Nevada law makes sit a crime to possess, sell, traffic or be under the influence of Rohypnol – the drug commonly known as GHB. Only people with prescriptions can lawfully possess this drug. 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.
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
|
| 2nd conviction
| |
| 3rd or subsequent convictions Category B felony:
| |
| Selling, giving away, trading, transporting, importing, dispensing, administering, or manufacturing (NRS 453.321) | 1st conviction Category D felony:
|
| 2nd conviction Category C felony:
| |
| 3rd or subsequent convictions Category B felony:
| |
| Trafficking (NRS 453.3385) | It depends on the amount of drugs: |
| 100 grams to less than 400 grams Category B felony:
| |
| 400 grams or more
| |
| Being under the influence (NRS 453.411) | Category E felony: Probation and a suspended sentence. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.)1 |
2. What are the defenses?
Typical strategies to fight GHB or Rohypnol cases are:
- 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.
- 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
- 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:
Call our Las Vegas criminal defense attorneys for a consultation.
Learn more about Nevada drug crimes.
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:
- NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
- Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988).
- NRS 179.255; NRS 179.245.
- 8 U.S.C. 1227(a)(2)(B).