§ 4-4(e) Trafficking in Mdma or Ecstasy

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 4-4(e) Trafficking in MDMA or Ecstasy

The defendant is charged with trafficking in MDMA or ecstasy.

Section 44-53-370(e)(8) of the South Carolina Code of Laws states:

(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchase, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:
(8) one-hundred tablets, capsules, dosage units, or the equivalent quantity, or more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a felony which is known as 'trafficking in MDMA or ecstasy.'

There are three elements to this offense that the State must prove beyond a reasonable doubt:

(1) that the substance involved was in fact MDMA or ecstasy.
(2) that the defendant had possession of the MDMA or ecstasy, either actual possession or constructive possession; and
(3) that there were in fact one-hundred tablets or more of MDMA or ecstasy involved.

MDMA or ecstasy in any form is a controlled substance under the law of this State.

The substance must be MDMA or ecstasy, the defendant must have actual or constructive possession of the MDMA or ecstasy, and the amount involved must be one-hundred tablets or more of MDMA or ecstasy.

The State must prove that the substance involved is in fact MDMA or ecstasy.

The State must further prove the defendant had actual or constructive possession of the MDMA or ecstasy. What does possession of MDMA or ecstasy mean under the law? The law says MDMA or ecstasy in any form is a controlled substance. Possession means more than simply having a controlled substance in one's possession. There must be knowing possession. The State must prove possession of the MDMA or ecstasy by the defendant and the further fact that the defendant knew he had the...