Understanding New Jersey’s Laws on Gamma Hydroxybutyrate (GHB)

New Jersey has strict laws prohibiting the manufacture, distribution, and possession of gamma hydroxybutyrate (GHB), commonly known as the “date rape” drug. GHB is an extremely potent sedative that can render victims unconscious and vulnerable to sexual assault. This article provides an overview of the relevant statutes, penalties, and defenses.

What is Gamma Hydroxybutyrate (GHB)?

Chemically known as gamma hydroxybutyric acid, GHB is a central nervous system depressant originally synthesized in the 1960s. In the 1990s, it emerged as a popular club drug due to its euphoric, relaxing effects at low doses.

However, at higher doses, GHB can cause drowsiness, dizziness, visual disturbances, amnesia, and even respiratory depression or death. It also interacts dangerously with alcohol and other depressants. Due to these effects, GHB became known as a “date rape” drug used to incapacitate victims.

The only FDA-approved version of GHB is Xyrem, used to treat narcolepsy. Xyrem is tightly controlled and only available through a restricted program. Any other form of GHB is strictly prohibited in the U.S.

New Jersey Laws on GHB Possession

Under N.J.S.A. 2C:35-10.2, it is illegal in New Jersey to knowingly or purposely obtain or possess GHB unless it was obtained directly through a valid prescription.

Possessing any amount of GHB is a third-degree crime punishable by 3-5 years in prison and a fine up to $35,000.

Possession of GHB near a school zone or public housing facility is a second-degree crime with even harsher penalties of 5-10 years in prison and fines up to $150,000.

New Jersey Laws on GHB Distribution and Manufacturing

New Jersey has strict penalties for distributing or manufacturing GHB under N.J.S.A. 2C:35-5.2.

Manufacturing, distributing, or dispensing GHB – or possessing GHB with intent to manufacture, distribute, or dispense – is a second-degree crime. This carries 5-10 years in prison and fines up to $150,000.

Selling or distributing GHB to a minor or within a school zone elevates the crime to first-degree, punishable by 10-20 years in prison and fines up to $200,000.

Defenses to GHB Charges

There are several legal defenses that could potentially beat GHB charges:

• Lack of knowledge – If you can show you did not knowingly possess GHB, this could negate the intent element. For example, someone slipped it into your drink without consent.
• Prescription – Possessing GHB prescribed by a doctor is legal. But the prescription must be valid and taken as directed.
• Illegal search – If police violated your rights by conducting an illegal vehicle search or home search, any GHB found could be excluded.
• Faulty lab tests – Lab tests identifying alleged GHB sometimes produce false positives. Your attorney can scrutinize the testing methodology.
• Entrapment – Undercover cops cannot coerce you into committing a crime you otherwise would not.

An experienced criminal defense lawyer can evaluate the facts of your case and decide the best defense strategy. Don’t hesitate to consult a lawyer if you face GHB charges.

Penalties for GHB Crimes in New Jersey

As outlined above, GHB crimes carry stiff penalties in New Jersey. Some key points:

• Possessing any amount of GHB is a 3rd degree crime with 3-5 years in prison. Near a school zone bumps it up to a 2nd degree crime.
• Selling, making, or distributing GHB is a 2nd degree crime with 5-10 years in prison. To a minor or near a school is a 1st degree crime.
• Fines up to $150,000 (up to $200,000 for sales to minors).
• Mandatory driver’s license suspension of 6 months – 2 years.
• Possible Drug Enforcement and Demand Reduction (DEDR) penalties of $500-$3,000 to fund drug abuse programs.
• Permanent criminal record impacting jobs, housing, loans, and reputation.

Because penalties are so severe, anyone facing GHB charges needs an aggressive defense lawyer on their side. An experienced attorney can negotiate with prosecutors for reduced charges or pre-trial intervention to avoid a conviction.

Why GHB Laws Are So Strict

GHB laws in New Jersey and elsewhere are intended to curb sexual assaults facilitated through use of the “date rape” drug. By incapacitating victims, GHB leaves them vulnerable to predators.

Strict laws also aim to stop recreational abuse of this dangerous substance that has been linked to overdoses and deaths, especially when mixed with alcohol.

While laws should deter misuse of GHB, they should also allow for just outcomes for those who may have been wrongly accused. Anyone charged deserves a fair process, robust defense, and their day in court.

Conclusion

New Jersey takes a hard line against illegal use of gamma hydroxybutyrate, known as a date rape drug. Possessing or distributing GHB carries stiff criminal penalties. But with an experienced lawyer, you can build a strong defense against allegations. Do not hesitate to exercise your rights if accused of crimes related to GHB.