Michigan Date Rape Drug Law Information

In Michigan, people illegally using any substance designed to incapacitate another person will face a variety of criminal charges.

If you have been charged with using a Date Rape drug in Detroit, Lansing, Grand Rapids, Ann Arbor, Traverse City, or throughout Michigan, we will aggressively defend you.

Using Date Rape Drugs in Michigan is strictly prohibited. Some substances, such as GHB, GBL, and Roofies, are specifically made illegal under Michigan drug laws. Use of Date Rape Drugs can lead to prosecutions in Michigan for drug crimes, criminal sexual conduct, and even homicide. If you are facing a prosecution or an investigation for Date Rape Drugs, you should immediately contact Kronzek & Cronkright, PLLC for a free consultation.

In the 1990's, American media coined the term "Date Rape Drug" for certain drugs that are famously used to poison others with the intent of placing them in a sedated enough state to rape them. What typically happens is that these drugs are put in the drink of the victim and the victim ingests the drugs without even knowing. The victim may already be under the influence of alcohol at the time the drugs are placed in the drink. The combination of the alcohol and the drug can be very dangerous. If the victim is too incapacitated to consent to a sexual act, any subsequent sexual contact can lead to a sex crime prosecution. If the substance used is illegal—such as GHB, GBL, or Roofies—there may also be a prosecution for violations of Michigan drug laws.

Gamma-Hydroxybutyric Acid or GHB

One of the most common Date Rape Drugs in Michigan is Gamma-Hydroxybutyric Acid, or GHB for short. Nicknames for GHB include Georgia Home Boy, Liquid Ecstasy, Liquid X, Liquid G, and Fantasy. GHB is said to have a salty taste, though most drinks it is slipped into will mask that taste. It is colorless and odorless. Taken in low doses, GHB produces euphoria; however, taken in larger doses, GHB becomes a sedative that can quickly make a user unconscious.

GHB can be lawfully prescribed by a doctor to combat symptoms of Narcolepsy. GHB is considered a club drug because it is illegally used at dance clubs. It is also illegally used in bodybuilding. Much of the GHB illegally consumed in the United States is produced in clandestine labs in this country.

GHB slows the rate that alcohol is eliminated from the body, which can compound the incapacitating effect of the drug because the victim's body is affected not only by the GHB, but also by the longer-than-normal-lasting effects of the alcohol. People with GHB in their systems can stop breathing and die. Evidence of GHB can be found in a user's blood, plasma, or urine.

GHB is a Schedule 1 drug in Michigan, ultimately resulting in very stiff penalties for anyone illegally handling the drug. If convicted, your sentence depends in part on which GHB crime you were charged with:

GHB use is a misdemeanor that carries the least severe sentence of the GHB crimes. If charged with using GHB in Michigan, you could go to jail for up to one year, pay a fine of up to $1,000, or both.

GHB possession is a felony. If charged with possessing GHB in Michigan, you could go to prison for up to two years, pay a fine of up to $2,000, or both.

GHB manufacture, GHB creation, GHB delivery, and possession of GHB with intent to manufacture GHB, create GHB, or deliver GHB are all felony drug crimes in Michigan. You could go to prison for up to seven years, pay a fine of up to $10,000, or both.

In Michigan, if charged with giving GHB or any other drug to someone in order to commit a sex crime on them, it could land you in prison for up to 20 years for this drug crime. This would be a separate sentence than the sentence for any sex crime you may incur if you commit a sex crime on the victim while they are incapacitated from the drug you gave them.

In a Michigan case involving GHB, three men created a plan to put GHB in the drinks of three fourteen year-old girls. One of the girls died as a result of a GHB overdose. The men were tried and convicted of Involuntary Manslaughter. The conviction was ultimately upheld by the Michigan Supreme Court. This is an example of the seriousness of GHB-related crimes.

Gamma-Btyolactone or GBL

Gamma-Butyrolactone, or GBL, is a substance that is converted to GHB once it is in the human stomach and blood stream. GBL is an oily liquid that is used in nail polish remover, fragrances, stain removers, super glues, paint strippers, and more. The Federal Drug Administration warns against using such products internally. GBL is absorbed faster into the body than GHB, though the high on GBL lasts for less time. Overdose of GBL can cause nausea, coma, or death.

The Michigan legislature has responded to GBL abuse by making GBL illegal in Michigan.

Possession of GBL is a felony in Michigan. If you intentionally possess GBL, you could go to prison for up to two years, pay a fine of $2,000, or both.

Manufacture of GBL, delivery of GBL, and possession of GBL with the intent to manufacture GBL or deliver GBL are all felony drug crimes in Michigan. You could go to prison for up to seven years, pay a fine of up to $5,000, or both.

In Michigan, it is a drug crime to give GBL or another drug to someone in order to commit a sex crime on them. This could land you in prison for up to 20 years. This crime is separate from any sex crime that you could be charged with for committing an unwanted sexual act on another while they are under the influence of the drug.

Rohypnol or Roofies

Another popular Date Rape Drug in Michigan is Flunitrazepam, which is most commonly known as its trade name Rohypnol, or "Roofies." Roofies is a hypnotic drug used to cure insomnia. Rohypnol use should only be for a short-term basis because Roofies, as a drug, is addictive. If too much Rohypnol is consumed, a user's balance and speech could be impaired and their breathing could slow or stop leading to coma or death. Roofies can be detected in a user's urine and hair, though it does not stay there for very long.

Roofies are not only used as a Date Rape Drug in Michigan, but also as a recreational drug. Sometimes, people use Roofies to soften withdrawal symptoms from coming off the high of another drug.

In Michigan, Roofies are categorized as a Schedule 4 drug. Though it is not classified as severe as other Date Rape Drugs, your sentence for a Roofies-related crime could still be significant.

Roofie use is a misdemeanor crime in Michigan and is the least harsh sentence of any of the Rohypnol crimes. If convicted, you could go to jail for up to one year, pay a fine of up to $1,000 or both.

Roofie possession is a felony in Michigan. If convicted, you could go to prison for up to two years, pay a fine of up to $2,000, or both.

Roofies manufacture, Roofies creation, Roofies delivery, and possessing Roofies with the intent to manufacture Roofies, create Roofies, or deliver Roofies are all felony drug crimes in Michigan. You could go to prison for up to four years, pay a fine of up to $2,000, or both.

Again, if you are convicted of using Roofies or any other drug to facilitate the commission of a sex crime, you could go to prison for 20 years. However, you would also be charged separately for your sex crime.

This page discusses Date Rape Drug crimes in Michigan. However, a Defendant may also be charged for most drug crimes by the Federal government or even local authorities. It is imperative that you hire a Michigan drug defense lawyer who understands this.

Date Rape Drug prosecutions are especially ominous because people facing these charges are often being investigated for other serious crimes at the same time. If you are facing a Date Rape Drug charge and want to avoid jail or prison, you will need an attorney who is serious about representing your best interests and knows how to protect your rights. At Kronzek & Cronkright, we have represented many drug cases and major felony charges all across the state of Michigan. We aggressively fight for your rights in court and will work hard to defend you.

Contact us about your legal matter today! Call us 24 hours per day at 866-7NoJail or (866) 766-5245.

Contact a Michigan Drug Attorney today! Call us at 1-866-7NOJAIL (1-866-766-5245) or e-mail us!