GHB and Date Rape Laws

In an effort to reduce date rape and prevent date rape from occurring, there have been both federal and state efforts.  In particular, the federal law has passed legislation aimed at GHB, also known as the “date rape” drug.

What is GHB?

GHB is a drug which has a technical name of “Gamma Hydroxybutyrate.” Other popular street names for GHB include the following:

• “G”
• Gamma-OH
• Fantasy
• Liquid X
• Liquid Ecstasy
• Everclear
• Georgia Home Boy

In addition, GHB depresses the central nervous system. Since the drug is odorless and colorless, it can be added to beverages easily and without detection.  As a result, GHB is commonly known as the “date rape” drug.  Frequently, criminal cases are seen where there is a rape victim who was sexually assaulted during a black out caused by GHB which was unknowingly placed in the victim’s drink.

GHB and Date Rape Prevention Laws

In 2000, a bill known as the “Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000” was passed.  This federal law made the possession and distribution of GHB a “Schedule One” controlled substance pursuant to the federal Controlled Substance Act.  Consequently, the penalty for the possession, manufacture or sale of GHB can be up to twenty years for each offense.  Moreover, under the bill, GHB was placed in the same class as such drugs as heroin and marijuana.  Furthermore, the bill required the Secretary of Health and Human Services to provide yearly reports of the annual number of incidents of the abuse of date rape drugs.

In addition, each state has laws applicable to drug and date rape offenses which include GHB. Most state laws treat possession, manufacture or sale of GHB as a felony.  Moreover, the majority of states include significant penalties for the offense, such as up to ten years in prison and up to $150,000.00 fines, depending upon the jurisdiction, the nature of the crime and the surrounding circumstances involved in the case.

Talk to a Lawyer

If one has been involved in a date rape case involving allegations or charges of GHB, it is prudent to consult with an experienced criminal defense attorney as soon as possible.  An experienced attorney can not only review one’s case in order to preserve any rights one may have, but also a seasoned attorney can evaluate the matter and recommend any course of action one may have in the matter to minimize the impact of the case upon one’s life and future.