GHB Laws in California
California law makes it a misdemeanor offense to possess or use GHB (gamma-hydroxybutyric acid) without a valid prescription. The potential consequences of this can be significant. Still, you can typically get a dismissal of charges if you complete a diversion program.
However, selling or planning to sell GHB is always a felony crime that carries jail time. Simple possession of GHB is defined under Health and Safety Codes 11350 and 11377 HS, which carries up to one year in county jail unless you complete a diversion program.
Possession for sale of GHB is defined under HS 11351 and HS 11378 HS, which carries 16 months, two, three, or four years in jail.
Selling or trafficking GHB is defined under HS 11352 and HS 11379, which carries three, six, or nine years if you transported the GHB across more than two county lines and had an intent to sell it.
California Health and Safety Code 11550 HS criminalizes being under the influence of controlled substances, such as GHB. Vehicle Code 23152(f) VC makes driving a criminal offense while under the influence of drugs (DUID).
Put simply, in California, it's a misdemeanor to possess or use GHB or XYREM (pharmaceutical GHB) without a doctor's prescription.
Gamma-hydroxybutyric acid (GHB), an illicit party drug, is a substance with a complex profile due to its dual standing as a Schedule I controlled substance and Schedule III prescription drug.
Notably, you can lawfully possess GHB if you have a valid prescription for XYREM and you have no more medication than authorized. Simple GHB possession becomes a felony if you have prior convictions for certain crimes, such as murder, gross vehicular manslaughter while intoxicated, or a sex crime that requires sex offender registration.
What is GHB?
GHB, or Gamma-Hydroxybutyric acid, is commonly known in its pharmaceutical form as sodium oxybate, which is marketed under the trade name Xylem.
It's typically prescribed to treat narcolepsy, a condition that produces daytime drowsiness and sudden attacks of sleep. Sodium oxybate provides essential relief for people affected by this debilitating disorder.
GHB has gained popularity s a party drug because it has euphoric and calming effects, which made it popular among young adults at dance clubs and rave parties.
It is also a "date rape" drug because it increases libido and causes the user to have amnesia (no memory).
Often sold in liquid form, GHB is odorless and colorless and can be mixed with beverages and consumed without detection. This poses a significant danger due to its potency and the unpredictability of its effects.
What are the Harmful Effects?
The misuse of GHB has severe risks as it functions as a Central Nervous System (CNS) depressant. A lack of a reliable antidote complicates the treatment of GHB overdoses. Even small amounts of GHB can lead to a range of harmful effects, including:
- Drowsiness and decreased anxiety can impair cognitive and motor functions.
- GHB users can experience confusion and memory lapses, leaving them vulnerable to accidents.
- Some GHB users will experience hallucinations and aggression.
- When combined with alcohol, GHB's depressant effects are increased, which might lead to life-threatening scenarios.
- High doses of GHB could result in unconsciousness, seizures, slowed heart rate, considerably slowed breathing, lower body temperature, vomiting, coma, and even death.
- The lack of a reliable antidote further complicates the treatment of GHB overdoses.
What is the Current Legal Status of GHB?
GHB is classified as a Schedule I controlled substance under the Controlled Substances Act, which means it has no accepted medical use and a high potential for abuse.
Notably, however, FDA-approved formulations like Xylem fall under Schedule III, meaning possessing and use of a valid prescription is legal.
As noted, illegal possession of GHB without a valid prescription is prosecuted under California Health and Safety Code 11350 HS. All types of "possession" qualify as a crime, including the following:
- Actual possession means the GHB was found on your person or under your direct physical control
- Constructive possession means you have direct access or control of the drug (stored in your car trunk, etc.).
- Joint possession means you have shared access to the GHB drug along with one or more other people.
As noted, California Health and Safety Codes 11351 and 11378 prohibit possessing GHB and other controlled substances with the intent to sell them.
What are the Penalties for Possessing GHB?
GHB possession is considered a "wobbler" that can be prosecuted as either a misdemeanor or a felony with the following penalties:
- First-time offenders can be charged with a misdemeanor, which carries up to one year in county jail and up to $1000 in fines but typically carries probation only.
- If you have prior convictions or large quantities of GHB, the offense can be elevated to a felony, resulting in harsher penalties, but probation could be granted.
- HS 11351 or HS 11378, possessing GHB for sale is a felony that carries two, three, or four years in jail and up to $20,000 in fines.
- California Health and Safety Code 11352 and 11379 prohibit the trafficking of controlled substances, such as GHB, and carries three, four, or five years in prison and up to $20,000 in fines.
California Health and Safety Code 11154 HS prohibits healthcare professionals from knowingly prescribing, administering, or dispensing controlled substances to individuals not under their active treatment for a legitimate medical condition.
What About Drug Diversion Programs?
Sometimes, first-time offenders might have the option to participate in a drug diversion program rather than face criminal prosecution. These programs offer counseling and education to help people overcome their addictions and avoid future offenses, providing a path toward rehabilitation and a fresh start.
Successful completion of a diversion program could result in charges being dismissed. Participation in a diversion program generally avoids jail and conviction and includes the following:
- Proposition 36.
- Penal Code 1000 PC.
- California drug court.
What are the Common Defenses?
Suppose you are accused of illegally possessing GHB. In that case, a California criminal defense lawyer can use different strategies, such as the following:
Perhaps we can argue that you were unaware the substance in your possession was GHB, which can be a viable defense if you did not know about the drug's presence or nature.
If you have a valid prescription for GHB, this could serve as a complete defense against illegal possession charges.
Evidence obtained through unlawful search and seizure can be challenged and potentially excluded from court proceedings, weakening the prosecution's case against you.
For personalized legal advice and assistance, we encourage you to contact our criminal defense law firm, Cron, Israels & Stark, in Los Angeles, CA. We're here to provide you with the information and support you need.