California Ketamine Laws – Possession, Use, Sales & Trafficking

Possessing and/or selling ketamine or “special K” – a popular “club drug” – is illegal without a prescription. Engaging in either of these activities subjects you to a variety of penalties.  The good news is that we can help.

We have decades of experience defending clients against California drug charges.  Our criminal defense attorneys are former police investigators and prosecutors who have the inside scoop on how these crimes are investigated, prosecuted and — more importantly — defended.

This article serves as a basic summary of the laws that apply to California ketamine-related offenses.  Our California ketamine (“special K”) attorneys¹ explain these laws by addressing the following:

• 1. What is Ketamine?
  • 1.1. The history of ketamine (“special K”)
  • 1.2. Medical uses of ketamine
  • 1.3. Use as a “club drug”
• 2. California Laws Regulating the Possession and Sales of Ketamine
  • 2.1. Health and Safety Code 11377 HS — California’s “personal possession of ketamine” law
  • 2.2. Health and Safety Code 11379.2 HS — California’s “possession for sale or sale of ketamine/special K” law
  • 2.3. Driving under the influence of ketamine
• 3. Legal Defenses to California Ketamine-Related Charges
  • 3.1. You held a valid prescription for the ketamine
  • 3.2. You didn’t intend to sell ketamine
  • 3.3. The “special K” was discovered during an illegal search and seizure
  • 3.4. Police misconduct
  • 3.5. You were not under the influence of ketamine when you drove

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. What is Ketamine?

Ketamine — also commonly referred to as “Special K”, “Vitamin K” or “K” — is what’s known as a controlled substance.  A “controlled substance” is a narcotic whose use, possession and manufacture are all regulated by the government under the United States Controlled Substances Act.

The Controlled Substances Act classifies ketamine as a Schedule III drug,² which means that ketamine is a narcotic that

1. has less abuse potential than the drugs classified under Schedules I and II (Schedule I and II drugs are considered the most dangerous with little or no legitimate medical value),
2. has a currently accepted medical use in treatment in the U.S., and
3. may lead to moderate or low physical dependence or high psychological dependence if abused.³

1.1. The history of ketamine (“special K”)

Ketamine belongs to a group of narcotics known as dissociative anesthetics.  A “dissociative anesthetic” is a group of drugs that separate perception from sensation — that is, they reduce anxiety and produce a “trance-like” state.

First developed in 1962, ketamine (or “special K”) was initially marketed as a fast-acting general anesthetic that was a safer alternative than its counterpart, phencyclidine (“PCP”).  By 1970, the U.S. federal government approved ketamine for human use.  It soon became a popular “battlefield anesthetic” and was given to American soldiers during the Vietnam War.

But in the 1970s and 1980s, ketamine abuse began to increase across the country.  This abuse became so widespread that the U.S. Drug Enforcement Administration (“DEA”) classified it as a Schedule III controlled substance in 1999.⁴

1.2. Medical uses of ketamine

Even though ketamine serves a legitimate medical purpose as an anesthetic, its use is limited.  This is because ketamine has many undesirable side effects including the potential to cause “out-of-body experiences” when a patient is “emerging” or “coming out of” general anesthesia.⁵

As a result, ketamine is primarily used as a veterinary (that is, animal) anesthetic.  It is also sometimes used as an anesthetic for children undergoing surgery because children appear to suffer from less serious side effects than adults.⁶

The types of side effects that limit ketamine’s use as a medical drug are precisely what make it popular as a “club drug”.

1.3. Use as a “club drug”

“Club drugs” are recreational drugs that are typically used by those on the “party or club circuit” to enhance their visual and physical experiences at clubs, parties, concerts, etc.  Those who routinely use these types of drugs take advantage of the narcotic’s stimulating and psychedelic properties.

Specifically, “special K” users report that they feel “floaty”, experiencing hallucinations that are slightly outside their body.  In higher doses, more of a “trippy” effect is felt, and the user feels farther away from his/her body.  These effects generally only last from between 45 to 90 minutes, but can impair the user’s senses, judgment and coordination for up to 24 hours.⁷

Ketamine is typically sold as a liquid, although it is frequently cooked into a powder for snorting.  It is also available in capsules and tablets, usually when combined with other drugs, such as MDMA, more commonly referred to as ecstasy, “X”, “XTC” or “E”.⁸

And, because ketamine comes in both a liquid and powder form — and can, therefore, be slipped easily into a person’s drink without being detected — it is sometimes used as a “date rape” drug.

Adverse reactions include (but are not limited to):

• depression,
• amnesia,
• high blood pressure, and
• potentially fatal respiratory problems.⁹

2. California Laws Regulating the Possession and Sales of Ketamine

Because ketamine (“special K”) can be used legally and illegally, there are a number of laws that strictly regulate its availability.  The following are some of the most common.

2.1. Health and Safety Code 11377 HS — California’s “personal possession of ketamine” law

You violate Health & Safety Code 11377 HS California’s law against possessing a controlled substance by possessing ketamine in one of two ways:

1. you possess ketamine without a valid prescription, or
2. you have a prescription for ketamine, but you possess more than what is authorized by the prescription (or possess someone else’s legitimately prescribed ketamine).

Illegally possessing this narcotic is a misdemeanor, subjecting you to a six-month county jail sentence and a maximum $1,000 fine.¹⁰

However, because this offense assumes that you possess ketamine for personal use, California offers you an opportunity to participate in a drug treatment program.  If you are eligible, a California conviction for personal possession of ketamine allows you to participate in “drug diversion”, a program authorized under

• Proposition 36,
• Penal Code 1000 PC, and
• California drug courts.

If you successfully complete your diversion program, your California charges for personally possessing ketamine will be dismissed.

California Health and Safety Code 11377 HS.is not only applicable to ketamine but to a number of other controlled substances as well.

Some of these include:

• ecstasy,
• gamma-hydroxybutyric acid (commonly known as “GHB”), and
• specific anabolic steroids.

2.2. Health and Safety Code 11379.2 HS — California’s “possession for sale or sale of ketamine/special K” law

Health and Safety Code 11379.2 HS California’s “possession for sale or sale of ketamine” law is considered more serious than HS 11377 above.  This is because this offense involves more than just personal use.  It involves

1. possessing enough ketamine that there is evidence you intend to sell the drug to other people/groups, and/or
2. actually selling ketamine.¹¹

A conviction for violating California’s “possession for sale or sale of special K” law, HS 11379.2, is what’s known as a wobbler.  A “wobbler” is a crime that the prosecution may choose to file as either a misdemeanor or a felony, depending on

1. the facts of your case, and
2. your criminal history.

If you are convicted of HS 11379.2 as a misdemeanor, you face up to one year in a county jail and a maximum $1,000 fine.  If you are convicted of HS 11379.2 as a felony, you face 16 months, or two or three years in the California state prison and a maximum $10,000 fine.¹²

California drug diversion is not available in connection with Health & Safety Code 11379.2 sale/possession for sale of special K.

2.3. Driving under the influence of ketamine

If you drive under the influence of ketamine, you violate Vehicle Code 23152(f) California’s driving under the influence of drugs (“DUID”) law.¹³ This is the case even if the only reason you were under the influence is that you legally received ketamine as an anesthesia.  This is because driving under the influence of any drug — whether prescribed or not — is a crime.

You drive “under the influence” of ketamine if the ketamine has “so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties.”¹⁴

Most convictions for driving under the influence of drugs are misdemeanors, subjecting you to fines and possible jail time.  Drug diversion is not offered in connection with a DUID conviction.

It is important to understand that any of these California ketamine-related convictions could lead to your deportation or removal if you are a legal immigrant or legal alien.¹⁵ For more information about how California drug offenses affect aliens, please review our article on California Crimes that Lead to Deportation.

3. Legal Defenses to California Ketamine-Related Charges

Because there are a variety of charges involving California ketamine-related offenses, there are also a number of legal defenses that are available to refute these charges.  Which ones your California drug crimes defense lawyer will present on your behalf will obviously depend on the exact circumstances of your case.

The following are some of the most common defenses that relate to California drug crimes.

3.1. You held a valid prescription for the ketamine

While this is definitely a valid defense to a “possession of a controlled substance” charge, its use with a California ketamine-related offense is quite limited.  This is because ketamine’s legitimate medical use is as an anesthesia. As a result, it would most likely be administered in a hospital setting (either human or veterinary) and wouldn’t typically be a drug that you would take home to administer to yourself or an animal.

If, however, ketamine was prescribed — and you only possessed it in strict compliance with that prescription — you would not be guilty of violating Health and Safety Code 11377 HS California’s law against possession of ketamine.

3.2. You didn’t intend to sell ketamine

Let’s say that you did, in fact, illegally possess “special K” and that the facts proving such were overwhelming.  In this case, your California criminal defense lawyer would probably want to argue that you only possessed the ketamine for your own personal use and that you didn’t intend to sell it.

And while it may seem odd to admit to a crime, this is often the best approach.  As Palm Springs criminal defense attorney John Murray¹⁶ explains, “If you can plead guilty to a personal possession charge instead of a possession for sales or sales charge, you (1) will benefit from a less serious charge and less severe sentence, or (2) may be entitled to participate in drug diversion.a possibility that will ultimately result in a dismissed charge.”

3.3. The “special K” was discovered during an illegal search and seizure

Similarly, assume that you are guilty of a California ketamine-related offense.  If the only reason that the officers discovered or seized the drug was that they engaged in an illegal search and/or seizure in violation of California’s search and seizure laws, you may be entitled to an acquittal of your charge(s).

This is because a potential illegal search or seizure will likely prompt your attorney to file a Penal Code 1538.5 PC motion to suppress evidence.  If this motion is granted, the prosecutor will likely dismiss or — at the very least — significantly reduce your charge(s).

3.4. Police misconduct

Along these same lines, if the only reason that you’re facing California ketamine-related charges is because the cops engaged in police misconduct, you should be absolved of your wrongdoing.  If, for example, the police

• “planted” or fabricated evidence in an effort to arrest and/or convict you,
• used excessive force to discover or seize the ketamine,
• lured or coerced you into possessing or selling the ketamine (a legal defense known as entrapment), or
• in any other way acted unethically and illegally,

your charges should be dismissed.

3.5. You were not under the influence of ketamine when you drove

If you have been charged with driving under the influence of special K, there are a number of legal defenses to fight your DUI charge.

If, for example, you can prove that your “alleged” impairment was due to

• fatigue,
• illness,
• physical disability, or
• any number of other nondrug-related innocent symptoms,

then you are not guilty of this offense.

Call us for help . . .

To learn about Nevada drug crimes laws, go to our informational article on Nevada law re possession or sale of ketamine.

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