Gamma-hydroxybutyrate is a powerful drug that affects the central nervous system. Unfortunately, GHB is often misused recreationally or to commit crimes. Its ability to sedate and incapacitate people has earned it the nickname “date rape drug.” Some people use the drug to commit sexual assault and other crimes.

In California, GHB is a controlled substance. Possession, sale, distribution, or use of it can result in an arrest and severe criminal penalties. Even possession of small amounts can result in misdemeanor or felony charges. A conviction for a GHB crime can land you behind bars and leave a permanent criminal record.

The consequences for your crime can increase if you use the drug near schools or if you sell to minors. If you face a GHB-related charge, you should contact a qualified criminal defense attorney. Your lawyer will guide you towards protecting your constitutional rights and building a solid defense against the charges.

California crimes involving GHB include:

Possession of GHB in California

In California, GHB is generally listed as a Schedule I controlled substance under Health and Safety Code § 11054(d)(1). Schedule I drugs have a high potential for abuse and no accepted medical use. Simple possession of GHB is generally charged under this. Health and Safety Code § 11350. To convict you of possessing GHB, the prosecutor must prove the following elements:

  • You knew of the substance’s presence. You cannot be charged for possession of something you did not know existed.
  • You possessed GHB. Under California law, possession can be actual or constructive. Actual possession means that the substance was in your pocket, bag, or car. Constructive possession, on the other hand, means that you controlled the substance.
  • You knew it was a controlled substance. You must have known that the substance you possessed was controlled under California law. You do not need to know the exact chemical name. But you must have known it was unlawful to possess it.
  • The substance was GHB. The material must actually test as GHB or a mixture containing GHB for you to be charged under this statute.

Simple possession of GHB is a misdemeanor. A conviction for the offense may result in:

  • Up to one year in county jail
  • A fine of up to $1,000
  • Misdemeanor probation

If there is evidence you intended to sell the drug, the charge can become a felony under California law. Felony penalties for this offense may include:

  • Two to four years in state prison
  • Up to $20,000 in fines
  • Formal probation

Sale of GHB in California

The sale of GHB in California is a serious felony under California Health and Safety Code § 11379. This statute makes it illegal to:

  • Sell GHB
  • Furnish or give it away
  • Transport it with the intent to sell
  • Offer or attempt to sell it

You do not need to exchange money with another person for you to face a conviction for the sale of GHB. Even giving the substance to another person for free can qualify as illegal distribution. An offer to sell can also be enough if there is the intent and ability to complete the sale. To secure a conviction for this offense, the prosecutor must prove the following elements:

  • You sold, furnished, administered, transported for sale, or offered to sell GHB.
  • You knew of the drug’s presence.
  • You knew that you possessed a controlled substance.
  • The substance was, in fact, GHB.

Knowledge is an essential factor when you face charges for selling GHB. You cannot be convicted if you did not know the substance was present or if you did not know it was an illegal drug. The sale of GHB is a felony in California. The penalties you could face after the conviction include:

  • 2, 3, or 4 years in state prison
  • Formal probation

You may face harsher penalties for the offense of selling or attempting to sell large quantities of the substance. Also, having a prior drug crime conviction on your record can aggravate your charge and increase the sentence. If you face charges for this offense, you should speak with a qualified California criminal defense attorney immediately.

Manufacturing GHB in California

California Health and Safety Code § 11379.6 makes it illegal to manufacture, compound, convert, or prepare a controlled substance. You could be arrested and charged under this statute if you manufacture GHB. Manufacturing does not only mean running a large drug lab. It may include:

  • Mixing chemical ingredients to create GHB
  • Converting precursor chemicals into GHB
  • Preparing or processing the substance in any form

Even small-scale production at home can qualify as manufacturing. The amount produced does not need to be large. The act of making the drug is enough to secure a conviction. Before you are convicted of manufacturing GHB, the prosecutor must prove these elements beyond a reasonable doubt:

  • You manufactured, produced, or prepared GHB.
  • You knew of the substance’s presence.
  • You knew the substance was a controlled substance.

The prosecutor does not have to prove that you sold the drug. The crime focuses on the act of making it. When you face charges for manufacturing GHB, your knowledge is a key element. The prosecution must assert that you knew of the presence of GHB and its nature as a controlled substance in California.

Manufacturing GHB is a felony. A conviction for the offense will result in the following penalties:

  • 3, 5, or 7 years in state prison
  • A fine of up to $50,000
  • Felony probation

You may face additional penalties for the offense if the following aggravating factors exist in your case:

  • Minors were present during manufacturing. California law is strict on defendants who expose minors to criminal or dangerous activities. Therefore, you could face harsher penalties if you manufacture GHB in the presence of a minor.
  • You manufactured large quantities of the substance. Manufacturing of large amounts of GHB can result in enhanced penalties.
  • Prior convictions. Due to California's strict stance on repeat offenders, a prior conviction for manufacturing GHB or another drug crime could lead to increased penalties.

Drug-Facilitated Sexual Assault Involving GHB

Drug-facilitated sexual assault is one of the most serious crimes connected to GHB in California. GHB is known for its sedating effects. It can cause drowsiness, confusion, memory loss, and loss of consciousness. Because it is colorless and odorless, a person can add it to drinks without detection.

In California, sexual assault involving drugs is prosecuted under California Penal Code § 261. The law makes it illegal to have sexual intercourse with someone who cannot consent due to intoxication. To convict you of drug-facilitated sexual assault, the prosecution must prove:

  • You engaged in sexual intercourse or a sexual act with the victim
  • The victim could not resist due to intoxication or a controlled substance
  • You knew or reasonably should have known the victim was incapacitated

If you personally administered the drug, you could face more serious charges. Lack of consent is central to the case. A person who is unconscious or severely impaired cannot legally consent to a sexual act. Drug-facilitated sexual assault is a felony punishable by:

  • 3, 6, or 8 years in state prison. If the victim suffered great bodily injury, you could face a longer prison sentence.
  • Mandatory registration as a sex offender. Sex offender registration involves registering your name and details with law enforcement and updating them every time you move. The sex offender registry is a public record in California. For this reason, you could face social stigma and other lasting consequences.

Driving Under the Influence of GHB in California

Driving under the influence of GHB is a serious criminal offense in California. Even though most people think of alcohol DUIs, the law also applies to other controlled substances. This includes illegal drugs and certain prescription medications. Driving under the influence of GHB is charged under California Vehicle Code § 23152(f). A person is considered under the influence if the drug impairs their mental or physical abilities. To convict you of DUI involving GHB, the prosecution must prove the following:

  • You drove a motor vehicle. Actual driving means that you were in control of the moving vehicle. Sitting in the driver's seat of a parked car does not constitute driving under California law.
  • At the time of driving, you were under the influence of GHB. The prosecution must prove that you were under the influence of GHB when you operated the vehicle.

There is no specific legal limit for GHB like there is for alcohol. The case relies on the following evidence:

  • Officer observations
  • Field sobriety tests
  • Blood or urine tests

A first DUI conviction involving GHB is a misdemeanor punishable by:

  • 3 to 5 years of informal probation.
  • Fines and penalty assessments that can exceed $1,500.
  • A 6-month driver’s license suspension
  • Completion of a DUI education program
  • Up to 6 months in county jail

The penalties for this offense increase for repeat offenses. A second DUI can result in longer license suspension and mandatory jail time. If the DUI causes injury, you may face charges under Vehicle Code § 23153, which carries harsher felony penalties.

Possession with Intent to Distribute GHB in California

California Health and Safety Code § 11379 makes it illegal to possess certain controlled substances for sale. GHB is included under this law. The focus in this case is not just on having the drug but also on the intention to distribute it. The prosecution does not need to prove that a sale actually happened. Intent alone is enough. To secure a conviction for possession of GHB with the intent to sell, the prosecution must prove the following elements:

  • You possessed GHB.
  • You knew of its presence.
  • You knew of its nature as a controlled substance
  • You intended to sell or distribute the substance

The prosecution can prove your intent to distribute through circumstantial evidence. This may include:

  • Large quantities of GHB
  • Presence of packaging materials
  • Large amounts of cash

Possession with intent to distribute GHB is a felony. The penalties for this offense may include 2, 3, or 4 years in state prison. Courts may also impose substantial fines and formal probation.

Collateral Consequences of a Conviction for Crimes Involving GHB

The consequences of a conviction for a crime involving GHB go beyond incarceration and fines. After a conviction, you will have a permanent criminal record that can cause the following lasting consequences:

Employment Challenges

Most employers perform background checks on potential employees before hiring. A criminal conviction can reflect negatively on you. Some careers are off-limits after a drug conviction. These include jobs in healthcare, education, law enforcement, and childcare. Businesses may also be hesitant to hire someone with a felony conviction. These consequences can ruin your employment prospects and sometimes cost you the job you already have.

Loss of Professional Licenses

Professionals such as nurses, doctors, and pharmacists require licenses to practice. The licensing boards closely monitor the conduct of these professionals. When your conviction for a GHB-related crime is reported to the board, you could lose your license through a suspension or revocation.

Driver’s License Issues

Convictions involving driving under the influence of GHB or drug distribution near schools can lead to license suspension. Driving restrictions can affect your work, school, and daily responsibilities.

Difficulty Finding Housing

Sometimes, landlords perform background checks on potential tenants. Many landlords refuse to rent to individuals with felony convictions.

Immigration Consequences

If you are a non-citizen, a conviction for a GHB-related crime can affect your immigration status. After learning of the conviction for some GHB-related offenses, ICE can deport you or render you inadmissible to the United States.

Find a Competent Drug-Crime Defense Lawyer Near Me

GHB is a dangerous and highly addictive drug. In addition to abusing it, some people use GHB to commit other crimes like sexual assault. For this reason, GHB is a controlled substance in California. You could face an arrest for a wide range of conduct, including possession, sale, manufacturing, and driving under the influence of GHB.

These offenses may result in felony or misdemeanor charges, depending on the circumstances. A conviction for a crime related to GHB can attract severe legal and collateral consequences. In addition to spending time behind bars and paying hefty fines, you may be left with a criminal record that can impact your career and personal life. If you or a loved one faces charges for a GHB-related crime, you will need legal insight.

At the Law Office of Sara L. Caplan, we offer top-notch legal guidance to clients facing drug crime charges in Los Angeles, CA. Call us at 310-550-5877 to discuss your case.