Ecstasy / MDMA Offenses
Ecstasy or MDMA, is a synthetic drug that is known for altering mood and perception for users. It is a dangerous penalty group 2 drug and has a considerably high-risk for chemical dependency. Additionally, the drug is very popular in the nightclub and rave scene.
Texas is not kind to those caught using, possessing, delivering, or manufacturing ecstasy or MDMA. A person convicted for an drug offense may face heavy fines, prison or jail time, and a marked criminal record. If you or someone you know has been charged with an ecstasy crime, it’s crucial that you gain trusted legal representation.
Ecstasy Crime Attorney in Harris County, Texas
Possessing any trace amount of ecstasy, MDMA, “E,” “XTC,” or “X,” is considered unlawful in the state of Texas. If you have been caught using, possessing, or delivering ecstasy in Harris County or surrounding counties, you should seek a defense attorney.
Attorney Brian Benken is a qualified attorney with a passion for criminal defense. He is dedicated to protecting his client’s rights. Rest assured, Brian Benken will do whatever he can to provide you with the best possible defense. Stay ahead of the prosecution with The Benken Law Firm and call (713) 223 - 4051.
The Benken Law Firm accepts clients throughout all parts of Harris County including Houston Heights, Meyerland, Greenspoint, Alief, and Westchase.
Call us now at (713) 223 - 4051 for a free consultation.
Overview for Ecstasy Offenses in Texas
Penalties for Ecstasy Possession in Houston, Texas
Drug possession is illegal and the state of Texas considers ecstasy a hazardous drug. Possessing any amount of ecstasy or MDMA is a crime in the state of Texas. The penalties for possessing ecstasy are dependent on the amount of the drug found in your possession.
The following chart is the maximum penalties for convicted for possessing ecstasy.
| Amount Possessed | Sentence | Jail or Prison Time | Fine |
| Less than 1 gram | State Jail Felony | 180 days in jail | $10,000 |
| 1 gram to 4 grams | Third-Degree Felony | 10 years in prison | $10,000 |
| 4 grams to 400 grams | Second-Degree Felony | 20 years in prison | $10,000 |
| 400 grams or more | First-Degree Felony | 99 years, with a minimum of 5 years in prison. | $50,000 |
Penalties for Manufacture or Selling of Ecstasy in Texas
If law enforcement suspects that you are selling or manufacturing ecstasy, your charges may be elevated to delivery or manufacture of ecstasy. Some factors that may influence this are the amount of drug seized and the presence of certain paraphernalia such as scales.
The following chart shows the maximum penalties for those convicted of selling or manufacturing ecstasy or MDMA in Texas.
| Amount Possessed | Sentence | Jail or Prison Time | Fine |
| Less than 1 gram | State Jail Felony | 180 days in jail | $10,000 |
| 1 gram to 4 grams | Second-Degree Felony | 20 years in prison | $10,000 |
| 4 grams to 400 grams | First-Degree Felony | 99 years, with a minimum of 5 years in prison. | $10,000 |
| 400 grams or more | First-Degree Felony | 99 years, with a minimum of 10 years in prison. | $100,000 |
If a person delivers ecstasy to a minor, he or she will have their charges elevated to a second-degree felony, which is punishable by up to 20 years in prison and a fine of up to $10,000.
“Drug-Free” Zones in Harris County, Texas
Something to remember, your drug charges can be elevated if you committed the act in a “drug-free” zone. Texas law outlines certain areas that are considered “drug-free.” If a person uses, possess, sells, or manufactures a controlled substance in these areas, he or she may have their penalties enhanced.
Texas “drug-free” zones include:
- On a school bus
- Within 300 feet of either:
- A video arcade facility; or
- A public swimming pool.
- Within 1,000 feet of any of the following:
- A playground;
- A public youth center;
- A private youth center;
- Elementary School;
- Middle school;
- High School;
- Any school property;
- School board property; or
- An institute of higher learning.
Drug Court in Harris County, Texas
Harris County’s justice system does offer alternatives for those struggling with drug dependencies. Drug court provides programs instead of incarceration for those suffering from chemical addiction. If an eligible participant successfully completes drug court, he or she will have their charges reduced or dropped.
Success Through Addiction Recovery (STAR) is Harris County’s drug court program. The purpose of STAR is to fight the destructive drug addiction cycle, and offer offenders treatment for their drug abuse. However, there are certain requirements that a participant must meet to be accepted into STAR.
- The offender must have:
- A previous drug conviction;
- First-time offender with a history of drug and/or alcohol abuse; or
- Two prior drug-related arrests.
- The offender is an adult or is an juvenile who is being tried as an adult; and
- The offender is a legal citizens in the United States; and
- The offender is a resident of Harris County, Texas; and
- Has a drug addiction.
Sadly, not every person is eligible for drug court. Certain convictions and mental states can bar a person from being able to participate in STAR or Harris County drug court.
Any of the following scenarios can cause a person to be ineligible in drug court.
- The alleged offender has a pending charge for delivery or manufacture of a controlled substance or dangerous drugs;
- The alleged offender has a pending charge for a clandestine lab, or conducting the operations of a clandestine lab;
- The alleged offender is unable to participate due to being severely mentally ill and cannot understand the structure of drug court;
- The alleged offender was arrested for a new felony charge and was previously terminated from the program; or
- Has a previous conviction for any of the following:
- Any offense where a firearm is presented or used;
- Any kind of crime of violence;
- Burglary of a habitation; or
- A sex offense.
Additional Resources
Texas Drug Laws – Visit the official website for Texas state laws and legislation. Find more information about which drugs are categorized in which Penalty Groups, penalties for possession, and penalties for delivery or manufacture of an illegal drug.
STAR Drug Court Program – Visit the official website for Harris County District Courts and find more information surrounding the Success Through Recovery Addiction (STAR) program. Find more information on eligibility, important court documents, and which judges are on the docket.
Houston Lawyer for Ecstasy Crimes in Texas
If you or someone you know has been charged with possessing, using, manufacturing or selling ecstasy or MDMA, it’s imperative that you gain trusted legal representation. With the assistance of an attorney, you can create a strong defense to fight for your rights in court.
Attorney Brian Benken understands the ins and outs of Texas controlled substance laws. He has over 30 years of experience in criminal defense. Gain not just an attorney, but also a partner in this complex legal process. Call Brain Benken at (713) 223 - 4051 to schedule a free consultation.
The Benken Law Firm accepts clients throughout all communities in Harris County and surrounding counties including Houston neighborhoods such as Alief, Westchase, Greenspoint, Houston Heights, and Midtown.
Call Brian Benken at The Benken Law Firm or simply submit an online contact form for a free consultation.
This article was last updated on October 12, 2018.
