"MDMA possession" and "transporting and selling"

[cnguyen]

What is the name of your state (only U.S. law)? CA

So what if I was in a drug bust for MDMA and the cops heard the transaction go down and found MDMA in my car (approximately 90 pills) and I was buying pills from the dealer (approximately 300) ? They want to charge me with possession and transporting and selling and had a undercover cop buying from me 3 times. I have no prior arrests/misdemeanors/charges on my record. Am I able to get probation and be in a program under prop 36? What is the worse case scenario that can happen?

 

[tranquility]

What is the name of your state (only U.S. law)? CA

So what if I was in a drug bust for MDMA and the cops heard the transaction go down and found MDMA in my car (approximately 90 pills) and I was buying pills from the dealer (approximately 300) ? They want to charge me with possession and transporting and selling and had a undercover cop buying from me 3 times. I have no prior arrests/misdemeanors/charges on my record. Am I able to get probation and be in a program under prop 36? What is the worse case scenario that can happen?

I believe "sales" and "transportation or possession for sale" are exempted from Prop 36 as they non-violent drug "possession" offenses.

 

[sandyclaus]

I believe "sales" and "transportation or possession for sale" are exempted from Prop 36 as they non-violent drug "possession" offenses.

Yup.

A “nonviolent drug possession offense” (NDPO) is defined as

• the unlawful possession, use, or transportation for personal use of certain controlled substances [H&SC §§11054–11058 (Schedule I–V controlled substances)] or
• the offense of being under the influence of a controlled substance [H&SC §11550].

The term does not include the possession for sale, production, or manufacturing of any controlled substance and does not include violations of PC §4573.6 or §4573.8 (possession of drugs or drug paraphernalia in jails or prisons). [PC §1210.1(a).]

Looks like Prop 36 won't work out for OP like they hoped it would

 

[cnguyen]

Confused

Hi I'm sorry I don't really understand law lingo. So I'm assuming from your replies that there is no way of getting probation?

 

[sandyclaus]

Hi I'm sorry I don't really understand law lingo. So I'm assuming from your replies that there is no way of getting probation?

You were arrested for POSSESSION WITH INTENT TO SELL. The Prop 36 probation only is available to those who possess an amount of the controlled substance intended for personal use. Once you crossed over into selling quantity, that took away your ability to apply Prop 36 to your situation.

And before you try to argue that you WEREN'T selling, that it was all for personal use, allow me to remind you what you already said you did:

...found MDMA in my car (approximately 90 pills) and I was buying pills from the dealer (approximately 300)...

You don't NEED almost 400 pills of MDMA for PERSONAL use.

And then there's THIS:

...had a undercover cop buying from me 3 times...

So you were ALSO caught selling to an undercover cop.

So, no probation for you - at least not utilizing Prop 36.

 

[dave33]

Hi I'm sorry I don't really understand law lingo. So I'm assuming from your replies that there is no way of getting probation?

At this point there is no realistic way to determine what will happen. If a plea is worked out, it will depend on what you plead guilty to and whether or not that charge is eligible for the program.

It is common in many juristictions to drop sales and intent to sell in exchange for a guilty plea on the poss. charge. This whole scenario is something to discuss with your attorney. goodluck.