New Jersey Section 2C:35-10.2 – Possession, etc. of gamma hydroxybutyrate; penalties

New Jersey’s Strict Laws on GHB Possession

New Jersey has some of the strictest laws in the U.S. when it comes to possession of gamma hydroxybutyrate (GHB). This drug, commonly known as a “date rape” drug, is illegal under New Jersey statute 2C:35-10.2. Let’s break down what this law says, penalties for violating it, and some key things to know if you’re facing charges.

What is GHB?

First, a quick chemistry lesson! GHB is a central nervous system depressant that’s made from gamma-butyrolactone (GBL) and sodium hydroxide or potassium hydroxide. It comes as an odorless, tasteless liquid or powder that people ingest by swallowing, snorting, or injecting it.

GHB makes you feel euphoric and relaxed at first. But it’s easy to accidentally overdose, causing drowsiness, dizziness, vomiting, seizures, respiratory distress, coma, and even death. Yikes!

GHB gained notoriety as a “date rape” drug in the 90s and 2000s. Predators would secretly slip it into victims’ drinks at bars and parties to incapacitate them. Not cool at all.

What Does the Law Say?

Okay, now onto New Jersey statute 2C:35-10.2. This law makes it illegal to:

• Possess GHB
• Possess GBL (the main ingredient of GHB)
• Possess any chemical or drug that converts into GHB when ingested
• Possess gamma-butyrolactone (GBL), 1,4-butanediol or any other chemical or drug that can be converted into GHB with or without a drug conversion kit
• Manufacture, distribute, or dispense GHB or any of the above chemicals/drugs
• Possess or manufacture GHB or the above with intent to distribute or dispense

Big yikes. This law casts a wide net, criminalizing possession of GHB itself but also any chemicals that could potentially be used to make it.

Penalties for Violating 2C:35-10.2

The penalties for breaking this law depend on how much GHB (or precursor chemicals) you possessed:

• Less than 1 ounce = 3rd degree crime
• 1 ounce to 5 pounds = 2nd degree crime
• More than 5 pounds = 1st degree crime

A 3rd degree conviction can mean 3-5 years in prison and fines up to $35,000.

A 2nd degree conviction ups that to 5-10 years and fines up to $150,000.

And a 1st degree conviction can mean 10-20 years behind bars and fines up to $200,000!

Yowza. New Jersey does not mess around when it comes to GHB and similar drugs. The potential prison time and fines are no joke.

Defenses and Mitigating Factors

If you’re facing charges under 2C:35-10.2, all hope is not lost. Here are some potential defenses and mitigating factors to explore with your attorney:

• Illegal search – If the GHB was discovered through an unconstitutional search, the evidence may be excluded.
• Misidentification – The substance may have been incorrectly identified as GHB. Testing procedures can be faulty.
• Lack of knowledge – You may not have known the substance was GHB (someone slipped it to you, etc.).
• Medical use – In rare cases, GHB is used medically for narcolepsy. Having a prescription could be a defense.
• Coercion – Someone may have coerced or threatened you into possessing the GHB.
• First offense – No prior drug convictions could lead to a more lenient sentence.
• Drug addiction – Courts may order rehab instead of prison for those struggling with addiction.
• Mental health issues – Certain disorders may have contributed to possession of GHB.

Don’t lose hope! With an experienced criminal defense attorney, you may be able to get charges reduced or even dismissed.

The Takeaway

At the end of the day, it’s smart to avoid GHB altogether when in New Jersey. The risks simply aren’t worth it. This state has some of the toughest GHB laws in the country, with long prison sentences and massive fines if convicted.

If you or someone you know is struggling with GHB addiction, seek help immediately. And if you’ve been arrested for GHB possession, consult with a seasoned New Jersey drug crimes lawyer to understand your options. Don’t go it alone against these strict statutes. With the right legal guidance, you may be able to avoid harsh penalties like jail time.