Commonly abbreviated as GHB, gamma-hydroxybutyrate is a central nervous system drug, prescribed to patients with sleeping disorders. GHB is a prescription drug, but it is often used and abused illegally, particularly in nightclubs, because of its effects once it is in your body. It is easy for a person with bad intentions to mix GHB with your drink because of it’s colorless and odorless nature. The police and prosecutors treat GHB-associated drug crimes harshly because of this and other severe side effects this drug causes. You can face misdemeanor or felony charges if you are guilty of an offense involving GHB. If you are in this situation, you should seek the services of a competent criminal attorney to protect your legal interests.

Understanding GHB

GHB is also referred to as "Liquid E" or "G" and "Liquid X." This is a controlled substance that falls under Schedule I of the Controlled Substance Act when used recreationally.  However, it is also listed as Schedule III when used for specific medical purposes such as in medication prescribed to those with narcolepsy.  Schedule Drugs have no medical importance and can cause dependence and abuse because of their side effects. It is a bit contradictory to have GHB listed in Schedule 1, which means there is no medically useful purpose for the drug, while at the same time acknowledging that it is useful to help those with narcolepsy, a debilitating medical condition!

Unlike Schedule I and Schedule II drugs, Schedule III drugs have less dependence and abuse potential, and they have medically accepted uses. GHB falls under Schedule I and Schedule III because the Federal Drug Administration (FDA) permitted Xyrem, a GHB-made drug, to be used by individuals with medical problems like narcolepsy and sleep disorders. GHB can help individuals with these medical conditions, but it has severe side effects, which can make it susceptible to illegal use and abuse. The following are some of the severe side effects of GHB especially if used in excess:

  • Comma
  • Amnesia
  • Hallucinations
  • Sweating
  • Vomiting
  • Muscle spasms
  • Loss of consciousness, and
  • Dizziness

In some sexual crimes a perpetrator will use GHB to make victims lose control of their bodies and become semi-unconscious. You can face severe repercussions for possessing GHB regardless of whether you intended to use GHB to commit a sex offense. Some of the repercussions include hefty fines and a term of incarceration.

There are several GHB drug-related offenses that the prosecutor can file against a person. However, the charges the prosecutor can file against you depend on the facts of your unique drug case. Some of the GHB drug-related crimes include the following:

Possession Of GHB Without a Prescription— Health And Safety Codes 11350 and 11377

You can face the charges under HSC 11350 and 11377 if you possess GHB without a prescription. However, you will not face possession of GHB charges if you have a valid prescription for XYREM. The law allows you to possess this drug only if you secure a valid prescription from a licensed practitioner. You are expected to use this drug with strict compliance once you have secured it.

Possessing GHB can attract criminal charges because it falls under Schedule I controlled substances. If the prosecutor accuses you of possessing GHB,  the following elements must be evident:

  • You unlawfully possessed GHB or had control over GHB without a prescription
  • You knew of the presence of the drug
  • You had the knowledge of the nature of the substance
  • You had a usable amount of GHB

You could face misdemeanor charges if you are guilty of possessing GHB without a prescription. This offense can result in a jail term of up to one year. Violations of HSC 11350 and HSC 11377 can result in a fine of up to $20,000.

Drug Diversion Program

If you are a low-level offender facing GHB possession charges, the court can order you to enroll in a drug diversion program rather than end up with a conviction on your record. You will be eligible for this program if you are facing misdemeanor charges under Prop 36 or PC 1000 under the following circumstances:

  • You have not participated in diversion programs in five years
  • You have no felony conviction record within five years of your possession charges
  • You had no prior conviction for possession or intent to sell GHB
  • You have no record of parole or probation violation

A drug diversion program is meant for rehabilitation and treatment to prevent future drug use and offenses associated with drugs. The court will dismiss your possession case if you complete the diversion program and do not reoffend within the diversionary period.

Possession For Sale of GHB - Health and Safety Codes 11351 And 11378

You can face charges under HSC 11351 and 11378 if you are guilty of purchasing or possessing GHB with the intent to sell it. If the prosecutor accuses you of violating HSC 11351 and 11378, the following elements must be proved:

  • You possessed or purchased GHB
  • You had knowledge of the substance in your possession, which was GHB, and its nature as a controlled substance.
  • You had enough quantity of GHB for sale
  • You intended to sell GHB

You could face felony charges if you are guilty of possessing GHB for sale. This offense can attract a fine of up to $20,000 and a jail term of two, three, or four years in a state prison. You will not qualify for a diversion program if you are charged with possession of GHB with the intent to sell.

However, you can secure a formal probationary sentence instead of a jail term. Probation enables you to serve part of your sentence through community service. This probation often lasts two years and has the following conditions:

  • Meeting with the probation officer regularly
  • Avoiding meeting certain people or visiting particular areas
  • Undergoing random drug and alcohol tests
  • Attending a drug program
  • Avoiding committing other crimes

Transporting or Selling GHB - Health And Safety Code 11352

You will face charges under HSC 11352 if you are guilty of furnishing, transporting, or selling GHB. The judge can convict you under this law if there is enough evidence that you transported or sold GHB. You will also be charged if the court establishes that you engaged in the following activities:

  • Imported GHB in California
  • Gave away GHB
  • Furnished another person with GHB

If the prosecutor accuses you of violating HSC 11352, the prosecutor must prove that you knew of the presence of GHB. It must also be evident that the substance was in a usable quantity. In some situations, the prosecutor can file a case against you for drug trafficking through sting and undercover operations. The prosecutor will have enough evidence against you if you sell GHB to an undercover police officer.

Transporting or selling GHB is often charged as a felony. This offense can result in a sentence of three, four, or five years in state prison. You will face an enhanced sentence of nine years if it is established that you transported GHB across two or more state boundaries through California. The judge can also order you to pay a fine of up to $20,000.

The following can be aggravating factors under 11352:

  • Trafficking GHB near a drug treatment facility or rehabilitation center
  • Selling or transporting a large amount of GHB
  • If you have a previous conviction for a drug-related crime or a violent felony
  • Selling GHB to a pregnant woman or a child

A conviction for selling or transporting GHB can attract serious immigration consequences apart from a jail term and fines. If you are a non-citizen, you could be declared inadmissible or deported if the judge convicts you under HSC 11352.

Being Under the Influence of GHB - Health and Safety Code 11550

The Prosecutor can charge you under HSC 11550 if you were accused of being under the influence of GHB without a valid prescription. However, if the prosecutor accuses you of violating HSC 11550, he/she must prove these elements:

  • You deliberately used GHB
  • You were under the influence of GHB

This type of charge rarely goes to trial anymore. Diversion, whether informal or formal is how these charges are typically resolved.  This crime could result in a maximum one-year sentence in a county jail. The judge can also order you to enroll in a drug diversion program based on the facts of your charges.

Driving Under the Influence of GHB - Vehicle Code 23152(f)

It is an offense under Vehicle Code section 23152(f) to drive under the influence of GHB drugs. This is a DUI that can carry more serious consequences than a DUI involving only alcohol in California. The police will arrest you under this vehicle code statute if you are pulled over for a traffic offense, involved in a collision or detained at a DUI checkpoint if they have probable cause to believe you were driving under the influence of this drug or any drug. If you show behaviors typical of drug use, you will be ordered to undergo a drug test (blood test). The test will be performed to determine the kind and quantity of drugs you have consumed.

A first-time offense of driving under the influence of GHB is often charged as a misdemeanor. This offense can result in a maximum six-month sentence in a county jail. The judge can also impose a fine of up to $1000. You can also be granted misdemeanor probation instead of incarceration. A conviction will trigger consequences with the DMV and you may face a license suspension.

The court can also order you to enroll in a DUI school for up to three months. Your driver’s license can also be suspended for six months. You can face felony charges if it is proven that you have multiple past convictions for DUI or if another person was injured as a result of your driving.

Rape With Intoxication - Penal Code 261(a)(3)

According to California law, drunk sex is not always considered consensual. You could be guilty of rape if you have sex with someone who is intoxicated with GHB. GHB could affect the ability of the victim to resist your advances or to consent to sex. Violation of PC 261(a)(3) falls under the wider category of "date rape." Date rape is a sexual assault that is committed during social or dating situations. Rape with intoxication is referred to as "date rape" because it involves individuals who are familiar to each other and where intoxicants are involved. Usually, there is no distinction between date rape and other types of rape. The consequences are the same regardless of the circumstances or the relationship between you and the victim. Violation of PC 261(a)(3) can attract the following penalties:

  • Mandatory DNA submission
  • A ‘’strike’’ penalty according to California’s three strikes law
  • Sex offender registration for life
  • Incarceration of three, six, or eight years in a state prison. You will only be eligible for parole after serving at least 50% of your jail term. If a “date rape drug” like GHB is used or if force is used, you may only be eligible for 15 percent credit on your sentence.

Your sentence can be enhanced if there are several victims or if you have prior convictions. If your offense counts as a third ‘’strike," you can face incarceration of 25 years to life.

Defenses You Can Present Against GHB Charges

You could face severe and life-changing consequences for a conviction of manufacturing, possessing, distributing, and selling GHB. With the help of an experienced criminal attorney, you may be able to present the following defenses:

Lack Of Knowledge

You can only face charges for possessing GHB or possessing GHB for sale if you were aware that the GHB existed. Sometimes, a person was not aware that he or she possessed GHB. Someone can put GHB in your house or car without your knowledge, only for the police to discover the substance. You might not have been aware that the substance you possessed was a controlled substance. The judge can dismiss your case if your attorney convinces the Court that you had no knowledge of the nature of the substance. A jury could acquit a defendant of the charge if the prosecution fails to prove the defendant knew the substance was there or the character of it.

No Evidence

After an arrest for being under the influence of GHB, or driving while under its influence, you could be ordered to undergo a blood test to establish whether or not you had GHB or any other drug in your blood as well as the quantity of GHB or other drug you have consumed. Law enforcement must have probable cause to believe you were operating a vehicle under the influence. Your attorney can contest blood test results if the procedure was not conducted using “generally accepted medical practices”.  Experts can testify for the defense at trial that the defendant was not impaired or the blood sample was not properly handled and stored.

You Are a Victim of an Unlawful Search and Seizure

Law enforcement is often quick to investigate drug crimes, especially when they receive information about drug possession. Except in unusual situations, Officers can not storm your residence without a warrant to look for evidence. According to the law, the police should respect a person's rights even if the person is suspected of possessing GHB. The Fourth Amendment protects people against illegal search and seizure. Your attorney can file a motion under Penal Code section 1538.5 if officers obtained evidence from an unconstitutional search. If granted, the evidence found as a result of that search is now “tainted” and inadmissible. If the prosecution has no admissible evidence to present, then they would have no choice but drop the case or a judge would dismiss the case.      

Find A Criminal Defense Attorney Near Me

Gamma-hydroxybutyric acid, or GHB, is mainly known as sodium oxybate in its pharmaceutical form. The drug offers relief to people affected by sleep disorders. Due to its euphoric and calming effects, GHB is a popular party drug among youth, mainly used in nightclubs. It is also a common date rape drug because it elevates libido and makes a user have amnesia. Since it is in liquid form and odorless, it can be added to drinks. Possession of GHB for personal use or sale, selling the drug, being under the influence, or driving under the influence of GHB can attract criminal charges.

If you face charges for a GHB offense, or any drug related offense, contacting an experienced criminal lawyer is important and could change the ultimate outcome of your case. For a free consultation on your criminal or DUI case in Pasadena, CA, or the surrounding Los Angeles area, contact attorney Ann Gottesman at 626-710-4021. She is a compassionate and dedicated attorney who has been practicing criminal and DUI defense for 20 years!