Ketamine is officially classified under Schedule III of the California Uniform Controlled Substances Act under its unique and separate drug category. [Cal. Health & Safety Code §11056(g)]. A simple possession for personal use of ketamine is punishable as a misdemeanor punished by up to six (6) months in a county jail. [Cal. Health & Safety Code §11377(b)(2)]. Possession of ketamine for sale, or actually selling ketamine, can be charged either as a misdemeanor or a felony and thus is punishable by either up to one (1) year in county jail or up to three (3) years in state prison. [Cal. Health & Safety Code §11379.2].
If you are facing a criminal investigation, or criminal charges for possession of ketamine or any other drug or narcotic have already been filed against you, a friend or a family member, we advise you most strongly to contact a criminal defense attorney in order to thoroughly evaluate your situation and explore your options. It is possible that an investigation or charges against you might be dismissed because the evidence against you was obtained by an illegal search and seizure, or some other reason. In the event chances for complete dismissal of the criminal charges are not great, you should know about your options for alternative pleas and sentencing. For example, you should know that first time drug and narcotics offenders, and individuals who do not have a significant past criminal record, especially in situations involving simple possession for personal use, are often eligible to be sentenced to a drug treatment program without serving any time in county jail or state prison. Alternative sentencing options include programs such as the state financed Deferred Entry of Judgment (DEJ) also known as PC 1000, Proposition 36 or a private outpatient or residential treatment program of your choice if approved by the Court. You also might be eligible for formal or informal (also known as summary) probation with or without a treatment program. Probation might include some custody in county, city or private jail.