Ketamine is often referred to as a club drug. The drug became popular during the 1970s because of its sedating effects on the body. In California, possessing ketamine without a valid prescription is a crime.
What is the Possession of a Controlled Substance Charge?
The charge of possessing a controlled substance is when the defendant has a drug or drug paraphernalia in their possession. The possession can be actual or constructive. Actual possession is when the defendant having the drugs on their person. Constructive possession is when the person doesn’t have it on their person, but it’s in their control.
How Does California Define Possession of Ketamine?
Possession of ketamine involves unlawfully possessing the drug in a useable amount. Unlawful possession is defined as not having the right to have the drug. A useable amount means the ketamine was in an amount that could be consumed for its effect, and not a trace or dusting.
What’s the Penalty Associated with Ketamine Possession in California?
In California, possession of ketamine is a misdemeanor and is punishable by up to 6 months in jail and a fine of up to $1,000. However, the defendant may qualify for a drug diversion program. If the defendant successfully finishes a drug diversion program, then the charge of possession of ketamine may be dismissed.
Are There Any Defenses to Possessing Ketamine In California?
Yes. Controlled substance possession defenses vary depending on the facts of the defendant’s case. They often include illegal search and seizure, lack of knowledge, and lack of constructive possession.