One of the things about the penal code is that it can be very confusing to sort through for the layman reader if someone’s trying to figure out how to mount a successful legal defense. This makes sense, though, when you consider the fact that the penal code as it is wasn’t actually written for the average person but rather for lawyers who have years of experience at teasing out the meaning behind the words so that they can better assist their clients. With that said, we’re going to look at some of the drug laws involving GHB, some of the definitions you’ll find, the punishments, as well as the defenses that you can use.
GHB is a drug that tends to be used for the treatment of narcolepsy. With that said, there’s a high potential for abuse due to some of its properties, and so the drug itself tends to be highly regulated. When this drug is used improperly, it can result in any number of complications, including death. As a result of all of this, improper use of the drug is treated as a crime that can be prosecuted under the penal law. So for instance, if you possess that controlled substance without a valid prescription for it, you’ll be prosecuted under the law. You’d have to have a valid prescription from your doctor for XYLEM for this to apply, or use that narcotic only in compliance with whatever prescription you’ve been given. Being caught with possession of GHB is punished as a wobbler. What a wobbler basically is is a crime that can be charged as either a misdemeanor or a felony, depending on the severity of the crime as well as your previous history with the law. Now if you are charged with this crime as a misdemeanor, you will be facing up to a year in county jail. If instead you’re charged with the felony version of the crime, you’ll be looking at sixteen months or two or three years in state prison. As such, it’s important to take a look at some of the defenses that you can use to potentially get your charges reduced or dropped altogether. Let’s go ahead and take a look at some of those defenses.
One of the big defenses for this charge is to claim that you didn’t possess the GHB for the purposes of selling it, but instead did so in order to personally use it. If this is the case, you might even be able to be sent to a drug diversion program. You can also assert that the drug didn’t belong to you, that you possessed, used, or sold the drug because a police officer lured you into doing this, or that the GHB was discovered during an illegal search or some other kind of police misconduct. As we said before, using one of these defenses can get your charges dropped or reduced, so it’s in your best interest to consider whether they apply to you.
As you can see, once you take the law and break it down into easy to understand chunks, it becomes that much simpler to manage and apply it to your own case. If you feel that one of the defenses we listed above applies to you, then it’s definitely in your best interest to get in touch with the right counsel for the job to help walk you through the process of getting your charges either dropped or reduced. Reach out to us today and we’ll get you the help you need.