Possession of Rohypnol

Rohypnol is a trade name for flunitrazepam. It's commonly known as a date rape drug. Federal and state laws prohibit the possession of flunitrazepam. Learn about enhanced penalties for possession of flunitrazepam.

What Is Rohypnol?

Rohypnol is one of several trade names for flunitrazepam, a pharmaceutical drug prescribed (outside of the United States) as a treatment for severe insomnia. Flunitrazepam is a potent sedative and muscle relaxant. The drug can induce amnesia by blocking a person's ability to form any memory of events occurring while the person has the drug in their system. As little as one milligram of the drug will cause these effects and can last 8 to 12 hours after ingestion.

Flunitrazepam is a Schedule IV drug under federal law and many states' laws. But the U.S. Food and Drug Administration has not approved flunitrazepam for prescription use in this country.

(21 C.F.R. § 1038.14 (2024).)

Rohypnol: The Date Rape Drug

As a powerful relaxant, Rohypnol has been a popular street drug referred to as "roofies," among other names. A person who has ingested it will usually feel its effects within about 20 minutes and may appear drunk. Its sedative effect can be extremely dangerous when mixed with alcohol or other substances, and is particularly hazardous to use when driving.

The sedative and amnesiac effects of Rohypnol led to its use as a date rape drug. Assailants surreptitiously dose victims with the drug (by dropping it into the victim's drink, for example) to induce semi-conscious or unconscious states and to suppress the victim's memory of what occurred while under the drug's influence.

Before 1997, the manufacturer of Rohypnol sold them as white tablets that were colorless, tasteless, and odorless when dissolved—making them easy to slip into drinks. Now, Rohypnol comes in green-colored tablets with a blue dye that makes it visible when dissolved in light-colored liquids. (Generic forms and other preparations might not have these new characteristics.)

Is Possession of Rohypnol a Crime?

Yes, possession of Rohypnol is a crime under federal and state laws. Many states and federal law single out flunitrazepam for harsher penalties given its common use as a date rape drug. And, while not covered in this article, many states have increased penalties for rape and sexual assault crimes committed by administering drugs to a victim without consent.

Federal Penalties for Possession of Rohypnol (Flunitrazepam)

Federal law makes simple possession of flunitrazepam a three-year felony, whereas most other simple possession crimes only carry up to a year in prison.

A defendant who administers flunitrazepam to a victim without consent and with the intent of committing sexual assault or another crime can face up to 20 years of federal prison time.

Possession with intent to distribute 1 gram of flunitrazepam is also a 20-year felony. The penalty increases to a 20-year minimum prison sentence and up to life imprisonment if death or serious bodily harm results after use of the drug.

(21 U.S.C. §§ 841(7), 844 (2024).)

State Penalties for Possession of Rohypnol (Flunitrazepam)

Many states also provide tougher penalties for possession of flunitrazepam as compared to other Schedule IV drugs.

Some states follow the federal model of singling out flunitrazepam for stiffer penalties. Nevada makes simple possession of Schedule IV drugs a category E felony with a four-year maximum sentence. But possession of flunitrazepam is a category B felony and carries up to 20 years of prison time. (Nev. Rev. Stat. § 453.336 (2024).) Louisiana doubles the possible prison term for possession of flunitrazepam as compared to other Schedule IV drugs. (La. Rev. Code § 40:969 (2024).)

A state might also place flunitrazepam on a higher schedule with stiffer penalties. Florida, Minnesota, and New Hampshire are examples of states that place flunitrazepam in Schedule I rather than Schedule IV. (Fla. Stat. § 893.03 (2024); Minn. Stat. § 152.02 (2024); N.H. Rev. Stat. § 318-B:1-c (2024).)

Some states, such as Kentucky and Virginia, place flunitrazepam in Schedule IV (or III) but apply harsher Schedule I penalties for its possession. (Ky. Admin. Regs. 55:015 (2024); Ky. Rev. Stat. § 218A.1415 (2024); Va. Code § 18.2-251.2 (2024).)

States may also penalize possession of flunitrazepam with intent to commit sexual assault or another crime. California makes this offense a felony. (Cal. Health & Safety Code § 11377.5 (2024).) If a defendant administers the drug to an unsuspecting victim, a conviction in Louisiana can mean up to 40 years of prison time. (La. Rev. Code § 40:969 (2024).)

Getting Legal Help

If you face criminal drug charges, talk to a local defense attorney. For federal drug charges, you'll want to find a defense attorney who practices in federal court.