New York GHB

Gamma hydroxybutyric acid or GHB is a depressant that was once sold legally, but was banned in the 1990s. It is now classified as a Schedule I controlled substance and is illegally manufactured in home labs. GHB is usually in the form of a liquid and has no odor or color. It is also available as powder or in the form of a pill. Sometimes referred to as liquid ecstasy, G, Georgia Home Boy, or Cups, GHB is considered a club drug because it is frequently used by young adults and teens at raves, clubs, bars and house parties. GHB causes both a euphoric high and hallucinations. It also causes drowsiness, dizziness, nausea, vomiting, and impaired vision. Those who take GHB may lose consciousness, stop breathing, fall into a coma and even die. In addition, GHB along with Rohypnol, has the dubious distinction of being known as a date rape drug. GHB can be rather easily slipped into someone else's food or drink without that person's knowledge, causing that person to become drowsy and dizzy. As a result, it is easy to take advantage of the person under the influence of GHB and sexually assault that person. Because of the dangers associated with the use of GHB, law enforcement aggressively seeks to arrest and convict those accused of GHB drug crimes. If you have been charged with a drug crime related to GHB you should immediately contact an experienced New York GHB lawyer who will review the facts of your case and work with you to develop a vigorous defense against the charges. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as assault, domestic violence and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.

Types of drug crimes

Under the New York Penal Code controlled substance offenses are grouped into several categories. If you are charged with a crime related to GHB, you could face a possession of a controlled substance charge, a sale of a controlled substance charge, a drug paraphernalia charge or a sex crime charge.

Possession of a GHB

In general, criminal possession of a controlled substance involves knowingly and unlawfully possessing a controlled substance. The different levels of severity of GHB possession charges are based on the amount of GHB possessed.

• Criminal possession of a controlled substance in the seventh degree is the least severe GHB possession charge. It is the minimum charge that you can face if you possess any amount of GHB. It is a class A misdemeanor. N.Y. Pen. Law § 220.03
• Criminal possession of a controlled substance in the fifth degree . If you possess above a certain amount of GHB the law requires the charge to be raised from a misdemeanor to a felony. Thus, if you possess at least 28 grams of GHB, you will face a charge of criminal possession of a controlled substance in the fifth degree. This is also the charge you will face if you have any amount of GHB and you also have the intent to sell it. It is a class D felony. N.Y. Pen. Law § 220.06
• Criminal possession of a controlled substance in the fourth degree . If you possess at least 200 grams of GHB, the charge is even more serious. It is a class C felony. N.Y. Pen. Law § 220.09

Sale of GHB

Criminal sale of a controlled substance occurs when you sell an illegal drug such as GHB. Because selling drugs is considered a much more serious crime than possessing drugs, even the least serious sale charge is a felony. Like the possession crimes, the severity of the charge that you will face for selling GHB depends on the amount of GHB involved.

• Criminal sale of a controlled substance in the fifth degree. This is the least serious sale of a controlled substance charge. You will face this charge if you knowingly and unlawfully sell a narcotic, hallucinogenic or other controlled substance. It is a class D felony. N.Y. Pen. Law § 220.31.
• Criminal sale of a controlled substance in the fourth degree. You will face this charge if you sell at least 28 grams of GHB. It is a class C felony. N.Y. Pen. Law § 220.34.
• Criminal sale of a controlled substance in or near school grounds . You will face this charge if you commit criminal sale of a controlled substance in the fourth degree at a school, on a school bus, at a educational facility, or at a child day care center. It is a class B felony. N.Y. Pen. Law § 220.44
• Operating as a major trafficker. You will face this charge if you are a director of an organization that sells of $75,000 worth of controlled substances in a 12 month period. It is a class A-1 felony. N.Y. Pen. Law § 220.77

GHB and drug paraphernalia

Drug paraphernalia offenses focus on charging people who have equipment that is typically used to manufacture, store and package controlled substances in order to sell it.

• Criminally using drug paraphernalia in the second degree. You will face this charge if you have items used to dilute, package or weigh drugs such as diluents, dilutants, adulterants, gelatine capsules, other types of capsules, glassine envelopes, vials, scales and balances. It is a class A misdemeanor. N.Y. Pen. Law § 220.50
• Criminally using drug paraphernalia in the first degree. You will face this charge if you commit criminally using drug paraphernalia in the second degree after having already been convicted of this offense. It is a class D felony. N.Y. Pen. Law § 220.55

Other GHB crimes

• Use of a child to commit a controlled substance offense. You will face this charge if you are least 18 years old and you somehow involved a child who is under 16 years old in selling GHB. It is a class E felony. N.Y. Pen. Law § 220.28
• Facilitating a sex offense with a controlled substance. You will face this charge if you give someone GHB without that person's consent in order to rape, or commit some other sex crime against that person. This is a class D felony. N.Y. Pen. Law § 130.90

Penalties for a GHB crimes

The penalty for a conviction of a crime related to GHB will be based on how the crime is classified: misdemeanor or felony, and what level of misdemeanor or felony. GHB offenses range from a class A misdemeanor to a class A-1 felony. The penalties for drug convictions include:

• Class A misdemeanor. The maximum possible sentence is 1 year in jail and a fine of up to $1,000. Criminal possession of a controlled substance in the seventh degree and criminally using drug paraphernalia in the second degree are class A misdemeanors.
• Class E felony. The maximum possible sentence is 4 years in prison and a fine of up to $5,000. Use of a child to commit a controlled substance offense is a class E felony.
• Class D felony. The maximum possible sentence is 7 years in prison and a fine of up to $5,000. The following controlled substance offenses are class D felonies: criminal possession of a controlled substance in the fifth degree, criminal sale of a controlled substance in the fifth degree, criminally using drug paraphernalia in the first degree, and facilitating a sex offense with a controlled substance.
• Class C felony . The maximum possible sentence is 15 years in prison and a fine of up to $15,000. The following controlled substance offenses are class C felonies: criminal possession of a controlled substance in the fourth degree and criminal sale of a controlled substance in the fourth degree.
• Class B felony. The maximum possible sentence is 25 years in prison and a fine of up to $30,000. Criminal sale of a controlled substance in or near school grounds is a class B felony.
• Class A-I felony. The maximum possible sentence is life in prison and a fine of up to $100,000. Operating as a major trafficker is a class A-I felony.

Your sentence will not only be based on whether the crime is a misdemeanor or a felony, but also on your prior criminal history. Those who are first time, non-violent offenders will receive lighter sentences than those with prior felony convictions. If you have a substance abuse problem and commit a crime that is class B, C, D or E felony, you may also be eligible for alternative sentencing programs such as Drug Treatment Court.

Contact the Law Offices of Stephen Bilkis & Associates

If you are convicted for a drug crime in New York, it is not likely that you will get off with a slap on the wrist. Penalties for controlled substance crimes tend to be harsh, involving both prison time and stiff fines. Because of these potential dire consequences of a conviction, if you have been charged with a GHB drug offense, you should immediately contact an attorney who has experience defending those accused of a drug crime. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of possession, distribution and manufacturing offenses. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

---