QUICK TAKEAWAY
Roofies: Flunitrazepam, also known by the brand name Rohypnol, is a Schedule ICommonly characterized as “hard drugs" narcotic under the Controlled Drugs and Substances Act (CDSA) that brings potentially harsh sentences for criminal convictions. It is part of the benzodiazepines family of depressant drugs that slows down brain activity and produces a calming effect. It is generally used to treat people with insomnia, seizures, panic attacks or anxiety. Flunitrazepam is a central nervous system depressant that is 10 times more potent than similar drugs such as Valium. It is odourless, tasteless and looks like an Aspirin tablet. It can be crushed and dissolved in drinks without being detected by the victim. It can take effect within 20 minutes and last eight to 12 hours.
Table of Contents:
What is Flunitrazepam?
Patented in 1962, flunitrazepam came into use in 1974 and is often referred to as roofies, wolfies, 'forget me' pills or the date rape drug. It is a mind-altering substance that can lead to addiction and overdose.
Combining flunitrazepam with other substances can be dangerous and potentially fatal. When mixed with alcohol, its effects are intensified. Victims have described the drug's effect as paralyzing, leaving them unable to resist a sexual assault. Their memory is impaired, and they may not be able to remember what had occurred after the drug took effect. Flunitrazepam can cause respiratory depression, coma and death. It is sometimes used to enhance a heroin high or ease the adverse effects of a crack or cocaine binge. Because it is inexpensive, flunitrazepam is popular with high school and university students.
Street Names for Flunitrazepam
You may know it better by its street names, which include date rape drug, circles, roofenol, roll and fall, forget me pill, la rocha, lunch money, R2, Roach 2, ruffies, rophies, wolfies
Effects of Flunitrazepam
When you swallow flunitrazepam, it is absorbed into the bloodstream and travels to the brain, depressing the central nervous system. Small amounts may help you feel more confident, but they can cause quick intoxication, dizziness, disorientation, drowsiness and impaired judgment. You may suffer memory loss, nausea, hot and cold flashes, and difficulty speaking or moving. You can wake up confused, unable to account for a period of time.
Milder symptoms of an overdose can include lower blood pressure, slower heart rate and slurring of speech. You may also be unsteady on your feet. If the overdose is more severe, you could lose consciousness. Your breathing and heart may stop momentarily. You may also experience withdrawal symptoms, including depression, hallucinations, convulsions, headaches and sore muscles. Continued use could lead to addiction.
Legal Status of Flunitrazepam in Canada
Flunitrazepam has been widely linked to cases of sexual assault. As well, it has been used to incapacitate victims of theft. It is commonly used in suicides and often detected in people suspected of driving under the influence of drugs. BenzodiazepineA category of drugs that slows down brain activitys such as flunitrazepam are only legally available in Canada by prescription and should only be consumed as recommended by a physician. It is illegal to traffic, import or produce it.
What is Needed to Convict
To find you guilty of possessing a benzodiazepine, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must establish beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you were in possession of the drug. Remember that "possession" is not just limited to the idea that the drug was found on your person or in your car or house. Instead, it means you had some degree of control and knowledge of the drug.
As a result, you can be found guilty of possession even if the flunitrazepam was found at someone else's house or in a friend's locker.
Other basics the Crown has to prove is that the substance in question is a drug listed in the CDSA and that you had knowledge about its illegal nature.
Penalties for Flunitrazepam Offences in Canada
Drug crimes are generally distinguished as either possessionTo have some control and knowledge of a drug or sales offences. Sentences will vary depending on how much you possessed and if there were any aggravating factors. If you have been charged with possessing a small amount of illegally obtained flunitrazepam, you will likely face a light sentence for a first conviction. However, selling or distributing narcotics comes with much more severe penalties. Your sentence will depend on the specifics of your case, so if you have been convicted of illegally possessing, manufacturing or distributing a narcotic, you could be sent to jail, even if it is your first offence.
Since it is considered a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence, the Crown has an option to proceed by summary convictionUsed for lesser offences or indictment.
A summary conviction can bring a penalty of a $1,000 fine and/or up to six months in jail for a first offence. You face a $2,000 fine and/or up to one-year imprisonment for each subsequent conviction.
If the Crown chooses to proceed as an indictable offenceIndictable offences are more-serious criminal offences, you face a maximum prison term of seven years. If you are convicted of trafficking and possession for the purpose of trafficking, you could face a maximum of life imprisonment (s.745.)
Under the CDSA, you can be convicted of trafficking if you "sell, administer, give, transport, send or deliver the substance" or "sell an authorization to obtain the substance or offer to do anything mentioned." An exchange of money is not required for a conviction; transferring a controlled substance such as flunitrazepam from one person to another is enough.
It is important to note that if you used the drug in a sexual assault or theft, you could face additional charges under the Code.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
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Catherine Tyhurst
Mccullough Watt Sutton Lynskey & Hodson
Costa Law Victoria BC
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Glossary of Legal Terms
Benzodiazepine
Drugs that slow down brain activity, often used as sedatives and tranquilizers.
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Possession
Possessing a drug on your physical self, or knowingly in the custody of another person, or the place for the use or benefit of yourself or another person.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
