GHB is prescribed to help with individuals with sleeping disorders. But it also is used for illegal purposes.  For example, possessing GHB for personal use is illegal in California. Any time a person has the drug without a valid prescription, it’s considered a Schedule III controlled substance. In the State of California, it’s also a crime to be under the influence of GHB with a valid prescription.

What Does Being Under the Influence of GHB Mean in California Law?

An individual is considered “under the influence” of GHB when the substance is found in the defendant’s body. In addition, the prosecution must also show the defendant:

  • Did not have a valid prescription or
  • Used the drug beyond the scope of their prescription. 

I Can Be Charged with Being Under the Influence of GHB and Have a Valid Prescription?

Yes. If you are more than the prescribed amount of GHB but have a valid prescription, you can be found guilty of being under the influence of GHB.

What is the Punishment for Being Under the Influence of This Drug?

In California, being under the influence of GHB is a misdemeanor and is punishable by up to 1 year in jail. It is also possible to receive an alternative sentence, such as drug diversion, instead of time in jail.

What are the Possible Defenses I Can Use to Fight This Criminal Charge?

Some possible defenses include: 

  • Having a valid prescription
  • Using the drug within the scope of the valid prescription
  • Not knowing that the GHB was in the defendant’s possession 

Should I Contact a Lawyer about This Charge?

Yes. Contact a California lawyer regarding your under the influence of GHB charge.