In California, possessing ketamine or “special K” is usually treated as a misdemeanor. You can often avoid a conviction and jail by doing drug diversion. Diversion is a type of alternative sentencing which involves:
- completing probation,
- paying restitution to the victims (if any), and
- finishing rehab or a drug education program.
Then upon successful completion, your case gets sealed from your criminal record.
Meanwhile, selling ketamine (or possessing it with the intent to sell it) can be a misdemeanor or a felony and carries up to three years in jail.
The following table spells out the penalties for all of California’s ketamine offenses.
| California Ketamine Crime | Maximum Jail Term (generally) |
| Simple possession – 11377 HS |
|
| Possession for sale – 11379.2 HS |
|
| Selling – 11379.2 HS |
|
| Being under the influence – 11550 HS |
|
| Driving under the influence – 23152f VC |
|
In this article, our California criminal defense attorneys summarize the state ketamine laws including possible penalties and legal defenses:
- 1. Possessing Ketamine (11377 HS)
- 2. Possessing Ketamine for Sale (11379.2 HS)
- 3. Selling Ketamine (11379.2 HS)
- 4. Being Under the Influence of Ketamine (11550 HS)
- 5. Driving Under the Influence of Ketamine (23152f VC)
- 6. How to Fight Criminal Charges
- Additional Resources
1. Possessing Ketamine (11377 HS)
In California, Health and Safety Code 11337 HS makes possessing drugs for personal use (“simple possession”) a crime. Since ketamine is a prescription drug, the court can convict you of simple possession if the D.A. can show that either:
- you possessed ketamine without a valid prescription, or
- you had a prescription for ketamine, but you possessed more than what is authorized by the prescription (or you possessed someone else’s legitimately prescribed the drug).
Note that “possession” comprises not only “actual possession” (such as carrying the drugs on your person). Possession also includes:
- “constructive possession” (such as keeping the drugs in your home) and
- “joint possession” (sharing control over the drug with another person).
Ketamine possession is nearly always a misdemeanor. Although the penalties include up to 1 year in jail and/or $1,000 in fines, you can usually avoid jail and get the case dismissed by doing a diversion program such as:
Ketamine possession can be a felony if you have certain prior serious convictions, such as for a registrable sex offense. The sentence is up to $10,000 in fines and a jail term of 16 months, 2 years, or 3 years.1
A Schedule III controlled substance, ketamine is also referred to as Special K, Kit Kat, Vitamin K or K.
2. Possessing Ketamine for Sale (11379.2 HS)
In California, Health and Safety Code 11379.2 HS makes it a criminal offense to possess drugs with the intent to sell them.2 Prosecutors typically introduce the following evidence to prove that you planned to sell ketamine rather than just use it recreationally:
- you were in possession of large quantities of drugs, more than what any physician would prescribe;
- you had a gun, which is customary to carry during drug deals;
- you had cash, which is typically how people pay for drugs; and/or
- you were spotted in areas where drug selling is known to occur.
Possession of ketamine for sale is a wobbler, meaning it can be charged as either a misdemeanor or a felony. Diversion is not an option, even in misdemeanor cases.
As a misdemeanor, possessing ketamine for sale carries up to one year in jail and/or $1,000. As a felony, possessing ketamine for sale carries 16 months, 2 years, or 3 years in jail and up to $10,000.3
3. Selling Ketamine (11379.2 HS)
In California, Health and Safety Code 11379.2 HS makes it a crime to sell drugs (also called “trafficking”). This includes selling prescription drugs such as ketamine unless you are a licensed pharmacist.4
Similar to possessing ketamine for sale, selling ketamine is also a wobbler, and diversion is not an option.
As a misdemeanor, selling drugs carries up to one year in jail and/or $1,000. As a felony, selling drugs carries 16 months, 2 years, or 3 years in jail and up to $10,000.5
Note that if you are not an American citizen, any conviction related to ketamine laws – particularly selling or possessing for sale – could lead to your deportation.6
See our related article on manufacturing a controlled substance (HS 11379.6).
Ketamine is a dissociative anesthetic, meaning it separates perception from sensation. Veterinarians use it as an anesthetic. Some surgeons also use it on children prior to surgery.
4. Being Under the Influence of Ketamine (11550 HS)
In California, Health and Safety Code 11550 HS forbids you from being under the influence of drugs.7 With regard to ketamine, arrests typically happen during police busts of clubs or raves.
The key elements the D.A. has to prove in order for you to be convicted of being “under the influence” of drugs are:
- your physical or mental abilities were impaired “in any detectable manner,” and
- drugs were the reason for you being impaired.8
Being under the influence of drugs is a misdemeanor carrying a maximum of one year in jail. Though similar to simple possession cases, you can probably avoid any jail time and get the charge dismissed through diversion.9
5. Driving Under the Influence of Ketamine (23152f VC)
In California, Vehicle Code 23152(f) VC forbids driving a motor vehicle in California while you are under the influence of drugs.10 This includes prescription drugs such as ketamine, even if you have a lawful prescription.
The key element which prosecutors need to prove for a court to convict you of DUI of ketamine is that the drug:
“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.”11
As a misdemeanor (in most cases), a driving under the influence of drugs (DUID) carries:
- up to six months in jail,
- up to $1,000 in fines,
- a driver’s license suspension, and
- DUI school.12
A common “club drug,” ketamine is typically sold as a liquid or cooked into a powder for snorting.
6. How to Fight Criminal Charges
Here at Shouse Law Group, we have represented literally thousands of people charged with ketamine crimes. We were able to get most of their charges dismissed or significantly reduced.
In our experience, the following seven defenses have proven very effective with prosecutors, judges, and juries in California. In some cases, we can stage a prefile intervention where we reach out to the D.A. early and persuade them not to file charges at all (called a “D.A. reject”).
1) The Police Committed Misconduct
We may be able to persuade the D.A. to dismiss your case if we can show that the police:
- found the drug through an unlawful search and seizure in violation of your Fourth Amendment rights;13
- entrapped you into buying or selling drugs when you had no predisposition to;
- coerced your confession;
- mishandled the drugs in a way that tainted them or raised a question as to the chain of custody; and/or
- made any other mistakes that raise a reasonable doubt as to your guilt.
If the D.A. refuses to plea bargain ,we can file a motion to suppress under Penal Code 1538.5 PC. This asks the judge to disregard any evidence the police obtained through illegal means. If the judge grants it, the D.A. may be forced to drop the case for lack of proof.
2) You Never Possessed the Ketamine
For you to be guilty of possession under California ketamine laws, the D.A. has to prove you knew the drugs were there. So if we can show the drugs were planted on you or left in your home by someone else without your knowledge, then the state’s case falls apart.
3) Your Impairment Had Nothing To Do With Ketamine
Maybe when the police found you, you were in the throws of a diabetic coma, a narcoleptic episode, or just plain fatigue, and the police mistakenly presumed you were under the influence of drugs. In these cases, the most helpful evidence would be:
- your medical records,
- eyewitness accounts, and
- any available video surveillance footage.
4) You Did Not Intend to Sell Any Drugs
We can often get possession for sale charges reduced to simple possession by demonstrating to the prosecutors that their evidence of your “intent to sell” is weak.
For instance if you were found with a gun and cash, we could argue that you were simply exercising your rights to carry a firearm and that you prefer to pay in cash for reasons that have nothing to do with drugs.
5) You Had a Prescription
As with any prescription drug, no violation of California ketamine laws occurred as long as:
- you had a single, valid prescription to possess the drugs,
- you had no more drugs than the prescription authorized, and
- you used the drugs in accordance with the prescription.
Here, the prescription slip itself would serve as the key evidence to show you broke no law.
6) You Were Drugged
Ketamine is a common date rape drug, and it is easy to slip into someone’s drink. If we can show that you did not choose to ingest the drug, the D.A. would probably drop any charges of you being under the influence.
7) You Were Falsely Accused
Perhaps a vengeful or angry person in your life is trying to get you into trouble by falsely accusing you of drug crimes.
In these cases, we pore over their electronic communications to find their motivation to lie. We can also impeach their credibility on the witness stand.
Once the D.A. sees their key witness lied, your charge could be dropped outright.
During the Vietnam war, medics used ketamine as a battlefield anesthetic A potential side effect is hallucinations.
Additional Resources
For help or more information beyond California ketamine laws, refer to the following:
- Narcotics Anonymous (NA) – A 12-step program to fight drug addiction.
- Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
- Ketamine Fast Facts: What to Know – Department of Justice article about the drug’s properties and treatment.
- Ketamine – Drug Enforcement Administration article on ketamine.
- Ketamine – Alcohol and Drug Foundation summary of ketamine.
Legal References
- California Health and Safety Code 11377 HS. See also California Penal Code 1210.1 PC. California Penal Code 1000 PC.
- California Health and Safety Code 11379.2 HS.
- Same.
- Same.
- Same.
- 8 U.S.C. 1227
- California Health and Safety Code 11550 HS.
- People v. Enriquez (1996) 42 Cal.App.4th 661.
- See note 7.
- California Vehicle Code 23152f VC.
- See note 8.
- See note 10.
- See also People v. Nice (Cal.App. 2016) .