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.
How is Illegal Possession of GHB Defined in California?
In California, personal possession of GHB is defined as having the substance without a valid prescription.
What Does the Prosecution Have to Prove to Convict Me of GHB Possession?
In California, the prosecution must show that the defendant:
- Unlawfully possessed a controlled substance
- Knew about the controlled substance
- Knew the substance was GHB
- The substance was GHB
- There was a useable amount of GHB; not a trace or a dusting of the substance.
What is The Punishment for GHB Possession?
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.
What Are the Possible Defenses to a GHB Possession Charge?
Any possible defense depends on the circumstances surrounding the arrest. However, some common GHB possession defenses include:
- Having a valid prescription
- Police had the mistaken belief that the GHB belonged to the defendant
- Lack of knowledge about the substance
- Possession and/or use was within the scope of the defendant’s valid prescription
- 4th or 5th Amendment violation
Is Possession of GHB The Same as Being Under the Influence of GHB?
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.
Should I Contact a Lawyer to Help Me with My GHB Possession Case?
Yes. Contact a California criminal lawyer regarding your GHB possession case and how to resolve it.