What are the defenses to ecstasy charges in Nevada?

The most effective defense strategies in ecstasy cases depend on the circumstances of the case. Typical defenses are: 1) You did not know the MDMA was there; 2) The police entrapped you; and/or 3) The police executed an illegal search and seizure.

Can an ecstasy case be sealed in Nevada?

Yes. The waiting period to seal a Nevada conviction depends on the category of crime you were convicted of. Category E felony convictions may be sealed 2 years after the case ends. Category D, C, or B convictions can be sealed 5 years after the case ends. And category A convictions can be sealed 10 years after the case ends. Dismissed drug charges may be sealed right away.

Are there immigration consequences to ecstasy charges?

Yes, MDMA is a deportable crime in Nevada. In fact, merely admitting to being addicted or dealing drugs makes aliens vulnerable to deportation. Consequently, non-citizens facing drug charges should retain a skilled immigration and criminal defense attorney without delay.

MDMA (Ecstasy) Laws & Penalties in Las Vegas, Nevada

Q: What are the penalties for ecstasy crimes?

It depends on which Nevada drug offense you were convicted of. For example, a first-time conviction of possession for personal use is a category E felony, usually carrying probation. A first-time conviction of possession with intent to sell is a category D felony, carrying 1 to 4 years in prison and up to $5,000 (at the court's discretion). A first-time conviction of selling drugs is a category B felony, carrying 1 to 6 years in prison and up to $20,000.

Q: Can ecstasy charge get reduced or dismissed in Nevada?

Nevada prosecutors may be willing to lessen or drop drug charges to avoid going to trial. If this is your first-time offense, you are more likely to receive favorable plea deals. You also may get the opportunity to avoid jail by completing Drug Court. Drug Court is an intensive rehabilitation program. Upon successful completion, the D.A. will dismiss the case entirely. Alternatively, the D.A. may lessen a felony drug charge to a misdemeanor under NRS 454.351. The maximum penalties include 6 months in jail and/or $1,000 in fines.

MDMA (the drug ecstasy) is illegal in Nevada. Specifically, it is a crime to consume, be under the influence of, sell, transport, traffic, or manufacture the drug. The penalties depend on which of these offenses you are charged with.

Common felony charges that get filed in ecstasy cases include:

It is a misdemeanor to commit being under the influence (NRS 453.441).

Ecstasy (MDMA, “X”, or “Molly”) is an illegal Schedule I controlled substance often used and sold at Las Vegas nightclubs and pool parties.

The following bubble graph shows the standard prison sentence for first-time ecstasy crimes in Nevada, though probation may be possible in most cases:

Ecstasy penalties in Nevada

In this article, our Las Vegas criminal defense lawyers answer frequently asked questions about ecstasy narcotic offenses in Nevada.

1. What are the penalties for ecstasy crimes?

It depends on which Nevada drug offense you were convicted of, as the following table shows.

Nevada Ecstasy Crime

Punishments

Possession for personal use

(NRS 453.336)

Penalties depend on the amount and if you have prior convictions. See our page on drug possession (NRS 453.336) to learn more.

For a first or second offense involving less than 14 grams, it is a category E felony:

If you are eligible and plead guilty or no contest, the court will grant you a deferral of judgment, which means that the court will dismiss the case if you complete certain court-ordered terms. Otherwise, category E felony convictions carry probation and a suspended sentence, which may include up to one year in jail. (Though if you have two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.)

Possession with the intent to sell

(NRS 453.337)

1st conviction

Category D felony:

1 – 4 years in prison; and
Up to $5,000 (at court’s discretion)

2nd conviction

Category C felony:

1 – 5 years in prison; and
Up to $10,000 (at court’s discretion)

3rd conviction

Category B felony:

3 – 15 years in prison; and
Up to $20,000 (at court’s discretion)

Selling, giving away, trading, transporting, importing, dispensing, or administering

(NRS 453.321)

1st conviction

Category C felony:

1 – 5 years in prison; and
Up to $10,000

2nd conviction

Category B felony:

2 – 10 years in prison; and
Up to $20,000

3rd conviction

Category B felony:

3 – 15 years in prison; and
Up to $20,000

Trafficking

(NRS 453.3385)

It depends on the quantity:

100 grams to less than 400 grams

Category B felony:

2 – 20 years in prison; and
Up to $100,000

400 grams or more

Category A felony:

25 years or life in prison (with the possibility of parole after 10 years); and
Up to $500,000

Being under the influence

(NRS 453.411)

Misdemeanor:

Up to $1,000 in fines, and/or
Up to 6 months in jail¹

2. What are the defenses?

The most effective defense strategies in ecstasy cases depend on the circumstances of the case. Typical defenses are:

You did not know the MDMA was there,
The police entrapped you, and/or
The police executed an illegal search and seizure

No knowledge of the ecstasy

You are not guilty of drug possession if you are honestly unaware of the drugs being there.²

Example: Jan and Jennifer share a Las Vegas apartment. Jan hides MDMA under the living room floorboards without Jennifer’s knowledge. Acting on a tip, a police officer gets a search warrant and finds the ecstasy. The officer then arrests Jan and Jennifer for possession. But Jennifer should not be convicted because she genuinely had no idea the ecstasy was in her home.

If the D.A. in the above example cannot prove beyond a reasonable doubt that Jennifer knew the ecstasy was in her apartment, the case should be dismissed.

Entrapment

Law enforcement is not allowed to trick (“entrap”) you into committing a crime that you are not predisposed to commit.³

Example: In Laughlin, an undercover police officer goes to a rave and observes Hannah popping MDMA. The officer asks to buy one of her ecstasy pills. Hannah declines. The officer then threatens to beat Hannah if she refuses to sell. Hannah complies, and the officer arrests her for selling drugs. But Hannah should not be convicted because the undercover officer entrapped her with threats, and she was not predisposed to sell drugs.

If Hannah in the above example accepted the officer’s first offer to buy the drugs, then Hannah would have a hard time arguing that she was entrapped. Police are allowed to go undercover and lie to suspects. They just cannot threaten suspects to get them to carry out a crime.

Illegal search and seizure

Police must abide by the Fourth Amendment when executing a search. Whenever officers cross the line, the defense attorney should request that the judge exclude (“suppress”) any evidence found from the unconstitutional search. This is called a motion to suppress evidence.

If the court agrees to suppress the evidence, the prosecution may be left with too little evidence to sustain a conviction. The D.A. may then reduce or dismiss the charges. In these types of cases, your behavior is not as important as the police’s misbehavior.

3. Can the charge be reduced or dismissed?

Nevada prosecutors may be willing to lessen or drop drug charges to avoid going to trial.

If this is your first offense, you are more likely to receive favorable plea deals. You also may get the opportunity to avoid jail by completing Drug Court.

Drug Court is an intensive rehabilitation program. Upon successful completion, the D.A. will dismiss the case entirely.

Alternatively, the D.A. may lessen a felony drug charge to a misdemeanor under NRS 454.351. The maximum penalties include:

6 months in jail, and/or
$1,000 in fines

4. Can the record be sealed?

Yes. The waiting period to seal a Nevada conviction depends on the category of crime you were convicted of. Though dismissed drug charges may be sealed right away.

The following table shows the record seal wait times in Nevada.

Nevada Ecstasy Conviction	Record Seal Waiting Period
Misdemeanor	1 year after the case ends
Category E felony	2 years after the case ends
Category D felony Category C felony Category B felony	5 years after the case ends
Category A felony	10 years after the case ends
Dismissal (no conviction)	Immediately

If the ecstasy charge gets lessened to a misdemeanor, the waiting period to pursue a record seal is one year after the case closes.⁴

Read about how to get a Nevada record seal.

5. Are there immigration consequences?

Yes, any criminal conviction involving ecstasy can lead to deportation. In fact, merely admitting to being addicted or dealing drugs makes aliens vulnerable to deportation.⁵ Consequently, non-citizens facing drug charges should retain a skilled immigration and criminal defense attorney without delay.

6. Related offenses

See our articles on:

Laws in Other States:

Arrested in California? Go to our informational article on California ecstasy laws.

Arrested in Colorado? Go to our informational article on Colorado ecstasy laws.

Legal References:

NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
Sanders v. State, 110 Nev. 434, 874 P.2d 1239 (1994).
Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988).
NRS 179.255; NRS 179.245.
8 U.S.C. 1227(a)(2)(B).

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