Understanding New Jersey’s Law on Manufacturing Flunitrazepam

New Jersey has strict laws prohibiting the manufacturing, distribution, and possession of flunitrazepam, commonly known as “roofies”. This powerful sedative has gained notoriety for its use in drug-facilitated sexual assault. In this article, we’ll break down the key provisions of N.J. Stat. § 2C:35-5.3 and examine the penalties for violating this law.

What is Flunitrazepam?

Flunitrazepam is a central nervous system depressant belonging to the benzodiazepine class of drugs. It is approximately 10 times more potent than diazepam (Valium). The effects of flunitrazepam include sedation, muscle relaxation, confusion, memory loss, dizziness, and impaired coordination.

Flunitrazepam is not approved for medical use in the United States, although it is prescribed in some countries as a short-term treatment for severe insomnia and other sleep disorders. However, due to concerns about abuse potential and toxicity, flunitrazepam has never been approved by the U.S. Food and Drug Administration (FDA) [1].

Most flunitrazepam in the U.S. is illicitly manufactured in clandestine labs overseas and smuggled into the country. On the street, flunitrazepam is commonly referred to as “roofies,” “roaches,” or “date rape drug” due to its strong sedative/hypnotic effects and the risk of it being surreptitiously given to victims to facilitate sexual assault[2].

Overview of N.J. Stat. § 2C:35-5.3

In 1997, New Jersey enacted N.J. Stat. § 2C:35-5.3 specifically to criminalize the manufacturing, distribution, and possession of flunitrazepam. This statute is part of the state’s Comprehensive Drug Reform Act.

Under § 2C:35-5.3, it is illegal for any person to:

• Knowingly or purposely manufacture, distribute, or dispense flunitrazepam
• Possess flunitrazepam with intent to manufacture, distribute, or dispense it

The statute covers finished flunitrazepam products as well as any material, compound, mixture, or preparation containing flunitrazepam.

Penalties Under § 2C:35-5.3

Violating N.J. Stat. § 2C:35-5.3 is a felony offense. The severity of the crime and applicable penalties depend on the quantity of flunitrazepam involved:

• Less than 1 gram – 3rd degree crime
  • 3-5 years imprisonment
  • Up to $15,000 fine
• 1 gram or more, but less than 5 grams – 2nd degree crime
  • 5-10 years imprisonment
  • Up to $150,000 fine
• 5 grams or more, but less than 10 grams – 1st degree crime
  • 10-20 years imprisonment
  • Up to $200,000 fine
• 10 grams or more – 1st degree crime with mandatory extended term
  • 20 years – life imprisonment
  • Up to $300,000 fine

Unlike most other drug offenses in New Jersey, there is no “personal use” exception for flunitrazepam under § 2C:35-5.3. Simply possessing any amount of flunitrazepam is a criminal offense.

Defenses to Flunitrazepam Charges

If you are facing charges under § 2C:35-5.3, some possible defenses to explore with your criminal defense attorney include:

• Lack of intent – The state must prove you knowingly manufactured, distributed, dispensed, or possessed flunitrazepam. If you did not know the pills contained flunitrazepam, you may lack the requisite intent.
• No possession – If the flunitrazepam was not actually found on your person, you can challenge whether you constructively “possessed” it.
• Misidentification – Flunitrazepam pills are small, white tablets that look similar to many other prescription sedatives. You can argue the pills were misidentified.
• Illegal search – If the flunitrazepam was discovered during an unconstitutional search, the evidence may be suppressed.
• Entrapment – You may have a defense if the undercover police coerced or induced you into committing the crime.

Additional Consequences

A flunitrazepam conviction can carry severe collateral consequences beyond just jail time and fines. You may face:

• Suspension or revocation of your driver’s license
• Loss of certain professional licenses or certifications
• Deportation if you are not a U.S. citizen
• Loss of voting rights
• Difficulty finding employment
• Ineligibility for federal student loans and public housing