GHB is a narcotic or controlled substance and is regulated under the federal Controlled Substances Act; accordingly, its sale, possession for sale or driving a motor vehicle while under its influence is unlawful under Health and Safety Codes and HSas well as California Vehicle Code a.
Schedule I drugs are those with no medically accepted value or use and have a high potential for abuse and dependence.
Schedule III drugs do have currently accepted medical uses with a low to moderate potential for abuse leading to physical dependence but a high psychological dependence if abused. Abused refers to being used extensively.
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The drug comes in powder, liquid or tablet form and is quickly dissolved. Giardino 98 Cal. GHB has been used to treat clinical depressionanxiety and sleeplessness.
What is GHB?
It has been used as a growth hormone as well in bodybuilders. As noted above, it can be legally prescribed as Xyrem. In this form, it is used to treat narcolepsy, cataplexy and has been prescribed to individuals suffering from extreme daytime fatigue or sleepiness.
Under HS, you are prohibited from possessing a controlled substance without a valid prescription, or if you possess more of the drug than was legally prescribed.
It is also unlawful to use the drug in a manner other than how it Is ghb legal in the us been prescribed.
You can also be charged with violation of HS for possession of a controlled substance 1. This is a more serious charge since the drugs in this section are considered Schedule I and II drugs.
These include heroin, cocaine and hydrocodone. If a misdemeanor under either code section, you face up to one year in county jail. These code sections Is ghb legal in the us prohibit purchasing a controlled substance including GHB with the intent to resell it.
An intent to resell charge may be based on the quantity purchased or other circumstances in a case. For instance, if you are arrested while in possession of GHB and a valid search reveals that you have scales, baggies or a list of customers, or police observe numerous people entering and exiting your house at all hours, then you will likely be charged under either of these statutes for intent to sell.
A violation of either statute is a felony. If convicted under HS, Is ghb legal in the us you face:. Administering the drug means directly giving it to someone who then ingests or inhales it, such as at a club. But if you transported GHB across more than two California counties, the law imposes a sentence of up to 9 years.
You also face an enhanced sentence if you knowingly sold GHB or gave it to a person who fit one of these criteria:.
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It is irrelevant if the drug used was legally prescribed so long as it affected your ability to operate a motor vehicle to an appreciable degree 4. The effects of driving under the influence of a drug differs from that of alcohol. If you appear impaired, the officer can request that you perform certain coordination tests or field sobriety tests FST. FST tests are used in any situation where an officer believes a driver is under the influence of alcohol or drugs.
This involves asking the suspect to look to the side while the Is ghb legal in the us looks for indications of lateral or horizontal jerking movements in the eye.
The validity of this test is often challenged at trial if the prosecutor uses it to justify probable cause to arrest the defendant or as evidence of being under the influence of a drug.
A breath test can detect and measure your blood Is ghb legal in the us concentration level BAC but you need a blood or urine test to detect the presence of a Is ghb legal in the us, which is objective evidence that the drug is at least in your system. However, there is no legal limit regarding the amount of a drug in your system that would be a violation of any law, unlike alcohol where you are driving unlawfully if your BAC is 0.
Your refusal can be used against you at trial as evidence of your impairment and by the court to enhance your sentence if convicted 6. A violation of either or as a misdemeanor or felony, however, makes you eligible for diversion.
Diversion is an alternative to jail or prison and can result in a dismissal of all charges if you complete all conditions imposed and successfully complete a drug counseling or therapy program 7. You are not eligible if you possessed GHB for sale or were selling under Other criteria that you must meet include:. Under PCyou enter a plea of guilty but the judge defers further proceedings for up to 3 years.
You must complete a court-approved drug treatment, not commit any further criminal offenses and pass all drug tests, which may be randomly scheduled. If you are successful, the court will dismiss the charges. Proposition 36 is also a deferred judgment alternative available for those with violent or an otherwise serious felony conviction. You still, however, must not have committed any of the conditions outlined above. Proposition Is ghb legal in the us was designed for defendants with a drug possession charge but who committed a violent or serious felony.
You still plead guilty to the underlying charge and the court will defer further proceedings except that you are under formal probation and any conditions imposed.
Completion of your treatment program along with adherence to all conditions does not guarantee the court will dismiss the charges but it is unlikely you will spend any time in jail or prison. Another program is participation in a California drug court. You still must not have a record of past possession with intent to sell convictions, have no previous felony convictions in the past 5 years and no participation in a diversionary program within this time.
Drug courts are more flexible in the conditions imposed on you, such as requiring drug counseling, seeking or maintaining employment and meeting regularly with your probation officer. If you complete all conditions to the satisfaction of the court, it will dismiss your charges. Having a valid prescription for Xyrem is a defense so long as it is in your name, you do not possess more than what was prescribed and it was used as prescribed.
There are situations where you were unaware of the presence of the drug in your jacket, purse or car because someone had used your car, jacket or purse. In other cases, more than one person may have had access to the area where the drug was found 8. You must also be shown that you were aware that the drug was a controlled substance.
Facts supporting that might be that you were given the substance in a club setting where its use was known or you have a prior conviction for drug possession. Otherwise, the prosecutor might not be able to show that you knew the nature or the drug 9. If you were not caught selling, giving away or transporting GHB, then the DA can attempt to convict you for intent to sell based on the quantity you possessed.
But if no baggies, cash, scales or similar paraphernalia are found with you that are commonly associated with selling controlled substances, then you might convince a court or jury that you only possessed it for personal use.
If so, you may be eligible for a diversionary disposition or at less Is ghb legal in the us sentence and an opportunity to have it expunged. Is ghb legal in the us officer who requests that you be tested, however, must have probable cause to believe you are under the influence. Other indications are acting irrationally or experiencing hallucinations. Absent a drug test, however, symptoms that an officer might attribute to drug use are just as likely to be from fatigue, dehydration or some other illness or condition unrelated to any drug use.
γ-Hydroxybutyric acid (GHB), also known...
Also, no one, unless you are under probation, are a commercial driver or under the age of 21is required to perform any field sobriety test or answer any questions other than producing your license, registration and insurance card. You will have to submit to a blood test, however, in most instances or risk losing your license along with other consequences.
The person who takes a sample of your blood must be a trained technician. The sample must be preserved and properly labeled and the chain of custody followed.
A defense attorney can also obtain documentation to determine if the equipment used was properly maintained and serviced. Any interruption in this process or breach of protocol or guidelines in taking the sample or in preserving it can render it inadmissible.
Law enforcement officers must respect your civil and constitutional rights before searching you or your home, car or place of business. It is not that unusual for an officer to violate the rights of criminal suspects by forcing them to submit to a search or by searching a person suspected of a crime without probable cause to do so.
Planting of evidence does occur as well. If you are stopped Is ghb legal in the us a traffic violation, your car may not be searched unless the officer has probable cause to believe you are carrying controlled substances in your car or has other evidence of a crime, usually by it being in open view If you are Is ghb legal in the us arrested, you can be searched incident to your arrest but only of your person and the immediate area for weapons Your car, home or business may not be searched without a search warrant, unless certain exigent circumstances exist, that is supported by an affidavit properly attested to by a peace officer who can point to certain articulable facts to demonstrate probable cause.
Search warrants limit the extent, place, time and scope of the search. If officers are looking for a drugs, looking through your computer files or your financial documents in your home likely exceeds the scope. You can seek post-conviction relief in most instances if you were convicted under Health and Safety Code and under Penal Code California law allows expungement of a conviction so long you did not serve time in state prison.
You can also seek expungement of your DUID conviction. State prison time disqualifies you from this type of relief so it is vital that your criminal defense attorney negotiate your charge to a misdemeanor before trial.
But if you are convicted of a felony under either HS or HS, you may move the court to reduce it to a misdemeanor under PC 17 b so long as you served no state prison time.
Further, under Proposition 47you can seek to have your felony conviction reduced to a misdemeanor and be resentenced for simple drug possession convictions. Free Eligibility Test Eligibility for Expungement. As indicated herein, if you were convicted under HS and your offense was not dismissed pursuant to a diversionary disposition, or you were convicted of a misdemeanor under Health and Safety Codethen you qualify for an expungement of the conviction.
Request A Free Consultation. If charged as a felony under either statute, you face 16 months, 2 or 3 years in state prison.
If convicted under HS, or you face: If you do sell GHB or are charged with transporting it, giving it away or administering it, you may be charged under Health and Safety Code 3. You also face an enhanced sentence if you knowingly sold GHB or gave Is ghb legal in the us to a person who fit one of these criteria: Pregnant Under treatment for a mental disorder, mental health illness or condition Under treatment for a drug dependency problem Had a previous violent felony conviction.
Other criteria that you must meet include: Possession of a Valid Prescription for Xyrem Having a valid prescription for Xyrem is a defense so long as it is in your name, you do not possess more than what was prescribed and it was used as prescribed.
Lack of Proof of Possession There are situations where you were unaware of the presence of the drug in your jacket, purse or car because someone had used your car, jacket or purse. Lack of Intent to Sell If you were not caught selling, giving away or transporting GHB, then the DA can attempt to convict you for intent to sell based on the quantity you possessed.
Tainted Blood or Urine Test The person who takes a sample of your blood must be a trained technician. Illegal Search and Seizure Law enforcement officers must respect your civil and constitutional rights before searching you or your home, car or Is ghb legal in the us of business. Reducing Your Felony to a Misdemeanor State prison time disqualifies you from this type of relief so it is vital that your criminal defense attorney negotiate your charge to a misdemeanor before trial.
Eligibility for Expungement As indicated herein, if you were convicted under HS and your offense was not dismissed pursuant to a Is ghb legal in the us disposition, or you were convicted of a misdemeanor under Health and Safety Codethen you qualify for an expungement of the conviction.
What You Should Do Now. Re quest A Free Consultation In the U.S., where GHB has stricter legal penalties, GHB cessation is more likely, with legal and related reasons more commonly invoked for cessation. Is GHB legal in the United States? GHB is absolutely illegal in the United States. In Februarypresident Clinton.
Learn About California's Laws Governing GHB Possession, Possesion For Sale and California () U.S.
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