Gamma-hydroxybutyrate, popularly known as GHB, is an illegal substance mainly used as a party drug. It creates a feeling of euphoria that causes the consumer to relax, become more sociable, and experience a heightened sex drive. However, it depresses the nervous system and has a high risk of dependence and abuse. Even when taken in small doses, GHB can lead to severe effects and could cause death.
GHB and all its analogs are highly regulated. It is classified as a Schedule I drug, meaning that it is a potentially dangerous substance in terms of dependence and abuse. California drug laws also include several crimes involving the substance. Violating these laws attracts severe penalties, including a hefty fine and a long prison sentence.
It is advisable to speak to a skilled criminal attorney if you face charges for a drug-related crime involving GHB. The attorney will explain the legal implications of the charges, options, and possible penalties. They can also plan a strong defense against your charges for a reasonable outcome.
Here are some of the criminal charges you can face for the possession, sale, or distribution of GHB:
The Illegal Possession of GHB
As a Schedule I drug, GHB does not have an acceptable medical use. It has a high potential for addiction and abuse. However, some formulations like Xyleme, which are FDA-approved, are classified under Schedule III because of their medical potential. Thus, the use and possession of GHB require you to have a valid prescription or license. An illegal possession of this substance will occur when you do not have authorization. If so, the prosecutor will file charges under HS 11350, a general law prohibiting the illegal possession of a controlled substance.
The DA must prove all the elements of this crime for a conviction to occur. The elements are as follows:
- The police found you in possession of a controlled substance
- You knew of the substance’s presence in your person
- The controlled substance was GHB
- You knew the nature of the substance
- You did not have the legal authorization to possess the substance
The illegal possession of GHB can be actual, constructive, or joint possession.
Actual possession means you had the substance on you during your arrest. It could be that you held the drugs, or carried them in your clothing or in something you wore (like a jacket or trousers), or had (like a bag). Actual possession means you had direct control of the substances.
Constructive possession means you have direct control over the substance even if it is not on your person or property. This can happen if the substance was hidden in your vehicle, house, or a location you had direct access to, like a storage locker.
Joint possession happens when you and someone else, or other people, have control over or possession of the substances. The substance can be on you, your property, or elsewhere that you and others can access.
Additionally, the district attorney must prove the nature of the substance as a controlled substance. They must demonstrate your knowledge of the substance’s presence and nature as a controlled substance. If the prosecutor successfully proves all the elements of the offense, you will be guilty of a misdemeanor.
The illegal possession of a controlled substance is punishable by a one-year jail sentence and $1000 in fines. However, you could be eligible for a diversion program, like California drug court, Proposition 36, or PC 1000. If the court allows you to do a diversion program, you can avoid a conviction and jail sentence.
Although most drug possession charges are misdemeanors in California, the district attorney can charge you with a felony in specific situations. For example, if there is a previous conviction record for a severe offense like a sex crime that requires registration as a sex offender, possession of GHB becomes a felony offense. A felony conviction is punishable by a prison sentence of sixteen (16) months, two(2) or three(3) years, and $10,000 in court fines.
Possession of GHB for Sale
HS 350 prohibits simple possession of GHB for personal use. Possessing the substance for sale is a more severe offense, as provided under Health & Safety Code 11351. The sale of GHB is illegal unless you have a valid license to sell or distribute controlled substances. The DA must prove these elements for a court to find you guilty:
- You had a controlled substance
- You intended to sell or distribute the substance
- You knew about the substance’s presence and its nature as a controlled substance
A defendant’s intent is very challenging for prosecutors to prove. Since defendants do not readily admit their intent to sell during an arrest, prosecutors rely on circumstantial evidence to prove cases like these. Some of the indicators of your intent to sell GHB include the following:
- Having more of the substance than you need for personal or recreational use
- You had a weapon, like a gun or a knife, for self-defense when conducting drug deals
- Law enforcement officers arrested you in an area generally used or popular for drug deals
Possession of GHB for sale is a felony, punishable by a prison sentence of two, three, or four years and a $20,000 fine. A prior conviction for a similar offense or a violent felony can lead to heftier penalties, like a prison sentence of up to 30 years and a fine of $80,000.
You can defend yourself from these charges to receive a favorable outcome after a trial. With the assistance of a skilled attorney, you can legally use some of the best legal defense techniques to compel the court to reduce or drop your charges. Examples of these defense strategies are:
- Fighting the fact that you intended to sell the drugs to convince the prosecutor to drop your charges to simple possession is a misdemeanor.
- Arguing that your arrest was illegal because the police did not have a warrant for your arrest
- Arguing that the search and seizure by the police was illegal because they did not have a valid search warrant. This will compel the court to dismiss evidence gathered through an unlawful search and seizure.
- Demonstrating that the charges against you are false
Illegal Transportation or Sale of GHB
The sale, transportation, administration, or importation of a controlled substance is prohibited under Health & Safety Code 11352. It is the law under which the prosecutor will file charges if you are suspected of selling, furnishing, administering, transporting, or importing GHB. The district attorney must prove the following elements beyond a reasonable doubt for a jury to bring a guilty verdict:
- That you knowingly sold, transported, furnished, administered, gave away, or imported a controlled substance, or offered to transport or sell GHB.
- The controlled substance was GHB.
This felony offense is punishable by a prison sentence of three, four, or five years and a $20,000 fine.
Your penalties will likely increase to a prison sentence of three, six, or nine years if you are guilty of moving the substance across multiple county lines, intending to sell.
The judge will likely give you a harsher penalty if they have evidence that you were aware or should have reasonably known the person buying or receiving the GHB was a pregnant woman, a convicted felon, or receiving treatment for a drug problem or a mental condition.
Transportation or sale of GHB also carries severe immigration consequences for non-citizens. It can result in deportation once you complete your service. It results in the loss of gun rights to Californians, meaning that you will not legally buy, possess, or use a firearm after your conviction.
A skilled criminal attorney can help you fight your charges using the best legal defense strategies. Examples of such methods include the following:
- You did not intend to sell or give away the drugs, as they were for your personal use. This can convince the court to reduce your charges to a simple misdemeanor charge.
- If you face these charges for offering to sell or transport GHB, you can counter the prosecutor’s case by stating that you did not offer to do it. An aggressive attorney will use compelling words to convince the court of your innocence.
- The police found the drugs through an illegal search and seizure
- You are a victim of police entrapment, and could not have committed the offense were it not for the coercion of the police
Successfully using one or more of these defense strategies will likely result in a favorable outcome in your case.
Being Under Influence
The law, under HS 11550, makes it unlawful for you to be under the influence of a controlled substance, including GHB. Being under a substance’s influence occurs when the substance impairs your physical and mental abilities in a detectable way. The prosecutor will demonstrate all the elements of this offense to secure a conviction. These elements are:
- That you consumed a controlled substance that impaired your physical and mental abilities in a detectable way
- The controlled substance that impaired you was GHB
- Your usage of the substance was not by a valid prescription from a medical practitioner
This offense is a misdemeanor, punishable by a one-year jail term and $1000 in fines. However, the judge can allow you to complete a drug diversion program instead of taking your case to trial. The court will dismiss your charges if you go through the program successfully. However, if you fail to complete the program, the judge will continue from where they left off.
If you do not qualify for a drug diversion program and your case moves to trial, an experienced criminal defense attorney can help you fight for a favorable outcome. For example, they can argue and prove that you had a prescription for the drug that impaired you. They can also counter the prosecutor’s case by claiming that you were not under the influence of a drug. A drug test can support this argument.
Driving Under the Influence
This is a grave offense that prohibits drivers from operating vehicles while under the influence of alcohol or drugs. If you are a driver and you operate a vehicle under the influence of GHB, the prosecutor will file charges under VC 23152(f). This is a particular statute that prohibits driving under the influence of drugs.
When an officer stops you on suspicion of driving while intoxicated, they will investigate you before making an arrest. If the officer is convinced that you are under the influence of drugs, they will arrest and charge you under VC 23152(f). A blood test after an arrest will confirm the exact drug in your system.
The prosecution team must demonstrate that the drug affected your nervous system, muscles, and brain to the point of impairing your capacity to drive safely. You will be found guilty if they convince the court of this and have sufficient evidence to prove the case.
This is generally a misdemeanor offense, punishable by a maximum jail sentence of six months and $1000 in fines for a first-time offender. The judge will increase penalties for a repeat offender or any aggravating factor in your case, like an injury or death. A conviction will also result in the suspension of your driver’s license and a requirement to register and complete a DUI program.
Find Experienced Criminal Defense Services Near Me
Being a Schedule I drug, GHB is a hazardous drug. The law highly regulates its possession, use, sale, and distribution. This means severe penalties for anyone guilty of any substance-related crime.
If you or a loved one is facing drug-related charges involving GHB in Long Beach, you should consult with an experienced criminal attorney. This way, you can understand the weight of the charges, possible penalties, and options.
Our talented attorneys at Long Beach Criminal Attorney can also help with the legal process and defense. We can use our best defense strategies to push for the best possible outcome in your case. Contact us at 562-308-7807 to discuss this further.