Two people who arranged to sell a date-rape drug to an undercover police officer in Penticton will each spend 90 days behind bars.
Melissa Lauren Fox, 33, and Adam Christopher Mussell, 32, each pleaded guilty to one count of possession of GHB for the purpose of trafficking and were sentenced Tuesday in provincial court in Penticton.
Judge Greg Koturbash ordered the two, who have a one-year-old baby together, to serve their sentences on alternate weekends so one parent can stay home with the child.
Crown counsel Matthew Canzer told the court an informant provided Fox’s phone number to police, who over the course of a few days communicated with her by text message to arrange the sale of one litre of GHB for $480.
Canzer said Fox and Mussell agreed to do the deal in the parking lot of a local coffee shop on April 30, 2013, and were arrested on the spot.
Inside their vehicle was a one-litre water bottle that contained GHB, he continued, plus scoresheets and cash that indicated the pair had been running what was “basically a dial-a-dope operation.”
Canzer said that aspect of the case, plus the potential danger of GHB — a colourless, tasteless liquid used in small amounts as a date-rape drug to render victims unconscious — warranted a jail sentence of up to six months for both Fox and Mussell.
“The Crown’s position is a message must be sent,” said Canzer, who noted GHB is a Schedule 1 substance, along with the likes of cocaine and heroin, in the Controlled Drugs and Substances Act.
Defence co-counsel Kathyrn Lundman noted, however, that there are other uses for GHB, including as an alternative to steroids for bodybuilders or as a recreational drug, as was the case with Fox and Mussell. She noted they both used GHB regularly and purchased it in large amounts to save money, then sold some “a few times” when they needed cash.
Lundman suggested a suspended sentence for her client, Mussell, as did Michael Welsh, who represented Fox.
Welsh argued she has become a good mother since her arrest, plus started receiving counselling and building a fitness business, all of which would be set back by her going to jail.
Both Fox and Mussell apologized to the court.
“What we did was wrong, but being caught was a blessing because we found out we were pregnant and changed our lives greatly,” said Fox.
“Not only did we put ourselves in jeopardy,” Mussell added, “we actually put other people in jeopardy without realizing it.”
