Even though most people know that selling, manufacturing, and distributing controlled substances without authorization is a violation of federal law, many do not know that the sale of drugs for sexual assault is also specifically prohibited by federal law. Conviction for this offense carries severe penalties, which makes it especially important for those who have been accused of manufacturing or selling “rape drugs” to speak to an experienced federal attorney to help them formulate a defense.
Definition of sexual assault drugs
Rape medications are specifically defined under federal law as those that include:
- Gamma hydroxybutyric acid, also known as GHB
- Any controlled substance that is analogous to GHB, including gamma butyrolactone (GBL)
- Any substance designated by the Attorney General to be used in the commission of sexual assault or rape
Federal law strictly prohibits the possession, manufacture, and distribution of these types of medications without authorization. In fact, a person convicted of this crime faces a prison sentence of up to 20 years and if the use of the substance results in death or serious injury, the sentence could be extended to a minimum of 20 years up to life imprisonment. If the defendant is an individual, he may also be required to pay a fine of $ 1,000,000, while corporations may be required to pay $ 5,000,000. The penalties become even more severe if the defendant has a prior felony drug conviction. In these cases, the sentence can be increased to 30 years, unless someone suffers a serious bodily injury as a result of ingestion of the substance.
Using the Internet to distribute a sexual assault drug is also prohibited if the distributor knew or had reason to believe that:
- The drug would be used during the practice of illegal sexual conduct
- The person buying the medicine is not an authorized buyer
Authorized buyers are those who purchase a controlled substance by having a valid prescription that was issued for a legitimate medical purpose by someone who has a qualified medical relationship with the recipient. A medical relationship will only be considered eligible if the professional has conducted at least one in-person medical evaluation with the buyer. In these cases, medical evaluations are presumed to show that a prescription was issued for a legitimate medical purpose. Other authorized buyers include:
- Any physician or registrant who is authorized to dispense, purchase, manufacture, distribute, transfer, import, or export the substance in question
- Any person or entity that has documentation establishing your name, address, and business, and can provide evidence of a legitimate purpose for using a sexual assault drug
In the event that a person is not an authorized buyer, the seller faces a 20-year prison sentence.
Contact a federal crime attorney
Call Jeffrey S. Weiner, PA Miami Criminal Defense Attorneys at (305) 670-9919 today, if you have been accused of selling or distributing sexual assault drugs, so that we can begin evaluating your case and formulating a defense as fully as possible. soon as posible.