To put it mildly, yes—the possession of date rape drugs is a serious crime, and not strictly in California. Federal law treats the possession of date rape drugs, like Rohypnol, in very severe terms — as it does all narcotics and/or controlled substances. What sets Rohypnol and similarly formulated substances apart from other narcotics is their express link to and common association with rape and other forms of sexual abuse. Date rape drugs are powerful substances with links to cultural repercussions felt throughout the country recently.
A charge for possession of date rape drugs is serious, whether in California or elsewhere. This is not to say that such possession will amount to an automatic prison sentence. There are variables in play, all of which will be understood by a capable criminal defense attorney in LA with experience in this arena.
What Are Date Rape Drugs?
The specific definition of a date rape drug is inherently nebulous, as the temporary incapacitating of a human being’s cognitive functions and sensory perception can be achieved by various narcotics and, of course, by alcohol. What we are left with is a question of potency. Certain drugs are more capable of swiftly rendering a person helpless than are others.
Of the controlled substances most commonly coupled with date rape is Rohypnol (flunitrazepam), an illegal drug in the United States that is designed to treat sleep disorders. Rohypnol is so intertwined with date rape and other forms of abuse in the popular understanding that it has spawned a daunting number of nicknames. Foremost among these is “roofie.” The effects of Rohypnol are not limited to that specific drug; thus, a number of chemically similar controlled substances might find themselves dealt under the “roofie” moniker, regardless of their pharmacological name.
Since date rape drugs tend not to be used in a recreational capacity, they present a “red flag” of sorts to law enforcement. Whereas marijuana and opioids are frequently carried in personal use context, something along the lines of Rohypnol could suggest the intent to inflict harm of one sort or another on another human being. That alone complicates the possession charge as it is not merely the act of having Rohypnol on one’s person, but the possibility of intent and all that implies.
Quantity has always been a factor in the prosecution of drug cases. If a defendant possessed merely enough cocaine, for example, for occasional personal usage, the resulting drug possession charges might be fittingly light. However, a defendant caught with sufficient marijuana to serve as durable paperweight would be regarded as likely looking to sell or otherwise distribute their quantity. Rohypnol and its related drugs need not be present in large quantities to present a hazard to others, which is why possession is indeed very serious.
Potential Repercussions for Date Rape Drug Possession
As discussed, quantity and intent are often interconnected factors where drug possession is concerned. But for reasons having to do with its potency and common usage as a date rape drug, the illegal Rohypnol is not generally evaluated through that lens. Because a small dose is enough to incapacitate an unsuspecting victim, and as it is does tend to be used for personal enjoyment, it is often viewed differently by judges and the courts. To fully understand this concept, expert legal counsel is indispensable.
With the passage of Proposition 47 in November of 2014, the mere possession of narcotics was reclassified as a misdemeanor offense, rather than an outright felony. This referendum was non-discriminatory in its application, meaning virtually all drugs, Rohypnol included, fell under this change in categorization.
Even so, a misdemeanor can still carry with it jail time and other forms of punishment. It is preferable to felony charges, but receiving a misdemeanor is far from a desirable fate. There is also the aforementioned factor of intent to distribute, a charge freighted with considerable power in the eyes of the law and one readily wielded by prosecutors.
State Vs. Federal Laws
As a nation of individual states, each has its own set of laws that influence jurisprudence, legal practice, and courtroom outcomes within state borders. Where matters become a bit resistant to simple explanation is at the intersection of Federal and state law, particularly on the topic of controlled substances. Drug enforcement laws have long been blind to borders in their broader applications, but state laws are not so easily pushed aside. The other complicating factor is that of intent, whether it be intent to sell or intent to commit harm via use of a drug.
Know the Stakes and Your Rights
Intent to distribute date rape drugs, if suspected, will considerably increase the potential sentence. A conviction could result in imprisonment for a decade or more, along with heavy fines. This is an aspect of date rape drug possession which renders it extremely risky terrain to be navigated in the absence of sound legal representation. The reality is that Rohypnol and controlled substances like it are often used to achieve foul ends, rape being the most common example. Possession of date rape drugs will almost always qualify as a serious crime in California, even if it can technically be charged as a misdemeanor.
Whether dealing with the lesser offence of misdemeanor drug possession or something more severe in scale, knowing your rights and making sure your day in court delivers a just verdict will require a criminal defense attorney whose background and training align with the case in question. At Simmrin Law Group, we have that experience. Call us today at (310) 896-2723 or fill out the contact form on the right to schedule a FREE consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form