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There are many different kinds of drugs and substances prohibited by law, and dealing with those substances outside of legal bounds can lead to serious consequences. Depending on which substance is involved and the quantities of that substance, you could be facing up to life imprisonment, or even capital punishment. If you’ve been charged with a drug crime, your best defense is to get a seasoned drug crime attorney on your side. Contact Hanlon Law today to schedule a free consultation.
Drug trafficking is defined by Florida Statute 893.135 as the intentional “selling, manufacturing, purchasing, possessing, delivering, or transporting” of an illegal substance in the state. This includes drugs that are imported into Florida but did not originate here.
Statute 893.135 goes on to list the minimum quantity of each specific illegal drug that must be involved in order for a situation to count as trafficking. It also ascribes certain minimum mandatory sentencing for different quantities above the minimum quantity.
Gamma-Hydroxybutyric Acid, also known as GHB, is a central nervous system (CNS) depressant. It can be found in trace amounts in the human body naturally, and as a form of the generic drug sodium oxybate. Sodium oxybate, approved by the Food and Drug Administration (FDA-approved) by the trade name Xyrem, is used to combat daytime sleepiness and narcolepsy. Gamma-Hydroxybutyric Acid, however, is illegally used to induce a high.
GBH is most commonly found in liquid form, but may also be distributed in white powder form to be dissolved in liquid. As a CNS depressant, GHB does produce the euphoria and anxiety reduction abusers are often seeking, and usually results in eventual unconsciousness. However, it can also lead to drowsiness, nausea, confusion, excited or aggressive behavior, memory impairment or amnesia, and even hallucinations. GHB also enhances the CNS depressant effects of other drugs, including alcohol, compounding symptoms to a severe degree.
Gamma-Hydroxybutyric Acid goes by a variety of colloquial names: Easy Lay, G, Georgia Home Boy, GHB, Goop, Grievous Bodily Harm, Liquid Ecstasy, Liquid X, and Scoop. It is also sometimes called a “date rape drug,” as it is one of the common choices for sexual predators.
As with all drug trafficking charges, Gamma-Hydroxybutyric Acid trafficking charges must involve the minimum amount of GHB as dictated by Florida Statute 893.135(1)(h)(1), that being 1 kilogram or more. So, if someone intentionally and knowingly participates in the importation, production, distribution, and/or sale of more than 1 kilogram of GHB, they can be charged with GHB trafficking.
The sentencing for such charges depends on the actual quantity involved:
Amount of GHB | Imprisonment | Fine |
---|---|---|
1 kilogram - 5 kilograms | 3 year minimum | $50,000 |
5 kilograms - 10 kilograms | 7 year minimum | $100,000 |
10 kilograms or more | 15 calendar year minimum | $250,000 |
Beyond these delineations, if a person traffics 150 kilograms or more of GHB, they can be charged with a first-degree felony, which is punishable by up to life in prison. In addition, if a person traffics 150 kilograms or more of GHB, knowing that the probable result for doing so would be someone’s death, they can be charged with a capital felony. Capital felonies are punishable by life in prison without opportunity for reduction, or even the death penalty.
Despite the severity of GHB trafficking charges, there are still a variety of defenses to take. A seasoned defense lawyer may suggest any combination of the following:
It’s important to note, however, that these strategies will only be effective with an experienced defense attorney to spearhead them. You need someone in your corner to help argue your case to the right people. At Hanlon Law, our team brings nearly two decades of experience to the table, and we’ll use every bit of that experience to help you secure the best possible outcome.
If you’ve been charged with GHB trafficking, or any other drug-related crime, don’t wait!
Contact Hanlon Law today to schedule a free consultation.
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