What is the punishment for ecstasy possession in Texas?
Possession of MDMA A person convicted of possessing a personal use amount of MDMA in California faces a maximum of 1 year in the county jail or state prison. It is almost unheard of for a judge to actually impose such harsh sentence. If the person meets six criteria the prosecutor is required to refer the case to Diversion. The six criteria for Diversion are: (1) The defendant has no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense. (2) The offense charged did not involve a crime of violence or threatened violence. (3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed in this subdivision. (4) The defendant's record does not indicate that probation or parole has ever been revoked without thereafter being completed. (5) The defendant's record does not indicate that he or she has successfully completed or been terminated from diversion or deferred entry of judgment pursuant to this chapter within five years prior to the alleged commission of the charged offense. (6) The defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense.(See Pen. Code. Sec. 1000; For more about California's diversion program read this article by Jeff Brown of the San Francisco Public Defender's Office.) If a person is eligible for Diversion they are able to enter a conditional plea of guilty and if they then successfully complete the diversion program (usually "drug education" classes) the plea is set aside. This means that they do not receive a criminal record. Possession of MDMA with Intent to Sell Punishment for possession of MDMA with intent to sell is governed by section 11378 of the California Health and Safety Code. Along with Penal Code Section 18, the punishment is a state prison term of 16 months, or two years, or three years. Diversion is not an option.