularity since it first appeared during the early "Rave" scene in the late 1990s. The drug is known to produce strong sense of comfort, empathy, and connection to others. It is usually consumed in a tablet form, and also in capsules or a pure powder. "Rollers" usually take the drug orally, and on rare occasions through the nose (snorted). The drug is still very closely associated with underground raves and dance clubs all over the world - especially the U.S. and Europe. It has also been used by therapists as an adjunct to psychotherapy.

The possession, sale, and transportation of DMT or Ecstasy (without prescription, without state license to transport) is considered a very serious crime. Due to heightened social awareness of abuse, prosecutors will extend all legal avenues to achieve a successful conviction. The prosecution will act quickly to collect evidence that proves the following points:

  1. That the defendant possessed the drug,
  2. That the defendant was aware and knew that the drug was in their possession,
  3. That the defendant was aware and knew that the drug in possession was a controlled substance under the Controlled Substance Act,
  4. That the amount of the drug in the defendant's possession was enough for consumption (or for sale), and
  5. That the defendant possessed the drug with the specific intent to use it, sell it, and/or was caught in the act of transporting it.

It is very important to note that the prosecution will use evidence provided by the defendant. For instance, the physical evidence will be substances (pills, powers, packages) found on the defendant's person (or in their property) at the time of the arrest. But much of the rest of the evidence will be things that were said or done at the time of arrest. Therefore, a surprising amount of evidence is often circumstantial - in other words, the prosecution is guessing.

The prosecutor has to prove the person’s mind state to use or sell the drug. Possession itself can be proven by circumstances surrounding the possession, known as “circumstantial evidence,” if the drug is actually found to be on their possession. But going one step further, for a successful case against the defendant the a prosecutor must also prove that the defendant intended to sell. They may examine the way the drugs were was packaged, was there sufficient quantity for sale, was the defendant holding a large quantity of cash, were there scales, a ledger of customers, a "black book" of suppliers.

Penalties for Possession, Sale, Transportation

Marijuana, heroin, cocaine, methamphetamines, DMT, Ecstasy, opium and other narcotics.

Violation of HS 11377 (possession for personal use) is usually a misdemeanor. If convicted, the defendant will be charged up to 1 year in county jail and/or a fine of $1,000 (maximum). However, the defendant faces felony penalties (including sixteen (16) months, two (2) years or three (3) years in prison) if there are prior convictions for any of a small list of crimes that are considered violent, sex crimes against a child under 14, gross vehicular manslaughter while intoxicated, or the defendant is a registered California sex offender.

Violation of HS 11378 (sale of) and 11379 (transporting) are both felonies. Note that with a conviction for "Possession for Sale," the defendant is not eligible for drug diversion or statutorily mandated drug treatment.  Strictly speaking, conviction guarantees jail time of sixteen (16) months, two (2) years or three (3) years in prison, plus a $10,000 fine (maximum). Possession of Sale is also a deportable offense if the defendant is not a U.S. citizen. Defendants issued a valid Green Card or visa are also subject to deportation if convicted.

Defense for Drug Offenses

For marijuana as well as heroin, cocaine, methamphetamines, DMT, Ecstasy, opium and other narcotics.

Some defenses to this charge include that the drug was possessed for personal consumption, which would result in a lesser charge (a felony charge reduced to a misdemeanor). Your defense could include that you did not possess the drug or know it was present, or that someone else placed the evidence. In your defense, an attorney may object to the way evidence was gathered (unlawful search and seizure). If you have been arrested for a drug offense in Orange County, California then it is time to take things very seriously. If you want a case dismissal or reduced charges, then it is absolutely vital that you get a lawyer immediately. 

Stull & Stull is led by Adam Stull, a former deputy district attorney. He has experience consulting with police officers and opposing counsel. He has spent considerable amount of time prosecuting misdemeanor and felony offenses involving marijuana as well as heroin, cocaine, methamphetamines, DMT, Ecstasy, opium and other narcotics. His decades of experience will be very valuable in giving you an aggressive and effective legal defense.

If you are serious about obtaining a case dismissal or receiving a substantial reduction for your charges, then your next move is obtaining experienced and aggressive legal counsel that will provide you with the best possible outcome.

The Law Offices of Stull & Stull has more than 45 years of combined criminal trial experience in Orange County as well as Los Angeles, Riverside, San Bernardino, San Diego, Santa Barbara, Kern, Tulare, Fresno and Ventura counties. The Law Office of Stull & Stull is based in Laguna Hills, California.

Free Case Evaluation with Orange County Drug Attorney Adam R. Stull

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