New York & Federal Laws for Ecstasy

NY State Penalties for Ecstasy

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Possession of Ecstasy in New York State

An arrest for possessing less than 25 mg of ecstasy is classified as criminal possession in the 7th degree (New York State Penal Law § 220.03), a Class A misdemeanor which carries a penalty of up to one year in jail.

An arrest for possession of  25 mg or more of ecstasy is classified as criminal possession in the 4th degree (New York State Penal Law § 220.09), a Class C felony punishable by 1 to 5½ years in prison.  Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9  years.

An arrest for possession of  5 grams or more of ecstasy is classified as criminal possession in the 3rd degree (New York State Penal Law § 220.16), a Class B felony punishable by 1 to 9 years in prison.  Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15  years.

An arrest for possession of 25 grams or more of ecstasy mixture is classified as criminal possession in the 2nd degree (New York State Penal Law § 220.18), a Class A-II felony punishable by 3 to 10 years in prison.  Second time offenders may face up to 14 years in jail, and a previous violent offenders could face 17 years.

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Sale of Ecstasy in New York State

An arrest for selling less than 1 gram of ecstasy is classified as criminal sale of a controlled substance in the 5th degree (New York State Penal Law § 220.31), a Class D felony punishable by 1 to 2½ years in prison.  Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½  years.

An arrest for possessing 1 gram or more of ecstasy with intent to sell is classified as criminal possession in the 3rd degree (New York State Penal Law § 220.16), a Class B felony punishable by 1 to 9 years in prison.  Second time offenders may face up to 12 years in prison, and a previous violent offender could face 15 years.

An arrest for selling 1 gram or more of ecstasy is classified as criminal sale of a controlled substance in the 3rd degree (New York State Penal Law § 220.39), a Class B felony punishable by 1 to 9 years in prison.  Second time offenders may face up to 12 years in prison, and a previous violent offender could face 15  years.

An arrest for selling 5 grams or more of ecstasy is classified as criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 220.41), a Class A-II felony punishable by 3 to 10 years in prison.  Second time offenders may face up to 14 years in prison, and a previous violent offender could face 17 years.

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Federal Penalties for Ecstasy

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Possession of Ecstasy

The penalties for possession of ecstasy are set forth in 21 U.S.C. § 844 (*Note: these penalties are for possession only.  Possession of even a small amount will usually be charged as possession with intent to distribute):

• A first conviction for possession of any amount of ecstasy is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
• A second conviction for possession of any amount of ecstasy is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.
• A third conviction for possession of any amount of ecstasy is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.

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Sale

The penalties for the of sale or possession with intent to sell ecstasy are set forth in 21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):

Sale or possession with intent to sell less than 5g  of a mixture containing ecstasy is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.

Sale or possession with intent to sell 5 grams or more  of a mixture containing ecstasy is punishable by up a minmum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.

Sale or possession with intent to sell 50 grams or more  of a mixture containing ecstasy is punishable by up a minmum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.

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Additional Information about Ecstasy and Drug Crimes

Frequently asked Questions about Drug Crimes
Penalties for other Substances
Federal Sentencing Information