UK - Consequences of being caught manufacturing GHB

[porchy]

What would be the consequences of being caught manufacturing GHB, but in a relativity small quantity, say around 100-150g?

[ShawnD]

http://www.erowid.org/chemicals/ghb/ghb_law.shtml
"U.K. - GHB was placed in Schedule C in the U.K. on June 27, 2003. For more information, see U.K. Home Office. As of December 2007, GBL, which is converted by the body into GHB, is not legally controlled. It is reportedly being sold as GHB for recreational use (see BBC Article)."

http://www.erowid.org/psychoactives/...initions.shtml
"Class C has the lowest penalties: a maximum of two years [...] for possession; five years [...] for trafficking. It includes tranquillisers, some less potent stimulants, and mild opioid analgesics (eg buprenorphine which is used in the treatment of opioid dependency). It also includes liquid cannabis, cannabinol and cannabinol derivatives (THC) (as of Jan 29, 2004)."

I know absolutely nothing about drug laws, but I would assume that making something is closer to traffic than it is to possession. The [...] part means unlimited fine, even for possession.

[porchy]

does anyone else have any more information? also, would the police be likely to check the defendants text messages, as i have heard cases of peoples text messages getting "downloaded" from the phone company, but that was for possession of cocaine with intent to sell.

[R3direct]

I'm not familiar with UK-law but this link gives the information you need : http://www.opsi.gov.uk/acts/acts2000..._20000023_en_1

And of course if in UK-law it is a legal act to do such practices for cocaïne logically it will also be used for possession or traffic of GHB, although my answer can be wrong. I'm always prepared to search in detail because i love info-gathering.

[porchy]

SWIM has an update, the defendants text messages were 'downloaded' which unfortunately incriminates him and SWIM with intent to supply. the police have yet to contact SWIM about this but does anyone have any speculations of the possible consequences?

[ShawnD]

He should talk to a lawyer, and nobody else. Talking to the police absolutely will not help.

[JaWill88]

swim must agree with the above post. swim would just like to back that up. do not talk to the police about it under any circumstances, or anyone else swiy may know. only a lawyer. swim wishes he would have done that.

[porchy]

SWIM has been charged with "Concered in Production of a Class C drug - other"

He has been bailed until forensic evidence. Also the evidence that was against SWIM was sufficient enough for his solicitor to tell him to admit as there would be no way of getting out of it. The amount was more like in the 350g area. His solicitor said the case would likely be dealt with by the Magistrates and the starting point being "a high level Community Order to six weeks custody". As he admitted the charges it should drop him below the custody threshold.

Also worth noting is that there was no GHB sold and there is evidence (in the form of retrieved text messages) to support that.

SWIM is very worried about the consequences although he has been told that as it is his first offence that he should be OK.

Will update after the bail date (end of November).

[jaffacake]

Be prepared for the bail date coming and going several times if they're doing forensics. They can often take months to get around to completing it.

The press coverage could be pretty grim - anything with GHB will have the headline "Man made Date-Rape drug".

[Pondlife]

Originally Posted by porchy

SWIM has been charged with "Concered in Production of a Class C drug - other"

As the solicitor has already indicated, this will almost certainly be dealt with at the magistrate's court. This is an either-way offence, and there is an option to commit to crown court if the magistrates feel that their sentencing powers are insufficient, but that should not be the case here.

If the view is that the person is unlikely to be found not guilty, then an early guilty plea will provide an automatic sentence discount of up to a third. The solicitor will probably already have mentioned this.

Possible mitigating factors include:

- First offence
- Small amount
- No commercial motive
- Cooperation with police

Aggravating factors (i.e. things to avoid) include:

- Commercial supply
- Deliberate adulteration
- Large amount
- Sophisticated operation
- Supply to children
- Venues like prisons, schools Etc.

Please keep us informed of how this turns out.

Best of luck.

Reputation Comments on this post:

thanks for the reply

[porchy]

The press coverage could be pretty grim - anything with GHB will have the headline "Man made Date-Rape drug".

SWIM is very worried that about the news. Its almost guaranteed that it will be in the papers and that will not do SWIM's reputation very good and would also put the family name to shame

Possible mitigating factors include:

- First offence
- Small amount
- No commercial motive
- Cooperation with police

Aggravating factors (i.e. things to avoid) include:

- Commercial supply
- Deliberate adulteration
- Large amount(?)
- Sophisticated operation
- Supply to children
- Venues like prisons, schools Etc.

The things highlighted in bold are true which is half good and half bad.

Oh yeah,

Be prepared for the bail date coming and going several times if they're doing forensics. They can often take months to get around to completing it.

The police acquired the evidence in July so hopefully the forensics will be done by the bail date (which is very unfortunately on SWIM's girlfriends birthday).

Thanks for the reply guys, will keep you updated.

[jaffacake]

Originally Posted by porchy

SWIM is very worried that about the news. Its almost guaranteed that it will be in the papers and that will not do SWIM's reputation very good and would also put the family name to shame

If you'd had a policeman with a bit of decency he could have requested the reporter be banned from the court-room during your case but it's very rare you meet a cop with any decency.

It all depends if the local paper reports cases from court - in my area there was a reporter sat in the dock pretty much all day long reporting on the drug cases. I ended up on page 17 of the local paper so it wasn't too bad. I wouldn't worry about the shame of it - the only people you need to care about are your loved ones, the rest don't matter.

The police acquired the evidence in July so hopefully the forensics will be done by the bail date

In my case it took them from December to June to get the forensics done. The bail date came and went 3 times. It's very upsetting and unpleasant to have to turn up to the station and then be told to go away again and wait for another month by these bastards.

I know how sickening and upsetting these things are but just try and take care of yourself and realise it's not the end of the world. Easy to say that when you're not facing it I know!

Reputation Comments on this post:

thanks for the reply

[porchy]

SWIM has been to the police station for his bail and he has to go to the Magistrates on the 9th of December. His solicitor thinks that a jail sentence is likely.

EDIT:

Forgot to add that there are 2 charges

Between (dates) at (address) jointly with (name) were concerned in the supplying of a quantity of Hyroxy-n-butyric acid namely GHB, a controlled drug of class C, to others in contravention of section 4 (1) of the Misuse of drugs act 1971.


Between (dates) at (address) jointly with (name) produced of a quantity of Hyroxy-n-butyric acid namely GHB, a controlled drug of class C, to others in contravention of section 4 (1) of the Misuse of drugs act 1971.

This is very bad news for this SWIMMER and he is very worried. Its not the sentence he is worried about but his family.

Reputation Comments on this post:

Thanks for keeping us informed of progress. Fingers crossed that the sentence won't be as bad as you fear.

[jaffacake]

Don't give up hope yet Porchy. SWIM was done for 3 counts of possession of class A and importing class A. The solicitor thought it likely he could go to jail but because it was his first offence he got a fine. A jail sentence for supplying a class C for your first offence would be very harsh. It's possible the prosecutor could drop the "concerned with the production" charge at the court. SWIM was charged with "concerned with the production of magic mushrooms" but when he got to court they dropped that charge and just did him for possession. Good luck.

[porchy]

OK its his big day tomorrow and I am wondering if anyone has any advice for the courtroom. SWIM will be very smartly dressed, shaven, his long hair all tied up nicely and with his mother and father. I don't think there is anything else he needs to think of, his solicitor is sorted too.

[tryptamaster]

yea in the states swim feels theyd be harsh as fuck due to the extreme media stigma of ghb as a drug solely used for date rape. usually tho first offenenses are prosecuted lightly.

[jaffacake]

Originally Posted by porchy

OK its his big day tomorrow and I am wondering if anyone has any advice for the courtroom. SWIM will be very smartly dressed, shaven, his long hair all tied up nicely and with his mother and father. I don't think there is anything else he needs to think of, his solicitor is sorted too.

You might not be sentenced tomorrow - it may be adjourned till after christmas for "psychiatric reports", then you'll go back for a sentence.

[Pondlife]

Originally Posted by porchy

OK its his big day tomorrow

Best of luck. I'm keeping my fingers crossed for you.

Please let us know how you get on.

[porchy]

Just as I thought its going to crown court on the 9th on January. I think the charges have been changed slightly but I have no idea to what but apparently it changed for the worst. Will update when more information is available.

[Pondlife]

Bad luck. That really sucks, having another delay and all the uncertainty over Christmas.

I presume the magistrates committed the case to crown court for trial, and that SWIY has not pleaded yet; or did he plead guilty and the mags commit to crown court for sentence?

[jaffacake]

Fucking hell Porchy, that must be disappointing. I wish you all the best. Take care of yourself over xmas.

What was the reason for moving it up to Crown Court? Is the magistrate saying he hasn't got sufficient sentencing powers?

[porchy]

OK, so it wasn't SWIM but me who's in trouble. I have pleaded guilty to both charges. The magistrates committed the case to crown because they didn't have enough sentencing powers. I'm glad that the case is after Christmas because at least I get to be a free man over the holidays. My probation officer thinks that it will most likely be a suspended sentence so I hope that is the case.

Thanks to everyone for their support it means a lot to me

[Pondlife]

In my (albeit limited) experience, the crown court often sentence within the mags powers. Just because it goes to crown does not mean a sentence of more than six months (the maximum available to magistrates) is inevitable.

[porchy]

Originally Posted by Pondlife

In my (albeit limited) experience, the crown court often sentence within the mags powers. Just because it goes to crown does not mean a sentence of more than six months (the maximum available to magistrates) is inevitable.

I was wondering about that. I think its 6 months per charge from the magistrates.

My solicitor's last case was with someone who was caught with 6 kilograms of the stuff. I have searched for a news story but found nothing. The offender didn't go to jail but that was only because he was selling it to body builders and not to the average drug user.

[Perpetual Ambiguity]

Swim has landed himself in an identical situation to Mr Porchy and thanks you all for your help, information and support.

My first query relates to exactly how proceedings will lay out in the crown court. Will it be the same fare as the mag's but with a sentence guaranteed or will things be looked at in much greater detail? Will the defendant get opportunity to speak? Or will things be discussed though barristers only?

Swim, unlike his co-perpetrator declined legal aid earlier in the questioning process and thus made some foolish admissions pertaining to other more serious drugs. Although no charges relating to this information have been made and swim was never "involved in the supply of class A's" as the police report put it, even Swim's lawyer is worried this may be brought up in crown. Without going into details do any of you think this will affect the sentence I will receive? Hence would swim likely receive greater punishment for being (stupidly) honest about his other recreational drug use, compared to S.else.W.really.I.M who knew better than to think he could "trust" the police?

Thanks

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Thanks for sharing details of your situation. Please keep us updated on how things work out, as this sort of informatio...