Generally speaking, California drug possession laws vary based on how much you possess and, depending on what drug is involved, small quantities may even result in an infraction rather than a real criminal charge. This is not the case when it comes to the most well known date rape drug, Rohypnol. If you have been arrested for Rohypnol possession, it is critical you contact a top San Marcos criminal defense attorney as soon as possible.
Because Rohypnol is more commonly used for date rape than for recreational use, it is subject to distinctive laws at both the state and federal level. Even the next two most commonly used date rape drugs, GHB and Ketamine, do not carry such strict penalties as the possession of Rohypnol. Under California state law, possession of Rohypnol can result in either up to one year in jail or three years in prison depending on whether it is charged as a misdemeanor or a felony. If you are charged with selling the drug, you will always face felony charges and you may be subject to up to four years in prison. It’s worth noting that any designer drug which mimics an already classified controlled substance is also illegal to possess. A skilled San Marcos drug lawyer may be able to ensure you are charged with a misdemeanor if you face a possession charge or that those facing sales charges are able to have them reduced to simple possession charges instead.
Under federal law, possession of any amount of Rohypnol carries a sentence of up to three years and a $5,000 fine, but if you are convicted of possession with intent to distribute, you will face up to ten years in prison and $4,000,000 in fines. If the sale of Rohypnol resulted in serious bodily injury or death, you could even face up to 20 years in prison. With sentences like that, it’s easy to see why you should never fight federal Rohypnol charges without an experienced San Marcos federal defense lawyer at your side.
Of course, if you have been accused of having sex with someone after giving them Rohypnol without their knowledge or consent, you will also face rape charges. There is no legal difference between date rape that occurred while the victim was unconscious and that that took place while the victim consciously did not consent.
If you have any questions about the possession of Rohypnol or about date rape that took place while the victim was under the influence of Rohypnol, please call (760) 643-4050 to schedule a free initial consultation with lawyer Peter M. Liss.
