GHB is a prescription medication used to treat serious conditions. But when a person possesses GHB without a prescription, it’s considered to be illegal. It becomes a Scheduled III Controlled Substance.
In California, personal possession of GHB is defined as having the substance without a valid prescription.
In California, the prosecution must show that the defendant:
GHB possession is a wobbler, meaning it can be a misdemeanor or a felony. If you are convicted for a misdemeanor, then you can face up to one year in county jail. If you are convicted for a felony, then you can face 16 months to 3 years in prison.
Any possible defense depends on the circumstances surrounding the arrest. However, some common GHB possession defenses include:
No. Being under the influence of GHB is a separate crime. It means the defendant had too much GHB in their system at the time of arrest.
Yes. Contact a criminal lawyer regarding your GHB possession case and how to resolve it.
Last Modified: 04-04-2017 02:26 AM PDTLaw Library Disclaimer
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