New Jersey Section 2C:35-10.3 – Possession, etc. of flunitrazepam; penalties

New Jersey’s Strict Laws Against Roofies – What You Need to Know

What is Flunitrazepam?

Flunitrazepam (roofies) is a strong, fast-acting benzodiazepine sedative, similar to Xanax or Valium but like 5-10 times more potent. It’s never been approved for medical use in the U.S., and it’s best known as a date rape drug slipped into drinks to incapacitate victims.

The effects of roofies begin in as little as 10 minutes and peak within an hour. People under the influence experience drowsiness, confusion, impaired coordination and memory, and amnesia about what happened while drugged. This makes flunitrazepam a popular tool for sexual assault and other crimes.

Flunitrazepam is classified as a Schedule IV controlled substance, meaning it has a high potential for abuse and addiction. Simple possession is a federal misdemeanor punishable by up to 1 year in prison.

But New Jersey goes above and beyond federal law when it comes to roofies…

New Jersey’s Tough Law Against Flunitrazepam

Under N.J. Stat. § 2C:35-10.3, possession of flunitrazepam in New Jersey – even a small, personal use amount – brings severe criminal penalties:

• Possession of 1 pill or less of flunitrazepam is a 3rd degree crime punishable by 3-5 years in prison and fines up to $35,000
• Possession of more than 1 pill bumps the offense up to a 2nd degree crime with 5-10 years behind bars and fines up to $150,000

It’s among the harshest state laws against flunitrazepam in the U.S. Only Texas treats roofie possession equally severely.

Unlike other drug possession charges in New Jersey that allow for drug court diversion programs, there is no “conditional discharge” option for flunitrazepam possession. Even first-time offenders face mandatory jail time.

Why Such Harsh Punishment for Roofies?

The New Jersey Legislature passed N.J. Stat. § 2C:35-10.3 in 1997 due to growing concern over flunitrazepam’s use in sexual assault. They wanted to crack down hard on this “date rape drug” before it became widespread.

The sponsoring legislators argued tough penalties were needed because flunitrazepam:

• Is odorless, colorless, and tasteless, making it easy to slip into drinks undetected
• Causes rapid and severe sedation, memory loss, and amnesia, leaving victims unable to resist or recall assault
• Had been implicated in sexual assaults nationwide since the early 1990s
• Was becoming increasingly available as Mexican pharmaceutical companies ramped up production

Women’s rights groups lobbied hard for the strict law to deter would-be rapists from using this “cowardly” drug. But critics argued the harsh penalties were excessive and took discretion away from judges.

Defenses to Flunitrazepam Possession Charges

Because N.J. Stat. § 2C:35-10.3 is such a strict liability offense, defenses are limited. Simple excuses like “I didn’t know it was illegal” or “It was only one pill” won’t fly. Possible defenses include:

• Lack of knowledge: You had no knowledge the pills contained flunitrazepam. For example, someone slipped roofies into your bag without your knowledge.
• Legal prescription: You have a valid prescription for flunitrazepam from another country. However, this prescription would not be valid in the U.S.
• Entrapment: Law enforcement coerced or improperly induced you into committing the crime.
• Illegal search: Police violated your 4th Amendment rights by searching you or your property without consent or probable cause. Evidence from such a search could be suppressed.
• Misidentified substance: Chemical testing shows the pills are not actually flunitrazepam.
• Medical emergency: You possessed roofies for the sole purpose of seeking immediate medical help for yourself or someone else.
• Involuntary intoxication: Someone secretly drugged you with flunitrazepam without your consent.

Your best bet is to hire an experienced New Jersey criminal defense lawyer if you’re facing flunitrazepam possession charges. A skilled attorney can evaluate any potential defenses and negotiate with prosecutors for reduced charges or diversion programs. They will aggressively defend your rights at every stage.

Don’t Mess with Roofies in New Jersey

Flunitrazepam might seem like an easy way to incapacitate someone, but getting caught with even one pill can ruin your life in New Jersey. This state has zero tolerance for possession of this notorious date rape drug.

You face guaranteed jail time and felony charges under N.J. Stat. § 2C:35-10.3. The risks are simply not worth it compared to other states. Don’t become a convicted felon – stay far away from flunitrazepam in New Jersey.