"GHB" and "Rohypnol" laws in Nevada

 


GHB- or Rohypnol-crimes are felonies in Nevada. Only people with prescriptions can lawfully possess them. But the D.A. may agree to plea bargain the charges down to a misdemeanor or a dismissal.

GHB (gamma-hydroxybutyrate) is a schedule III controlled substance. And Rohypnol (flunitrazepam) is a schedule IV controlled substance. They are known as date rape drugs.

Below our Las Vegas criminal defense lawyers answer frequently-asked-questions about GHB and Rohypnol offenses in Nevada.

gamma-hydroxybutyrate
GHB and Rohypnol are known as "date rape" drugs.

1. What are the penalties for GHB or Rohypnol crimes?

The punishment turns on the specific charge the defendant gets convicted of.

Nevada GHB or Rohypnol crime

Prison and fines

Possession for personal use / simple possession (NRS 453.336)

Category B felony:

First-time defendants may be able to get the charge dismissed by completing rehab through Drug Court.

Possession with the intent to sell (NRS 453.337)

1st conviction

Category D felony:

  • 1 – 4 years in prison (the court may grant probation or a suspended sentence); and
  • Up to $5,000 (at the judge's discretion)

2nd conviction

Category C felony:

  • 1 – 5 years in prison; and
  • Up to $10,000 (at the judge's discretion)

3rd or subsequent convictions

Category B felony:

  • 3 – 15 years in prison; and
  • Up to $20,000 (at the judge's discretion)

Selling, giving away, trading, transporting, importing, dispensing, administering, or manufacturing (NRS 453.321)

1st conviction

Category C felony:

  • 1 – 5 years in prison (the court may grant probation or a suspended sentence); and
  • Up to $10,000 (at the judge's discretion)

2nd conviction

Category B felony:

  • 2 – 10 years in prison; and
  • Up to $15,000 (at the judge's discretion)

3rd or subsequent convictions

Category B felony:

  • 3 – 15 years in prison; and
  • Up to $20,000 (at the judge's discretion)

Trafficking (NRS 453.3385)

4 grams to less than 14 grams

Category B felony:

  • 1 – 6 years in prison; and
  • Up to $50,000

14 grams to less than 28 grams

Category B felony:

  • 2 – 15 years in prison; and
  • Up to $100,000

28 grams or more

Category A felony:

  • 25 years or life in prison (with the possibility of parole after 10 years); and
  • Up to $500,000

Being under the influence (NRS 453.411)

Category E felony:

  • 1 – 4 years in prison; and
  • Up to $5,000 (at the judge's discretion)

Courts usually grant probation for a first-time conviction.1

2. What are the defenses?

Typical strategies to fight GHB or Rohypnol cases are:

  1. No knowledge of the drugs.2 Perhaps the drugs were planted on the defendant or left in the defendant's home without his/her knowledge. As long as the D.A. cannot prove beyond a reasonable doubt that the defendant knew the drugs were in his/her possession, the case should be dismissed.
  2. Entrapment. Law enforcement may not deceive ("entrap") suspects into carrying out a crime they are not predisposed to doing. Police may go undercover and lie. But they may not threaten or unduly pressure suspects to get them to break the law. If the police entrapped the defendant, the charges should not stand.3
  3. Illegal search and seizure. Whenever police violate the Fourth Amendment, defendants can ask the court to disregard ("suppress") any evidence found from the unlawful search. If the court agrees, the D.A. may be left with too weak a case to continue prosecuting.

3. Can the record be sealed?

Yes. But there is a waiting period unless the case was dismissed.4

Nevada GHB or Rohypnol conviction

Record seal waiting period

Misdemeanor

1 year after the case ends

Category E felony

2 years after the case ends

Category D felony

Category C felony

Category B felony

5 years after the case ends

Category A felony

10 years after the case ends

Dismissal (no conviction)

Immediately

Read about how to get a Nevada record seal.

4. Are there immigration consequences?

Yes, crimes involving GHB or Rohypnol are deportation.5 Therefore, non-citizens charged with drug offenses should seek out a skilled attorney right away.

5. Related offenses

See our articles on:

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Call our Las Vegas criminal defense attorneys at 702-DEFENSE for a FREE consultation today.

Call a Nevada criminal defense attorney...

If you have been arrested for a GHB- or Rohypnol-related offense in Nevada, phone 702-DEFENSE (702-333-3673). Our Las Vegas criminal defense lawyers will discuss your options with you for no fee. We might be able to have your charges lessened or dropped.

Arrested in California? Go to our informational article on California GHB laws.

Arrested in Colorado? Go to our informational article on Colorado GHB laws.


Legal References:

  1. NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
  2. Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988).
  3. NRS 179.255; NRS 179.245.
  4. 8 U.S.C. 1227(a)(2)(B).

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