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MDMA sales charge solicitation

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Barber818

New member
My roommate was selling MDMA outside a music venue and was ask concert goers if they wanted to purchase any MDMA asked an undercover police officer ......... California law
 

quincy

Senior Member
My roommate was selling MDMA outside a music venue and was ask concert goers if they wanted to purchase any MDMA asked an undercover police officer ......... California law
Your roommate will want to speak to a criminal defense attorney in your area of California. Your roommate should speak to NO ONE but the attorney.

Here is a link to the law:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11352
The fact that your roommate tried to sell to an undercover police officer does not bode well for chances to escape conviction - but all facts will matter.
 

quincy

Senior Member
Although your friend has already said too much to the police with the drug sale, have your friend watch the following video:
 

CdwJava

Senior Member
The good news is that in most counties this stands a good chance of being dropped to misdemeanor possession with probation ... unless of course there are significant priors or this occurred in one of the few counties where they actually still pursue felony drug sales offenses.

Speak with an attorney. I think you'll find that a deal with no jail time is likely.
 

quincy

Senior Member
The good news is that in most counties this stands a good chance of being dropped to misdemeanor possession with probation ... unless of course there are significant priors or this occurred in one of the few counties where they actually still pursue felony drug sales offenses.

Speak with an attorney. I think you'll find that a deal with no jail time is likely.
I am puzzled why the police would send undercover police to the music venue if only to charge concert goers with possession. It seems to me that the sellers of drugs are a more attractive target and the sole reason for police going undercover.
 
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CdwJava

Senior Member
I am puzzled why the police would send undercover police to the music venue if only to charge concert goers with possession. It seems to me that the sellers of drugs are a more attractive target and the sole reason for police going undercover.
Not all of the narcotics task forces have been dissolved. While the state agents have largely been removed (CA DOJ effectively disbanded their drug enforcement unit which directed these task forces), there are still federal funds available that continue to fund a few of these task forces, and even local narco units in larger law enforcement agencies. Unfortunately, in spite of ongoing enforcement actions, penalties tend to be on the light side - or, in far too many instances - non existent. You should hear the officers *itch about it!

The reality is that most counties no longer pursue drug cases with any seriousness. Pleas and dropped cases are the new norm.
 

quincy

Senior Member
Not all of the narcotics task forces have been dissolved. While the state agents have largely been removed (CA DOJ effectively disbanded their drug enforcement unit which directed these task forces), there are still federal funds available that continue to fund a few of these task forces, and even local narco units in larger law enforcement agencies. Unfortunately, in spite of ongoing enforcement actions, penalties tend to be on the light side - or, in far too many instances - non existent. You should hear the officers *itch about it!

The reality is that most counties no longer pursue drug cases with any seriousness. Pleas and dropped cases are the new norm.
I can better understand reduced charges or even dismissed charges for some possession charges - but the selling/distributing of drugs is far more serious.

I don't understand going to the trouble of having undercover officers if the police are only looking to cite for drug possession.
 

CdwJava

Senior Member
I can better understand reduced charges or even dismissed charges for some possession charges - but the selling/distributing of drugs is far more serious.

I don't understand going to the trouble of having undercover officers if the police are only looking to cite for drug possession.
The police assigned to these units still have a job to do and they do it. Changes in state law and prosecutorial priorities have affected prosecutions. Many of these task forces are slowly disbanding due to funding and political pressure. There are a few counties that still try to pursue sales cases, but they tend to focus on major suppliers, not the street dealer. Hence my thought that the OP is likely to get a sweet deal ... if charged at all.
 

CdwJava

Senior Member
It's a real good way to find the sellers.
If an arrest can be used to leverage intel, that's preferable. However, too many of the low level dealers and users have come to realize that penalties are minimal or non-existent and are more willing to ride out the penalty (if any) rather than risk the ire or displeasure of their suppliers.
 

CdwJava

Senior Member
Yep. With rare exceptions.

Out here in CA officers are beginning to treat cocaine, heroin, meth, etc., as we once did marijuana ... ignore it, or, have the offender dump it out. It's a heckuva paradigm shift.
 

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