Facing charges for a crime involving Ketamine can attract serious criminal penalties, making it important to obtain the relevant information about your case as soon as possible. You must also conduct in-depth research on the various crimes involving Ketamine, especially if your case interlinks between two charges.

When researching your case, you should also consider working with a criminal defense attorney for improved chances of a favorable outcome. You can also count on us to represent you in court, giving you an excellent chance to fight the criminal accusations you face. Choosing a skilled and experienced attorney is therefore pivotal for your case, and you want to partner with a reliable team.

An Overview of Crimes Involving Ketamine

Ketamine production was originally intended to create an analgesic painkiller medication for patients with chronic to severe pain symptoms. However, progressive medical developments introduced other pain relief drugs into the market, pushing ketamine for use in veterinary services as a pain relief solution for animals.

Although the medical significance of ketamine is reduced as a pain relief drug, it has become more popular as a recreational drug. The primary reason for this is the lasting effects its users report, making it widely sought after. For example, users report feelings of sedation and reduced sensitivity to pain while on the drug. The effects are especially appealing to patients facing stress or chronic pain in their regular lives, resulting in a possible addiction.

Similarly, some users report having hallucinations after using ketamine, making it a popular choice among young users for recreational purposes. Additional side effects include reduced awareness of your environment and feelings of sedation. Depending on the user’s tolerance levels, the effects last for varying durations.

Due to the widespread sale and distribution of ketamine as a recreational drug, the law has adapted to curb its spread. You are, therefore, at risk of facing criminal charges if investigation officers find details on your activities involving ketamine.

After the officers inform you of your charges, call your criminal defense attorney as soon as possible to help you prepare for the upcoming trial. Their input will also help you establish the elements of crime for the prosecution to prove, as well as possible strategies you can expect from the prosecution team. Having all the information increases your chances of a favorable outcome.

Charges Involving Ketamine

The Health and Safety Code of California makes it an offense to handle ketamine so you may face criminal charges under specific sections. Based on this, your criminal defense attorney helps you identify the relevant case facts and how they may implicate you. The main crimes involving ketamine charged in California are:

  1. Possessing Ketamine

Ketamine possession is a criminal offense because it implicates you for handling it. Having the drug on you violates Section 11350 of the California Health and Safety Code, warranting your arrest.

Elements for the Prosecutor to Prove in a Possession of Ketamine Case

Once the prosecutor receives your case file from the arresting officer, they review the details to prepare a charge against you. They do this by checking whether your actions directly violate Section 11350 of the Health and Safety Code. The main elements of the crime that they should prove are:

  • You Possessed Ketamine Without Authorization

Ketamine possession is not entirely illegal, mainly because some doctors still prescribe it in controlled doses as an antidepressant. Ketamine possession is therefore permissible because studies reveal that its use as an antidepressant can have more significant results compared to conventional drugs used for the same purpose.

On the other hand, only authorized doctors and patients can possess the drug, making it illegal to have it on you without proper prescription records. In court, the prosecutor can demonstrate that you possessed the drug if you had it on your body during arrest.

Further, they may establish your possession if police seize the ketamine from an area within your control. For example, if investigation officers retrieved it from your car, home, or office, it could implicate your case significantly because you have to disprove your possession.

  • You Were Aware of Having Ketamine

A possession charge must also encompass your knowledge of having the drug, making it necessary for the prosecutor to prove this. The knowledge element is essential to their case, showing your intention to violate the law. As a result, they would have an easier time demonstrating your guilty involvement.

Showing that you were aware of your possession requires the prosecutor to use circumstantial evidence. The details may involve your actions before or after coming into possession of ketamine, specifically how you behaved.

For example, if you hid the drug or avoided a specific route to reduce your chances of police arrest, the prosecutor may successfully show your involvement. Every case presents different circumstances, so the prosecutor may vary their argument based on your matter.

  • You Were Aware of the Illegal Nature of Ketamine

The prosecution must also show that you were aware that handling ketamine is illegal, making it easier for them to prove your guilty involvement. Doing so also requires the prosecution team to demonstrate your knowledge of the type of drug and any possible legal violations you may have committed.

You can expect the prosecutor to rely on circumstantial evidence to demonstrate your knowledge, meaning they will scrutinize your actions. For example, if evidence is available showing that you only took out the ketamine in specific locations, it could demonstrate your knowledge of its illegal status.

  • You Possess an Amount Capable of Abuse

Traces of ketamine are insufficient to warrant your arrest and trial, as they have little to no effect on your state of mind. However, possessing the drug in amounts capable of drug abuse attracts criminal charges, as you will be responsible for your or others' exposure to ketamine.

During the trial, you can expect the prosecutor to present details on the specific ketamine measurements retrieved from you. They are often in milligrams, but participation in large-scale drug possession warrants measurements in grams or kilograms.

Having higher amounts of ketamine in your possession warrants harsher penalties, as the judge may treat it as an aggravating factor. Due to this, your criminal attorney will provide pointers on whether they think it is essential to table mitigating factors for your case to prevent detrimental case outcomes.

Penalties for Being in Possession of Ketamine

If the prosecutor succeeds in demonstrating your guilt beyond a reasonable doubt, you may face the following sentence options:

  1. Serving a sentence of up to one year in county jail.
  2. Paying a fine of up to $1000.

Although you are subject to these maximum sentences, the presiding judge may invoke a sentence reduction under Proposition 47. However, the provision only advocates for a sentence reduction if your case does not involve aggravating factors like having a previous criminal record or being on the sex offender registration list.

  1. Sale, Administration, or Transportation of Ketamine

Commercial activities involving ketamine also warrant criminal charges, mainly because you are responsible for providing access to the drug for many people. Investigation officers aim to prevent illegal drug distribution, so engaging in a commercial operation like the sale, transportation, or administration of ketamine is unlawful.

The prosecutor can also press charges under Section 11352 of the California Health and Safety Code if they have sufficient evidence to file a solid case against you. Since case elements vary, the prosecutor must choose the relevant facts for your case to present a compelling case.

For example, if you face sale accusations, the prosecutor’s presentation must demonstrate that you provided ketamine in exchange for money or other benefits. Selling accusations also involves making a profit, so the investigation team may also present details on the money you raised.

Alternatively, you may face accusations of transporting ketamine from one location to another, attracting criminal charges. The definition of transportation applies even if you only moved the drug slightly, as long as you changed its position to a different one. Further, the prosecutor may succeed in showing that you transported ketamine even if you lacked the intention to sell it, making it essential to raise strong defenses against their accusations.

Elements of Crime for the Prosecutor to Prove

When facing a charge under Section 11352 of the Health and Safety Code, the prosecutor must demonstrate that you engaged in the following elements of the crime:

  • You Transported, Sold, or Administered Ketamine

Establishing your participation in unlawful drug activities is the prosecutor’s primary goal, as it lays the foundation for the subsequent elements of the crime. Based on this, you can expect them to present evidence showing that you administered, sold, or transported ketamine.

Administering the drug often involves introducing it into someone’s system, which may occur in various ways. For example, if you were responsible for injecting or preparing a meal or drink for the receiving party, you are liable for the charges. Evidential sources range from photographs to exhibits like syringes. The prosecutor may also present witnesses to present testimonies, so you should be ready to counter the accusations.

Drug transportation and sales include working alone or with third parties to distribute ketamine and obtain profits. You can thus expect the prosecutor to present monetary bills, weighing scales, and packaging bags as some of the evidence to support their claims.

  • You Knew You Were Handling Ketamine

Additionally, the prosecutor must demonstrate that you were aware of the type of substance you were handling, specifically that it was illegal. Presenting this information is necessary because it demonstrates that you understood your actions were unlawful yet continued with them.

Establishing your knowledge in court requires the prosecutor to demonstrate that you tried to avoid scrutiny from law enforcement officers or anyone else who may raise an alarm. For example, if you only transported the ketamine at specific hours, the prosecutor can acquire surveillance footage showing you working at these times and link it to your guilt.

Penalties for Sale, Administration, or Distribution of Ketamine

If the judge and jury find you guilty of the offense, you will likely spend three, four, or five years in state prison. The judge may vary your sentence depending on the case circumstances and whether your case involved aggravating factors. For example, if you sold and distributed the drug on a large scale, you may receive a higher sentence compared to someone who sold it on a smaller scale.

  1. Sale, Administration, or Issuing Ketamine to a Minor

The law also makes specific provisions to prohibit access to ketamine for minors. It introduces harsh penalties for suspects whose cases include these elements. A minor is below eighteen years old, meaning they are vulnerable and impressionable.

California law introduces strict laws to prevent minors from quickly accessing drugs, including under Sections 11353 and 11380 of the Health and Safety Code. The prosecutor may have a compelling case against you, provided they demonstrate the criminal elements.

Elements of Crime Related to the Offense

Once the prosecutor takes over your case, they must provide solid proof of your involvement in the following elements of crime:

  • You Sold, Administered, or Issued Ketamine

To demonstrate your involvement in the offense, the prosecutor must first show that you either sold, issued, or administered ketamine by providing specific evidential sources. They include transaction reports indicating a regular cash receipt and a sale.

Alternatively, they may present surveillance footage that shows you engaging in the alleged activities. If so, they must verify your identity in the footage and ensure it depicts you participating in the alleged offense. Additional evidentiary sources include witness testimonies that verify your involvement in unlawful operations and police reports recorded after your arrest.

  • You Knew the Substance You Were Dealing With was Ketamine

Additionally, the prosecutor should show that you were aware of the product you were dealing with and its illegal nature. They may do this by assessing your circumstantial evidence, as discussed above. Other evidentiary sources include message exchanges between you and third parties and your efforts to hide the drug from public view.

Knowledge of the nature of the drug also involves questioning third parties you may have worked with or witnesses who were aware of your actions.

  • You Sold, Gave, or Administered the Ketamine to a Minor

The pivotal element of the crime for the prosecutor to prove is that you engaged a minor in your drug-related activities, exposing them to drug abuse or trafficking. Establishing this element requires the prosecutor to demonstrate that the person in question was a minor, meaning they were a vulnerable member of society.

The prosecutor can provide the child’s birth certificate records or request their parent or guardian testify on the minor’s age for corroborative evidence. Sometimes, the minor may also appear in court to provide testimony. The prosecutor aims to establish your wrongdoing in the case and prove your guilt beyond reasonable doubt.

If guilty of the offense, you may face three, six, or nine years in state prison, depending on your case circumstances and how your actions negatively impacted the minor in question. Nevertheless, your defense attorney can help you raise mitigating factors to persuade the judge to impose a more lenient sentence.

Defenses for Crimes Involving Ketamine

After the prosecution team concludes their case, your criminal defense attorney presents defenses to counter their arguments. Since you can raise your defenses, you should conduct thorough research to ensure they are compelling and cast reasonable doubt on the prosecutor’s case. Presenting strong defenses can be pivotal to your case, as it challenges the prosecutor’s position and persuades the judge to consider your point of view.

While defenses vary based on your case circumstances, the following are useful counterarguments to consider for your case:

  • You had a ketamine prescription from an authorized medical professional.
  • You did not intend to sell, administer, or distribute ketamine.
  • You did not know that you were handling a controlled substance.
  • You faced police entrapment or misconduct.
  • You were unaware of the presence of ketamine.
  • You did not control the movement of the ketamine in question.

Find a Criminal Defense Attorney Near Me

When you or a loved one faces criminal charges involving ketamine, you need to seek legal advice as soon as possible. Doing so is essential because it lets you understand the nature of your charges and helps build solid defenses to provide counterarguments against the prosecutor’s case. Moreover, consider working with a criminal defense attorney to help you determine the most effective defense strategy applicable to your case.

At Los Angeles Criminal Lawyer, we aim to provide quality legal services geared towards fighting the charges involving ketamine that you face. Thanks to our years of practice in criminal defense, we understand the most important factors to consider when preparing your defense. We also support you by conducting thorough research and sourcing evidence to counter the prosecutor’s accusations, giving you a better chance at a favorable outcome. Our services are available if you need to fight ketamine charges in Los Angeles, California. For more information, call us today at 310-502-1314.