Nevada law makes it a felony offense to possess, sell, traffic, or be under the influence of Rohypnol – the drug commonly known as GHB. However, the prosecutor may agree to plea bargain the charges down to a misdemeanor or even a dismissal.
GHB (gamma-hydroxybutyrate) is a Schedule III controlled substance. Rohypnol (flunitrazepam) is a Schedule IV controlled substance. They are known as date rape drugs. You may lawfully possess these drugs only with a current and valid prescription.
Below, our Las Vegas criminal defense lawyers answer frequently asked questions about GHB and Rohypnol offenses in Nevada.
1. What are the penalties for GHB or Rohypnol crimes?
The punishment depends on the specific charge you get convicted of.
| Nevada GHB or Rohypnol crime | Prison and fines |
|---|---|
| Possession for personal use / simple possession (NRS 453.336) | Category B felony:
On a first-time offense, you 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
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2nd conviction
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3rd or subsequent convictions Category B felony:
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| Selling, giving away, trading, transporting, importing, dispensing, or administering (NRS 453.321) |
1st conviction Category D felony:
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2nd conviction Category C felony:
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3rd or subsequent convictions Category B felony:
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| Trafficking (NRS 453.3385) |
It depends on the amount of drugs: |
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100 grams to less than 400 grams Category B felony:
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400 grams or more
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| Being under the influence (NRS 453.411) | Category E felony:
Probation and a suspended sentence. (Though if you have 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?
We have had great success in getting GHB/Rohypnol-related charges dismissed by using the following defense strategies:
- No knowledge of the drugs.2 Perhaps the drugs were planted on you or left in your home without your knowledge. As long as the D.A. cannot prove beyond a reasonable doubt that you knew the drugs were in your possession, the case should be dismissed.
- Entrapment. Law enforcement may not deceive (“entrap”) you into carrying out a crime you are not predisposed to doing. Police may go undercover and lie, but they may not threaten or unduly pressure you to get you to break the law. If the police entrapped you, the charges should not stand.3
- Illegal search and seizure. Whenever police violate the Fourth Amendment, you 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 is 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:
Learn more about Nevada drug crimes.
Legal References:
- NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
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Sanders v. State, 110 Nev. 434, 874 P.2d 1239 (1994).
- NRS 179.255; NRS 179.245.
- 8 U.S.C. 1227(a)(2)(B).
