Gamma-Hydroxybutyric Acid (GHB) Trafficking
Gamma-hydroxybutyric acid is also known as GHB. It is sometimes called a date rape drug because sometimes it is placed in alcoholic beverages at parties, raves, or clubs for the purposes of knocking out and raping the drinker. Street names for GHB include liquid ecstasy, liquid X, and Gamma-oh. GHB can result in euphoria, tranquility, nausea, hallucinations, amnesia, or coma. Most people associate drug trafficking with a large operation, but in Florida, whether you are charged with trafficking comes down to the weight of the substance. Florida punishes GHB trafficking harshly with mandatory minimum sentences. If you are accused of or charged with Gamma-hydroxybutyric acid trafficking, you should make sure to hire a skillful drug trafficking attorney right away. Early intervention by Tampa GHB trafficking lawyer Will Hanlon can make a vital difference to whether you are charged, the type of charge, and whether you are convicted.GHB Trafficking
Under Florida Statute section 893.135(1)(h)(1), GHB trafficking occurs if someone knowingly buys, sells, possesses, makes, delivers, or transports into the state 1 kg or more of GHB or any mixture that includes GHB. You can be charged with drug trafficking under either an actual or a constructive possession theory. A prosecutor can show actual possession if GHB in the requisite quantities was found on your person. However, more often, a prosecutor must show constructive possession, which is more complicated.
To establish constructive possession, the prosecution will need to show beyond a reasonable doubt that you knew of the presence of GHB, you knew that the substance was GHB, and you were able to exercise dominion and control over it. Often, the prosecution does not have direct evidence of these elements, and it must rely on circumstantial evidence to show them. This means that there is room for a GHB trafficking attorney in the Tampa area to attack the evidence and to either persuade a prosecutor to negotiate a deal or dismiss the case or to raise doubt in the minds of jurors.Mandatory Minimum Sentences for GHB Trafficking
|Amount of GHB
|1 kg - 5 kg
|3 year minimum
|5 kg - 10 kg
|7 year minimum
|10 kg or more
|15 calendar years minimum
Additionally, if you knowingly make or bring into the state of Florida 150 kg or more of gamma-hydroxybutyric acid (GHB) and know that the probable result of making or importing GB would be the death of someone, this is capital manufacture or importation of GHB. This is a capital felony that may be punished by life imprisonment without the possibility of parole or by death. If you are sentenced for a capital felony, you will also need to pay the maximum fine.
There may be defenses available. In addition to arguing insufficient evidence, you may have constitutional defenses available that can be used to get key pieces of evidence suppressed. For example, if the GHB was found in an illegal search and seizure, the judge may be willing to suppress it, thereby demolishing the prosecutor's case. For another example, if you were not provided with Miranda warnings before a custodial interrogation, statements that you made should be suppressed and cannot be used at trial. If those statements are crucial to the prosecution's case, we may be able to get the charges dismissed.
Sometimes it is possible to provide substantial assistance to the state in order to get a reduction or suspension in a mandatory minimum sentence. However, this is a risky and complicated procedure because you must actually deliver on getting a certain number of individuals arrested. It is important to work with an experienced criminal defense attorney if you wish to try this strategy.Retain an Experienced GHB Trafficking Lawyer in Tampa
Gamma-hydroxybutyric acid trafficking is a crime that is taken quite seriously. Representation by an experienced and knowledgeable drug crime attorney can make a difference to the outcome of your case. Will Hanlon is committed to defending the rights of the accused and has represented criminal defendants in the Tampa Bay area since 1994. The earlier that we get involved, the greater is the likelihood that we may influence the outcome. You can call Hanlon Law at 813-228-7095 or submit our online form for an appointment with a Tampa GHB trafficking attorney.