Ketamine is a popular street drug that veterinarians use as an analgesic pain reliever. It gained popularity in the 1970s because of its effects, which include hallucinations and dissociation. Some people prefer ketamine to other controlled substances because its hallucinogenic effects are short-lived. However, the Federal Controlled Substances Act classifies ketamine as a Schedule III controlled substance.
Ketamine is also associated with other harmful side effects like detachment, losing control over one's environment, sedation, the inability to experience pain, and immobility. It is a serious crime under California law to possess, use, transport, or sell ketamine as a controlled substance. Offenses involving ketamine attract severe punishment under California law, including hefty fines or jail terms. You should hire a skilled criminal defense attorney if you face charges for ketamine-related drug offenses.
Distribution of Ketamine
Ketamine is often stolen or diverted from legal sources like veterinary clinics, and it is also smuggled into the U.S. from Mexico. Friends, acquaintances, and parties at clubs are the main methods of street distribution. However, in recent years, recreational and private use of ketamine has become more prevalent.
It is usually in liquid or powder form. The liquid can be ingested orally with drinks or injected through the skin. Liquid ketamine can also be evaporated to form crystals through heating. This can be done on a hot plate or in the microwave. The crystals are then crushed into powder for smoking or snorting. Ketamine powder can also be added to joints or cigarettes and snorted or smoked like cocaine.
The drug can be used alone or combined with other substances like meth and cocaine. In most cases, people do not realize that the street drugs they use contain ketamine. Ketamine can be harmful to your health, especially if it is mixed with prescribed medications. The controlled substance is often used in drug-facilitated sexual assaults, like rape, because its side effects include dissociation and amnesia.
Ketamine For Recreational Use
Dissociation and hallucinations are some of the effects of ketamine. Ketamine is a popular club drug because its hallucination effect only lasts for a short period, usually up to one hour. The effects of other hallucinogens, like psilocybin and LSD, last longer.
Medical Use of Ketamine
In 1962, Parke-Davis developed ketamine for use as an analgesic painkiller during medical procedures. In 1970, the FDA approved ketamine, and it was used to treat soldiers during the Vietnam War. However, most physicians no longer prescribe ketamine since then due to its adverse side effects.
In recent years, scientists have started researching ketamine for use as an antidepressant. A ketamine injection reduces severe depression quickly. Traditional antidepressants like Prozac can start working one month after starting treatment. Ketamine injection has been tested for possible use to reduce acute depression where conventional medications do not work.
It is also used during emergencies like suicidal depression when a patient requires quick relief. Physicians are hesitant to prescribe ketamine because of its side effects. However, researchers are working hard to synthesize or find a drug with the benefits of ketamine and without harmful side effects like flashbacks and hallucinations.
The Common Street Names For Ketamine
The following are the common street names for ketamine:
- Vitamin K.
- Super k.
- Super acid.
- Special La Coke.
- Special k.
- Purple.
- Kit kat.
- K.
- Jet k.
- Jet.
- Cat valium.
- Cat tranquilizer.
Statutes Related To Ketamine
In 1999, ketamine was categorized as a Schedule III non-narcotic according to the Uniform Controlled Substances Act. Unlike Schedule I and II drugs, Schedule III drugs have less potential for abuse. However, Schedule III drugs could lead to mild psychological or physical addiction.
Recently, voters in California passed Prop 47, which lowers the charge of possession of ketamine for personal use to a misdemeanor. Unfortunately, Prop. 47 does not lower the charges for distributing, selling, or transporting the drug.
Typically, the following are offenses related to ketamine for which you could face charges under California law:
Ketamine Possession
Under HSC 11350, illegally possessing a controlled substance is an offense. According to the Controlled Substances Act of the United States, a controlled substance could be a lawful or unlawful prescription drug. Only a written prescription from a physician, podiatrist, veterinarian, or dentist is an exception to this statute. You could face criminal charges under HSC 11350 for possessing ketamine because it is a controlled drug under federal and state law.
If the prosecutor accuses you of violating HSC 11350, the prosecutor must prove the following elements:
- You possessed ketamine.
- You knew that the substance you were in possession of was unlawful. The law does not require you to have known that the drug you possessed was ketamine.
- You knew or should have been reasonably aware of the drug's presence on your person or property.
- The ketamine you possessed was in a usable amount.
A violation of HSC 11350 is usually charged as a misdemeanor. A misdemeanor charge could attract the following penalties:
- A fine that does not exceed $1000.
- A jail term that does not exceed one year in a county jail.
- Misdemeanor probation.
If the judge recommends probation, you will serve your sentence with no incarceration. However, the court will monitor your progress to ensure that you comply with all the probation conditions. If you violate any condition attached to the probation, the judge could revoke your probation and send you to jail for the entire term.
Sentence reduction under Prop. 47 will not apply to your case if you have a prior conviction for a severe felony under PC 667. You will also not qualify for a sentence reduction if you have a previous conviction of an offense requiring registration as a sex offender under PC 290. In this case, you could face severe penalties for simple possession of ketamine.
You can fight simple possession charges in court to avoid the negative repercussions of a criminal conviction. Some of the defenses you can present include:
Your Arrest Was Illegal
You could cite an illegal arrest if the law enforcement officers fail to follow the right procedures or adhere to the law when arresting you. For example, the police could violate your rights if they fail to read your Miranda rights before obtaining your statement. In this case, the evidence the officer gathered could be inadmissible in court.
You Had No Knowledge of The Nature of The Substance
The law requires you to know the characteristics of the drugs in your possession. You must know that what you possess is a controlled substance for you to face charges. You cannot face charges if you only possessed the controlled substance but had no knowledge of its actual nature.
You Had No Knowledge That The Substance Was In Your Possession
One of the elements of this crime is the knowledge of the drug's presence on your person, in your vehicle, or in another place over which you have control. You cannot face charges if you were unaware that you were in possession of the drug. For example, the arresting officer could have found the controlled substance in a friend’s backpack in your vehicle. Another person could also have put the substances in your house.
You Have A Legal Prescription
If you have a legal prescription for the drugs in your possession, you will not face charges for illegally possessing a regulated drug. You could present the prescription as evidence in court. However, you should secure the prescription from a licensed veterinarian or medical practitioner.
Sale, Transportation, Importing, Administering, Giving Away, or Furnishing Ketamine
It is a crime under HSC 11352 to sell, transport, import, administer, give away, or furnish a controlled substance. If the prosecutor accuses you of violating this law, he/she must prove the following elements:
- You possessed ketamine.
- You had the knowledge, or should have been aware, that you were in possession of the substance.
- You had knowledge of the substance’s status as a controlled substance.
- The substance was available in usable amounts.
- You sold, transported, imported, administered, gave away, or furnished the ketamine.
The sale of a controlled substance happens when you exchange the substance for something valuable, like goods, services, or money.
You can administer the drug when you apply it to another person's body. In this case, you could lay it out for snorting, put it in a cigarette or joint, give it to another person in a drink, or inject the ketamine.
You can transport ketamine if you move it from one place to another. Moving the controlled substance for any distance, even a short distance, can qualify as transporting the drug. Transporting a substance does not always mean that you plan to sell or give it away. How you transport the substance does not make any difference. You could transport it while driving, riding a bike, or walking.
A violation of HSC 11352 is always charged as a felony. A felony charge could attract the following penalties:
- A fine that does not exceed $20,000.
- Felony probation.
- A jail term of up to three, four, or five years in a county jail, according to the state's realignment program. You could also face a jail term of up to three, six, or nine years if you transported the substance for sale across two or more counties.
Some of the defenses you could raise against HSC 11352 charges could include the following:
You Are A Victim of Unlawful Search And Seizure
The police must comply with strict rules when searching for controlled substances or seizing evidence during an investigation. They must have your permission or a legal search warrant. If the police searched your person or property without a warrant, the evidence gathered could be inadmissible in court.
You Had No Knowledge of The Substance’s Presence or Nature
Your attorney could use this defense strategy if you were unaware of the drug's presence on your person or vehicle. Another person could have planted the drugs on your person or vehicle, and you were innocently walking, riding, or driving with them when the police arrested you. This defense could also be admissible in court if another person forced you to sell, transport, import, or furnish ketamine.
You Had No Control or Access To The Drug
You could face charges under HSC 11352 if you were in possession of ketamine. Possession means the drug was under your control. You cannot face charges if the drugs were sold, imported, given away, or furnished by another person. You can allege that you did not sell, transport, give away, or administer ketamine
Offering To Sell, Transport, Give Away, Import, Furnish, or Administer Ketamine
It is a crime under HSC 11370 to offer to sell, transport, give away, import, furnish, or administer ketamine. If the prosecutor accuses you of violating HSC 11370, the prosecutor must prove the following elements:
- You accepted to sell, transport, give away, import, furnish, or administer ketamine.
- When you offered or accepted the service, you intended to carry out the agreed-upon or offered act.
- You knew or should have been aware that the drug you accepted or offered to sell, import, distribute, administer, furnish, or transport was ketamine or a controlled substance.
A violation of HSC 11370 is a felony. You could face a jail term of up to three, four, or five years in a state prison.
The defenses you could raise against HSC 11370 charges include:
- You were a victim of police entrapment.
- The law enforcement officers violated your rights.
- You had no access to ketamine.
- You did not accept or offer to sell, transport, furnish, give away, or administer ketamine.
- You did not intend to carry out the offer.
Ketamine Offenses Involving a Child
Ketamine is a substance that is popular among young people. It is distributed mainly at parties, raves, and nightclubs. The prosecutor could easily accuse you of a ketamine offense involving a child. Children are known for using fake IDs for admission to nightclubs. People who throw private parties do not check IDs. Drug offenses involving children attract severe punishments. You should be aware of the possible repercussions.
Selling, Furnishing, Administering, or Giving Ketamine to a Child – HSC 11353, 11380(a)
If the prosecutor accuses you of violating HSC 11353 and 11380(a), the prosecutor must prove the following elements:
- You possessed a controlled substance.
- You were aware of the presence of the controlled substance.
- The drug was ketamine.
- You were aware that ketamine was a regulated substance.
- The drug was in a usable amount.
- You illegally sold, furnished, gave away, or administered ketamine to a child.
- You were 18 years or older when you committed the crime.
The violation of HSC 11353 and 11380(a) is a felony. Felony charges could attract a jail term of three, six, or nine years in a state prison.
You could mount the following defenses against HSC 11353 and 11380(a) charges:
- The police violated your legal rights.
- You were not aware that ketamine was a regulated drug.
- You were not aware of the presence of ketamine.
- You did not sell or furnish ketamine to the child.
Offering To Sell, Administer, Furnish, or Give Ketamine To a Child – HSC 11353, 11380(a)
If the prosecutor accuses you of violating HSC 11353 and 11380(a), the prosecutor must prove the following elements beyond a reasonable doubt:
- You offered to sell, furnish, give away, or administer ketamine to a child.
- When you made the offer, you intended to perform the action you offered to do.
- You were 18 years of age or older at the time you offered.
- The person you made the offer to was below 18 years old during that time.
You could face felony charges if you are guilty of violating HSC 11353 and 11380(a). Felony charges could attract a jail term of three, six, or nine years in a state prison.
Some of the defenses you could present to challenge the charges of offering ketamine to a minor could include:
- The police violated your rights.
- You are a victim of false accusations.
- You do not have access to ketamine.
- You did not intend to perform the act you offered to do.
- You did not offer to sell, administer, furnish, or give away ketamine to a child.
Having A Previous Conviction But Twenty Years Have Passed
If the prosecutor accuses you of possessing ketamine and you have a severe previous conviction, your attorney could convince the judge that your years of law-abiding citizenship are a mitigating factor. Your years of law-abiding citizenship could be considered at sentencing if the judge is convinced that you are not likely to commit subsequent crimes.
Smoking Another Person’s Cigarette But You Did Not Know It Was Had Ketamine
You cannot be guilty of a ketamine crime if you smoke another person's cigarette, but you did not know that the cigarette had ketamine. You need to know that the action you are engaging in is unlawful, and you should not be guilty of this crime. Asking another person for a cigarette is not an offense. Your attorney could do the following to prove that you did not know that you possessed or smoked cigarette-containing ketamine:
- Subpoena any witness.
- Review the facts of your case.
Find A Santa Ana Criminal Defense Attorney Near Me
Offenses involving ketamine can be charged as misdemeanors or felonies depending on the facts of your case and your criminal record. It is best to contact an experienced attorney immediately after you learn that you are under investigation for a ketamine offense. Our experienced attorneys at Darwish Law can evaluate your charges and help you create a defense in Santa Ana. Contact us at 714-887-4810 to speak to one of our attorneys.