Ketamine is a famous street drug veterinarians primarily use as an analgesic pain reliever. Its popularity began in the 1970s due to its impact, which included dissociation and hallucinations. Despite being classified as a Schedule III controlled substance under the federal Controlled Substances Act, some people prefer it to other controlled substances because its hallucinogenic effects are generally brief. However, the drug is also linked to other dangerous side effects like immobility, inability to experience pain, sedation, losing control over one's environment, and detachment.

California has strict laws prohibiting the possession, use, sale, and transportation of ketamine as a regulated substance. Crimes involving ketamine carry severe penalties under the law, including time in jail or prison and a hefty fine. If you face charges for a ketamine-related drug crime today, you should consult a skilled criminal attorney for legal advice, guidance, and representation.

Ketamine-Related Offenses Under California Laws

Ketamine is primarily stolen from legal sources, like veterinary clinics, by those who sell, distribute, or use it. The drug is illegally brought into the United States. Its sellers and distributors target their closest acquaintances, family, and friends to avoid arrests and prosecution.

Ketamine exists in liquid and powder forms. It goes by several names on the street, including Super K, Super Acid, Purple, Kit Kat, Vitamin K, and simply K. Some users snort the powdered drug while smoking joints or cigarettes, while others snort it like cocaine. You can consume the liquid substance orally with other drinks or inject it into the bloodstream.

Ketamine's effects can occur when used alone or with other controlled substances like meth and cocaine. When used together with some prescribed medications, it is a dangerous drug. Most criminals use it to facilitate sexual assaults like date rape because its main side effects are dissociation and amnesia.

Remember that under the federal Controlled Substances Act, ketamine is classified under Schedule III. Although Schedule III drugs have a lower potential for abuse when compared to Schedule I or II drugs, they can lead to psychological and physical addiction. As a result, if you are guilty of any crime involving ketamine, you can expect a harsh penalty. However, Prop 47, a law that reduces charges for simple possession of drugs like ketamine in small amounts or for personal use from a felony to a misdemeanor, was recently approved. However, the new law does not change the severity of criminal charges for other ketamine-related offenses like sale, distribution, and transportation.

Here are some ketamine-related offenses for which you could face charges under California law:

Ketamine Possession

Unlawful possession of a regulated substance is a crime under Health and Safety Code 11350. The Controlled Substances Act of the United States states that a regulated substance can be either legal or illegal prescription drugs.

Only a written prescription from a dentist, physician, veterinarian, or podiatrist is an exception to this law. Because ketamine is a controlled drug under federal and state law, possessing it could result in criminal charges under this statute.

However, for the judge to find you guilty, the prosecutor must prove all elements of the crime beyond a reasonable doubt. These are the elements:

  • That you were in possession of ketamine.
  • You were aware or should have been reasonably known of the drug's presence on your person or property.
  • You were aware that the drug you were in possession of was illegal.
  • The ketamine in your possession was in usable quantities.

Simple possession is prosecuted as a misdemeanor. A simple possession conviction will almost certainly result in the following punishment:

  • Misdemeanor probation, or
  • Twelve months in jail.
  • Court fine of up to $1,000.

If the judge sentences you to probation rather than jail, you will serve your entire sentence without incarceration. However, the court will keep a close eye on your progress. If you violate your probation, the judge can revoke it and send you to jail for the entire term specified by law.

If you have a previous conviction in your record for a severe felony under Penal Code 667 or a crime requiring you to register as a sex offender as required under PC 290, sentence reduction under Proposition 47 will not apply to your case. In that case, you will almost certainly face a harsher penalty for simple ketamine possession.

Fortunately, simple possession charges can be fought in court to avoid the negative consequences of a criminal conviction. A skilled criminal defense attorney can use the following defense strategies to have the court dismiss or reduce your charges:

You Have a Legal Prescription

You will not face criminal charges for illegally possessing a controlled drug if you have a legal prescription for the drugs in your possession. Your attorney can use the prescription as evidence in court. However, the prescription must be from a licensed medical practitioner or veterinarian.

You Were Unaware of the Drug in Your Possession

Remember that knowledge of the drug's presence on your person or in your vehicle is one of the elements of this offense. If you were unaware that you were carrying or keeping drugs, you are not guilty. For example, the police could have discovered the drugs in a friend's backpack that you were carrying. Or, someone else could have placed the drugs in your car or house.

You Were Unaware of the Nature of the Drug

For the judge to convict you, the law requires you to know the nature of the drugs in your possession as controlled substances. You are not guilty if you were only keeping drugs but were unaware of their exact nature.

Your Arrest was Unlawful

If the police did not follow the established procedure when arresting or investigating the crime, you could cite an illegal arrest. For example, if the arresting officer failed to read your Miranda rights prior to taking your statement, they will have violated your rights. In that case, the information the officer gathered will be inadmissible in court.

Sale, Transportation, Furnishing, Giving Away, Administering, or Importing Ketamine

HS 11352 prohibits the sale and transport of controlled substances. The law makes it illegal to sell, transport, import, administer, or furnish a regulated substance. If you face charges under this law, the prosecutor must prove these elements beyond a reasonable doubt for the judge to convict you:

  • You sold, transported, imported, furnished, administered, or distributed ketamine.
  • You were aware or should have known that you were in possession of the drug.
  • You were aware of the drug's status as a regulated substance.
  • It was ketamine that you were selling, transporting, furnishing, giving away, administering, or importing.
  • The drug was available in usable quantities.

The sale of a controlled drug occurs when you exchange the drug for something valuable, like money, goods, or services.

When you apply a drug to someone's body, you are administering it. In this case, you could inject ketamine, give it to someone else in a drink, put it in their joint or cigarette, or lay it out for snorting.

When you move a regulated substance from one place to another, you are transporting it. In this case, even a minimal distance applies. Transporting a drug does not always imply that you plan to give or sell it. It makes no difference how you transport the substance. You could carry it while walking, riding a bike, or driving a car.

HS 11352 is a felony. If you are guilty, you will most likely face the following penalties:

  • Three, for, or five years in county jail under the state's realignment program, or three, six, or nine years in jail if you transported the drug for sale across two or more counties.
  • Felony probation.
  • Court fines of up to $20,000.

Defending Yourself

Fortunately, you have the right to defend yourself, regardless of how severe the penalties under this statute are. You can do so with the assistance of a tenacious criminal defense attorney. Some of the strategies your attorney can employ to persuade the court to reduce or dismiss your charges are as follows:

  1. You Did Not Transport, Sell, Administer, or Give Away Ketamine

The prosecutor will need sufficient evidence to show in court that you sold, furnished, gave away, transported, or imported ketamine. The court will dismiss your charges if they do not have enough evidence. Your attorney, on the other hand, can argue that you did not commit the alleged offense. To obtain a guilty verdict, the prosecution must prove your actions beyond a reasonable doubt.

  1. You Did Not Have Control or Access To the Drug

If you were in possession of ketamine, you could face charges under this statute. Possession implies that you have control over the drug. If not, you were not guilty if the substance was sold, furnished, given away, imported, or transported by someone else.

  1. You Were Unaware of the Drug's Presence or Nature

If you were unaware of the drug's presence on your person or vehicle, your attorney could use this defense strategy. It is possible that the drugs were planted by someone else, and you were innocently driving, riding, or walking with them when the police arrested you.

You could also claim that you were unaware of the drug's status as a regulated substance if someone else asked or forced you to transport, sell, give away, import, or furnish it.

  1. The Search and Seizure By Police Was Illegal

Law enforcement must adhere to strict guidelines when searching for and seizing evidence during criminal investigations. They must have a valid search warrant or the owner's permission. Any evidence gathered if the police searched your person or property without a warrant is inadmissible in court.

Offering to Transport, Sell, Furnish, Import, Administer, or Give Away ketamine

If you face charges for offering to transport, sell, furnish, administer, or give away ketamine, the prosecutor must prove these elements beyond a reasonable doubt for the jury to find you guilty:

  • That you agreed to sell, transport, import, furnish, administer, or distribute ketamine.
  • When you agreed or offered the service, you intended to carry out the offered or agreed-upon act.
  • You intended to sell, transport, furnish, import, administer, or distribute ketamine or a similar drug with the same chemical composition or effect as ketamine.
  • You were or should have been aware that the substance you offered or agreed to sell, transport, furnish, import, administer, or distribute was ketamine, a regulated substance.

A conviction under this law is a felony offense punishable by prison time for three to five years.

Defending Yourself

With the assistance of an experienced criminal defense attorney, you can mount a strong defense against your charges and avoid a conviction under this statute. Your attorney can employ some of the most effective defense strategies to help you win your case, including:

  1. You Did Not Offer or Agree To the Act

Your attorney can use this defense strategy to persuade the judge to dismiss your charges. They can show that even if you were asked to sell, import, administer, give away, or furnish ketamine, you did not comply.

  1. You Did Not Intend to Carry out the Offer

If you face charges for offering or agreeing to sell or administer ketamine, the prosecutor must establish beyond a reasonable doubt that you plan to sell or administer the drug. The jury will not find you guilty if they cannot prove your intent.

  1. You Did Not Have Access to ketamine

If you do not have access to the substance, the judge will dismiss your charges. You could not have sold, administered, furnished, given away, transported, or imported a substance to which you did not have access.

  1. The Police Violated Your Rights

Your attorney can use police misconduct to have evidence obtained during the investigation thrown out of court. If the police did any of the following, they could have violated your rights:

  • After your arrest, the officer did not read your Miranda rights.
  • They did not grant your right to an attorney.
  • They illegally searched and seized your person and property

Selling, Administering, Giving or Furnishing ketamine to a Child

Ketamine is a prevalent street drug at parties, clubs, and raves. As a result, you can face criminal charges if you sell, administer, give, or furnish the substance to a minor. Keep in mind that the law is highly protective of children. As a result, your penalties after conviction will almost certainly be harsher than if you committed the same act against an adult.

To obtain a guilty verdict in your case, the prosecutor must prove the following facts beyond the shadow of a doubt:

  • You willfully sold, administered, gave, or furnished ketamine to someone under 18.
  • You were fully aware of the drug’s presence.
  • You were aware of its status as a regulated substance.
  • You were an adult at the time of the offense
  • The substance in question was, in fact, ketamine.
  • It was in usable quantities.

If you sell, administer, give, or furnish ketamine to a child, you will face a straight felony charge, punishable by six to nine years in prison.

However, with the assistance of a skilled criminal attorney, you can fight your charges using some of the best defense strategies, like:

You Did Not Administer, Sell, Give, or Furnish ketamine

If you successfully defend the underlying charge, you will not face the harsh penalty of committing a crime against a child. Your attorney can present evidence that you were not involved in the drug's sale, administration, distribution, or furnishing.

You Were Unaware of the Drug’s Presence

If you were unaware of the drug’s presence in what you were selling, administering, or giving to the minor, you could use this strategy to fight your charges. For example, someone else could have put the substance in a drink you were about to sell or give to the victim.

You Were Unaware of the Nature of the Substance as a Controlled Drug

If you were forced to sell, give, furnish, or administer the substance to a child by someone else, you could have been unaware of its status as an illegal substance. You will not be guilty under this statute in that case.

Find a Skilled Los Angeles Criminal Defense Attorney Near Me

If you face charges for a ketamine-related drug offense in Los Angeles, the penalties could be severe if the judge finds you guilty. However, you can fight your charges in court to avoid a conviction and the severe consequences that come with it. Prior planning goes a long way toward achieving a favorable outcome in a criminal case.

Thus, you must retain the services of an experienced criminal defense attorney from the start of the legal process. Your attorney will guide you through the complicated legal process, protect your rights, and employ the best defense strategies to fight your charges. They will also provide physical and emotional support during the most challenging time of your life.

We have a dedicated team of highly skilled and experienced criminal attorneys at Los Angeles Criminal Attorney. Our team is eager to assist you until the conclusion of your case. To learn more about our services, call us at 424-333-0943.