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Rape Drugs – N.J.S.A. 2C:35-5.2

Union County NJ Rape Drug Defense Attorneys

The New Jersey Criminal Code has created a category of CDS violations under the title of “rape drugs.” Both gamma hydroxybutyrate (“GHB”) and flunitrazepam are included by name within this class of drugs although almost any incapacitating medication could potentially qualify. N.J.S.A. 2C:35-5.2 and 2C:35-5.3 are the NJ laws which deal with a charge involving these forms of controlled dangerous substances and the following is important information if you are facing an offense involving possession or distribution of a rape drug. Our firm, The Law Offices of Jonathan F. Marshall, is comprised of eight criminal attorneys that have been defending individuals in Elizabeth, Cranford, Linden, Plainfield, Union and other municipalities for over 100 years combined. Several lawyers on our staff are former prosecutors who offer a unique perspective in defending a gamma hydroxybutyrate or flunitrazepam case. We also encourage you to contact our Union NJ Office for immediate assistance from an experienced criminal attorney. We are available 24/7 at 908-272-1700.

Possession or Distribution of Gamma Hydroxybutyrate

The first of these is gamma hydroxybutyrate under N.J.S.A. 2C:35-5.2.  Gamma hydroxybutyrate (GHB) is a central nervous system depressant that is odorless and nearly undetectable when placed in a beverage.  The drug is used recreationally to stimulate euphoria and hallucinations, to increase sociability, to promote libido and lower inhibitions.  It is sold under names such as Liquid E and Liquid X. It is usually taken orally, by the capful or teaspoon.  The reason the Legislature saw fit to regulate GHB is that, as far as the United States is concerned, the use of GHB is more prevalent than Rohypnol, the second most common date rape drug in the United States.

It is a crime of the second degree for any person, knowingly or purposely, to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense gamma hydoxybutyrate.  The maximum fine for this offense is higher than the usual maximum for second degree crimes.  For this offense, a fine of up to $150,000.00 may be imposed.  Second degree crimes also carry with them the possibility of between 5 and 10 years of incarceration.

It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, gamma hydroxybutyrate unless the substance was obtained directly, or pursuant to a valid prescription or order form, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by statute.  The maximum fine for this offense is higher than the usual maximum for third degree crimes. For this offense, a fine or up to $100,000.00 may be imposed.

Possession or Distribution of Flunitrazepam

The second drug that has been legislated against is flunitrazepam under N.J.S.A. 2C:35-5.3.  Flunitrazepam is also known as Rohypnol, which is also referred to more commonly as “Roofies”.  Flunitrazepam is known to induce anterograde amnesia in sufficient doses, meaning that individuals are unable to remember certain events that they experienced while under the influence of the drug.  This effect is particularly dangerous when flunitrazepam is used to aid in the commission of sexual assault, because victims may be unable to clearly recall the assault, the assailant, or the events surrounding the assault.

A person who knowingly or purposely manufactures, distributes or dispenses or possesses with intent to distribute flunitrazepam in a quantity of one gram or more is guilty of a crime of the first degree.  The maximum fine for this offense is higher than the usual maximum for first degree crimes. For this offense, a fine or up to $250,000.00 may be imposed.  First degree offenses also carry with them the possibility of imprisonment for 10 to 20 years.  A person who violates this section with respect to flunitrazepam in a quantity of less than one gram is guilty of a crime of the second degree. The maximum fine for this offense is higher than the usual maximum for second degree crimes. For this offense, a fine of up to $150,000.00 may be imposed.  It is also possible that a jail sentence of between 5 and 10 years may also be imposed.  It is a crime of the third degree for any person to merely possess, flunitrazepam, unless the substance was obtained directly, or pursuant to a valid prescription or order form, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by statute.  Crimes of the third degree carry with them the possibility of between 3 and 5 years imprisonment as well as fines of up to $15,000.

Elizabeth NJ Gamma Hydroxybutyrate & Flunitrazepam Lawyer

Given the real possibility of imprisonment associated with these charges, effective representation can prove extremely advantageous. Here at The Law Offices of Jonathan F. Marshall, our lawyers have over a century of collective experience defending against criminal charges, including distribution and possession of CDS. If you have been charged with a crime involving gamma hydroxybutyrate or flunitrazepam, given an attorney on our defense team a call. A lawyer with the skilled to fully protect you against a Union County date rape charge is available immediately to assist you. Contact us at 908-272-1700 to discuss the offense that was filed against you in Westfield, Roselle Park, Hillside, Kenilworth, Springfield or another area municipality. Your initial consultation with our attorneys is free so there is no reason to hesitate in contacting us.