Date drug penalties in Texas

Being slipped a date-rape drug is a harrowing experience that can have long-lasting effects on a victim's mental and physical health. Sadly, these drugs are used far too often in situations where people take advantage of others, especially young women. However, there may be some relief on the horizon for victims in Texas.

Possession of a date rape drug is can be considered a felony offense in Texas, and the ramifications of a conviction for a drug possession charge can be life-changing. Learn more about the penalties for possession of a date rape drug in Texas and how an experienced criminal defense attorney can help you fight the charges.

• What are Date Rape Drugs?
• Penalties for Possession of Date Rape Drugs in Texas
• Can the penalties for date drug possession be reduced or dismissed if you have a prescription?
• How can an experienced criminal defense lawyer help you fight drug possession charges?
• Conclusion

Date rape drugs (some of these are also called "club drugs"or "roofies") are any type of medication or street drug that is used to make it easier for someone to commit sexual assault. The three most common date rape drugs are:

• Rohypnol (flunitrazepam)
• GHB (gamma-hydroxybutyrate
• Ketamine.

More known as "roofies," "G," and "Special K" on the street, these drugs can cause victims to become disoriented, confused, and unable to fight back or defend themselves.

These drugs are often odorless and colorless, so they can be slipped into someone's drink without them knowing. Date rape drugs typically take effect within 30 minutes, and the effects can last for several hours. Victims of date rape drugs often wake up feeling groggy and disoriented, with little to no memory of what happened to them while they were under the influence. In some cases, cocaine, marihuana, alcohol, or other prescription drugs may also be used in date rape drug situations.

According to the Texas Department of Public Safety, Rohypnol is the most common date rape drug in Texas. Rohypnol is a central nervous system depressant that can cause drowsiness, dizziness, impaired motor skills, and blackouts. GHB is another central nervous system depressant that can also cause blackouts and memory loss. Ketamine is an anesthetic that can cause hallucination and out-of-body experiences.

As the Texas Statewide Sexual Assault Prevalence Study notes, date rape drugs are often used in combination with alcohol. This can amplify the effects of the drugs and make it even harder for victims to defend themselves or remember what happened.

Possession of a date rape drug is a felony offense in Texas. Since there are many types of date rape drugs, the penalties will vary depending on the type and amount of drug involved. Drug possession charges involving a controlled substance listed in Penalty Group 1, are typically classified as third-degree felonies. Some of these drugs include:

• Opium derivatives (e.g., heroin)
• Cocaine
• Methamphetamine
• LSD
• Ecstasy (MDMA)

For example, if you are caught with less than one gram of GHB, the penalty could be anywhere from 180 days to 2 years in jail and a fine of up to $10,000, this being considered a state jail felony. However, if you are caught with more than 400 grams of GHB, the penalty could be 5 to 99 years in prison and a fine of up to $50,000, according to the Texas Controlled Substances Act.

The penalties for each kind of date rape drug can be also aggravated if the drugs were intended to be used to commit a sexual assault. If you are caught with date rape drugs and it is determined that you had the intent to use the drugs to commit sexual assault, the penalties will be even more severe.

You might be interested: Accused of Sexual Assault in Texas? Here's What to Expect

Drug trafficking, or intent to distribute them, penalties are also more severe. If you are caught with date rape drugs and it is determined that you had the intent to distribute them, the penalties will be even more severe. Intent to distribute date rape drugs is a first degree felony, which is punishable by 5 to 99 years in prison and a fine of up to $10,000.

Today, the possession of a controlled substance without a prescription or for medical use is considered a federal level crime in all fifty states However, some states have enacted laws that allow the penalties for date drug possession to be reduced or dismissed if the person has a legitimate prescription for the drug.

You can also read: Is Drug Possession a Felony in Texas?

In Texas, the law allows for the penalties for possession of a controlled substance to be reduced or dismissed if the person caught with the drug can prove that they had a valid prescription for the drug at the time of their arrest. However, if there is evidence you were using the drug for illegal purposes, like drug addiction, commit a sexual assault, selling the drug, or manufacturing it, the court is less likely to be lenient.

The Drug Enforcement Administration (DEA) is the federal government agency responsible for investigating and prosecuting people who are caught with controlled substances without a prescription. The DEA might also investigate and prosecutes people who are caught with date rape drugs for the purpose of distributing them.

If you are facing drug charges, it is important to contact an experienced criminal defense lawyer as soon as possible. A lawyer can help you navigate the criminal justice system, protect your rights when facing drug offenses, and work to get the best possible outcome in your case.

An experienced criminal defense lawyer will also be able to investigate the circumstances surrounding a federal drug crime and gather evidence that may be used to your advantage. For example, if you were arrested for possession of date rape drugs but you had a legitimate prescription for the drug, a lawyer may be able to get the charges against you dismissed.

The penalties for possessing date rape drugs in Texas are some of the strictest in the country. If you are caught with even a small amount of these drugs, you could face serious jail time and hefty fines. If you have been charged with possession of a date rape drug or any other crime in Texas, it is important that you contact an experienced criminal defense attorney who can help you navigate the criminal justice system and protect your rights.

Federal law might be complicated, but at the Law Office of Rolando Cantu, we are able to help you if you were arrested for date drug possession in Texas. He knows how Texas laws work and can help you get the best legal defense and the best possible outcome in your case.

Rolando Cantu is an experienced criminal defense attorney who has been defending clients in Texas for over 15 years. If you have been charged with a crime, contact the Law Office of Rolando Cantu today to schedule a free consultation.