What Is the Ecstasy Schedule in Georgia?

Ecstasy, or MDMA, is a synthetic drug known for its association with party and club environments. In Georgia, offenses related to ecstasy carry significant legal ramifications. This article outlines how Georgia law addresses ecstasy, covering the types of offenses and their potential penalties.

Classification Under State Law

Georgia law classifies controlled substances using a schedule system based on their potential for abuse, medical use, and likelihood of dependence.

Georgia’s Controlled Substances Act, found in Title 16, Chapter 13 of the Official Code of Georgia Annotated (O.C.G.A.), details these schedules.¹ MDMA (ecstasy) is a Schedule I controlled substance under O.C.G.A. Section 16-13-25.² This means Georgia views MDMA as having a high potential for abuse, no accepted medical use in the U.S., and a lack of safety for use even under medical supervision.

Possession Offenses

Georgia law defines different forms of drug possession. Prosecutors must meet specific legal criteria for each type.

Actual Possession

Actual possession means having direct physical control over a substance. For example, ecstasy found in an individual’s pocket, hand, or purse. Prosecutors must prove the accused knowingly had direct physical control of the drug.

To secure a conviction, the state must show the individual was aware of the drug and intended to possess it. Simply being near the drug is not enough; there must be evidence linking intent and control. Even a trace amount of ecstasy can lead to an actual possession charge if awareness is proven.

Constructive Possession

Constructive possession occurs when ecstasy is not on an individual’s person but is in a location under their control, like their home or car. Prosecutors must prove the accused knowingly had the power and intent to control the substance.

For example, ecstasy found in the glove compartment of a person’s car could lead to this charge. If multiple people have access to the location, the state must provide evidence specifically linking the accused to the drugs. Mere presence near the drug or ownership of the property where it’s found is not enough without proof of the defendant’s power and intent to control it.

Joint Possession

Joint possession occurs when two or more individuals share possession of ecstasy. This means multiple people knew about and could control the substance, making all of them potentially liable. For instance, if ecstasy is on a coffee table in a shared living room and evidence shows all roommates were aware and had access, all could face joint possession charges.

The prosecution must show that each person had the power and intent to control the drug, either together or individually. Shared authority and control over the area where the drug is found can establish joint possession. Evidence must link each person to the drugs, showing a shared intent that goes beyond just being nearby.

Distribution Offenses

Georgia law penalizes the distribution of ecstasy, which includes any transfer or attempted transfer of MDMA.

Under O.C.G.A. Section 16-13-30, it is illegal to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute Schedule I drugs like MDMA. The term “distribute” is defined in O.C.G.A. Section 16-13-21 as delivering a controlled substance.³ “Delivery” means the actual, constructive, or attempted transfer between people, whether or not money is exchanged. This includes sales and sharing.

A conviction for distribution requires proof that the accused knowingly sold or delivered ecstasy. Evidence might include observed transactions, testimony, or items like scales or packaging. The main element of a distribution offense is the illegal transfer of the drug.

Penalty Ranges

Penalties for ecstasy-related crimes in Georgia are significant due to its Schedule I classification. The consequences depend on the offense type (like possession versus distribution) and the amount of ecstasy involved.

For possessing ecstasy, state law specifies penalties for a first or second conviction based on quantity. Possession of less than one gram (solid or on a secondary medium) or less than one milliliter (liquid) is a felony punishable by one to three years imprisonment. If the amount is at least one gram but less than four grams (or at least one milliliter but less than four milliliters), it’s a felony with one to eight years imprisonment. For amounts of at least four grams but less than 28 grams (or at least four milliliters but less than 28 milliliters), the penalty is a felony with one to fifteen years imprisonment.⁴ These penalties are for possession. Penalties for individuals with prior drug convictions are discussed next.

Repeat Offender Consequences

Georgia law imposes more severe penalties on individuals with prior drug-related convictions who face new ecstasy charges.

A second or subsequent conviction for offenses involving Schedule I substances like ecstasy can result in up to double the usual imprisonment or fine. For example, a second conviction for selling a Schedule I drug could lead to ten to forty years in prison, or even life imprisonment, compared to five to thirty years for a first offense.⁵

Georgia’s two strikes and three strikes laws, under O.C.G.A. Section 17-10-7, also impact sentencing for those with multiple prior felony convictions.⁶ A new ecstasy-related felony can trigger mandatory minimum sentences without parole. For instance, someone with three prior felonies, or two prior felonies who commits a fourth non-serious violent felony, must serve the maximum sentence for that fourth conviction without parole. If this fourth felony is a serious violent felony as defined in O.C.G.A. Section 17-10-6.1, the sentence is life without parole.⁷

Being a repeat drug offender also reduces eligibility for alternative sentencing or diversion programs. Courts and prosecutors are often stricter, making it harder to negotiate for treatment programs instead of jail time.