(212) 679-1990
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.
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.
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):
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.
Frequently asked Questions about Drug Crimes Penalties for other Substances Federal Sentencing Information
Contact us today for a free consultation: (212) 679-1990
Client’s breath test was a 0.19 BAC
Client alleged to have nearly collided with police cruiser
Arrest at DWI checkpoint stop
Assault case alleging substantial injuries
Client’s cellphone searched at border related to cocaine smuggling charges
Prisoner civil rights case following sexual assault by a prison guard
Federal murder charges related to racketeering conspiracy