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"Special K"

Posted by Christopher Martens | May 28, 2022 | 0 Comments

Laws Regarding "Special K" Ketamine - How Can You Defend Yourself?

One of the most often used illegal substances is Ketamine, which is sometimes referred to by the street name "Special K." Without a proper prescription, buying, selling, and possessing Ketamine are all considered criminal activities. When you engage in or use this substance, you open yourself up to the possibility of facing punishment. If you are interested in learning more about Ketamine, you have come to the right blog! In the following paragraphs, you will find useful information regarding Ketamine and all you need to know about it. The primary objective is to educate you on all of the regulations that pertain to ketamine use. In addition to this, we will give insight into the research and how you may represent yourself in court if a case is brought against you. You have access to a lot of material that might be helpful to you; keep in mind that you go through it all!

Ketamine: what exactly is it? 

The Controlled Substances Act of the United States classifies Ketamine as a drug that is considered to be dangerous and thus subject to strict regulation. There are a few other names for it, including "The club drug," "Vitamin K," and "Special K." To have a better understanding of this, you should be familiar with the restricted drugs act of the United States. Ketamine has been given the status of a schedule III drug due to this act, which means that it is considered a narcotic.

Ketamine comes into this category, and to better understand this, you need to learn more about the history of Ketamine. When a medication is categorized as schedule III, it has certain restrictions placed on it.

How did the substance known as Ketamine first come into existence? 

To describe this, you should be familiar with the dissociative anesthetic group, which is well recognized for reducing stress while also leaving behind a trace state or "the high" condition. Ketamine belongs to the same class of substances. It was initially created in 1962, and at the time, it was given the name special K, which indicated that it was a form of anesthetic medication. Because it was a substitute for PCP (phencyclidine), which had a poor reputation due to the dangers associated with its use, the substance gained widespread popularity. After a delay of eight years, the government of the United States finally gave Ketamine a blessing for use in humans. After some time, it gained extensive prominence within the military due to the massive usage of the substance inside the military as an anesthetic during the Vietnam war.

But throughout the United States in the 1980s, individuals started abusing Ketamine in increasingly large quantities. After some time had passed, in 1999, the Drug Enforcement Administration (DEA) classified Ketamine as a schedule III restricted drug. Even though possessing Ketamine and using it in any form was made illegal for the general population, it is still possible to use it for therapeutic reasons.

 Medicinal applications of Ketamine

Even while Ketamine has certain medical applications, its usage is currently restricted to a very small percentage of the population. The primary reason for this is the side effects that cause the patient to encounter feelings of pleasure and being disconnected from their body. Veterinary clinics make extensive use of it as an anesthetic inpatient care. It is sometimes used in the treatment of children since there is a lower risk of adverse effects occurring in kids than in adults while receiving this medication. Ketamine is often and illegally used as a "club drug" because it generates a sensation of being disconnected from one's body in addition to an intense feeling of pleasure. This effect is what draws users to the substance.

What is meant by club drugs?

Club drugs are used during dance parties, concerts, and clubs; these drugs are extremely popular due to the highs they provide as well as the out-of-body experiences they provide. The fact that club drugs are addictive is the primary difficulty with using them. People who take this often do it to allow themselves to feel the euphoria that comes with being high.

Many people who have used Ketamine have said that it provides them with an easygoing and pleasant experience that puts them at rest. The more of the substance consumed, the more strong the psychedelic experience will be. It is said that the impact might last anywhere from 40 to 90 minutes. Even yet, the aftereffects, sometimes known as a "hangover," wreak havoc on human senses, rendering judgment and coordination impossible for the whole next day.

Consumption of this substance is associated with several adverse effects, the most common clinical depression, high blood pressure, respiratory issues, and forgetfulness.

This substance is often found in liquid form; however, many users mix it with powder and snort it. In addition, you may get Ketamine in the form of pills or tablets. To experience something even more intense, some people mix it with other substances like ecstasy. It pimps up the intensity of the experience while extending the duration of the high.

Ketamine is also referred to as the "rape" drug. The powder or liquid version of the drug may be blended with any beverage. Ketamine is known as "the rapist's drug" because there have been cases in which rapists have used this substance to abuse or rape a woman sexually.

California has laws prohibiting the sale and possession of Ketamine

Although Ketamine can be lawfully prescribed for medical purposes, recreational use of the substance is not uncommon. As a direct consequence of this, the accessibility of Ketamine is severely limited.

The following is a list of some of the laws that pertain to Ketamine:

Health and Safety Code 11377 HS 

As a result of your possession of Ketamine, you have committed an offense under section 11377 of the Health and Safety Code:  

In California, unauthorized possession of narcotic substances is considered a misdemeanor. It can result in a sentence of up to six months in county prison or a fine of one thousand dollars.

However, the state of California's legislation necessitates that you enter a drug treatment program if you are discovered to have Ketamine for personal use. If you are deemed suitable for participation, you will be able to participate in the "drug diversion" program, which is permitted by proposition 36, code 1000 of the penal code PC, and the drug courts in California. 

Upon completing the drug diversion program, the charges against you for possessing Ketamine will be completely removed.

Note: The California Health and Safety Code 1137 HS also applies to numerous other banned drugs, including ecstasy, GHB, and anabolic steroids. It is an important point to keep in mind.

Health and Safety Code 11379.2 HS 

 As was previously indicated, the California Health and Safety Code 11379.2 HS is a stringent iteration of the 1137 HS.

The following are some of the circumstances that might be considered a breach of Health and Safety Code 11379.2 HS:

1. The possession of significant quantities of Ketamine is indisputable proof that the individual has the intent to distribute the substance to other individuals.

2. You have been convicted of selling Ketamine. 

In section 11379.2 of the Health and Safety Code, the focus is on penalizing those who have the intent to sell Ketamine. On the other hand, a conviction for breaking this statute is a "wobbler," which means that the severity of the punishment you get will depend on your case's specifics and your prior record in the justice system.

 If someone is found guilty of committing a misdemeanor, the greatest amount of time they may spend in jail is one year, and the highest amount of money they might be fined is $1,000. On the other hand, if the accused is found guilty of the crime, they might spend anywhere from 16 months to 3 years in state prison and be subject to a fine of up to $10,000. This is the penalty for a felony conviction.

Under the provisions of this statute, the drug diversion program in California cannot be utilized.

In addition to these two statutes, a few more laws can be broken as a result of the effects of ketamine ingestion. 

It is a violation of motor code 23152 for anyone caught driving after using Ketamine (f).

Driving a vehicle while being under Ketamine influence

If you are caught driving while under the influence of Ketamine, you have violated vehicle code 23152, as the name of this violation implies (f). In the United States of America, operating a motor vehicle after using any unlawful narcotic is a criminal offense.

This is because Ketamine affects your capacity to make decisions, your neurological system, and your muscles, and it also reduces your ability to maintain control while driving. It may endanger other drivers on the road and cause them harm.

These days, driving under the influence of narcotics is almost always deemed a misdemeanor, which may result in both a monetary punishment and perhaps jail time.

Note: This applies particularly to immigrants currently residing in California and might remove them from the state. 

Defending yourself against allegations in California that are connected to Ketamine:

In California, many persons had multiple charges brought against them for various violations relating to Ketamine. In California, the number of crimes committed is mirrored by the variety of defenses that can be presented.

As a result, you need to get the services of a criminal defense attorney who can defend you and fight for your case in a legal setting.

In the interest of enlightening you further, I will now discuss many of the defenses available to you in California about ketamine-related instances.

You need to provide a prescription for Ketamine if you are taking it or have it with you due to a legal prescription. To justify why you had Ketamine simultaneously, however, you need to establish that you worked in a hospital or that you were a medical professional.

It is important to keep in mind that the use of Ketamine as medicine for medicinal purposes that produce anesthesia is lawful. On the other hand, given that this will be readily available at veterinary facilities, the likelihood of you taking the drug is quite low.

If you have a prescription for Ketamine, you are required to keep it with you at all times to avoid violating the health and safety code 11377 HS legislation, which prohibits possessing Ketamine.

When you are discovered to own Ketamine, this is the second line of defense that you can assert. In this scenario, you will need to find a means to demonstrate that you did not have any plans to distribute Ketamine to other individuals.

This might be challenging, and you might need the assistance of a specialist. However, if you retain the services of an experienced criminal defense attorney, you will be able to make it through this.

You must provide evidence that the Ketamine in your possession was for your personal use and that you had no intention of selling it.

The majority of people consistently refuse to acknowledge that they do not own any ketamine in their possession. In addition to this, when the officer discovers the Ketamine, they dispute with one another and make up an entire tale about it!

First, we will state that if you have Ketamine, you must confess that you have used Ketamine for your purposes. It will be hard for a lot of individuals to accept the fact that they are criminals. There are two advantages to this:

  1. You will be charged with a less serious infraction, and as was previously said, it is a wobbler, which means that you can escape going to jail in situations like this.
  2. You will have the chance to enroll in a drug diversion program, which will result in the dismissal of all charges against you and will assist you in overcoming your addiction.

To search your residence or place of employment or to search you personally, the relevant authorities must first comply with the applicable search and seizure legislation. If they had searched in violation of the law, the accusation against you would be dropped.

Keep in mind that if the search was conducted illegally, you might be able to submit a complaint under Section 1538.5 of the Penal Code. After you have made this request, the prosecutor will either drop the charges against you or decrease them based on this basis.

Your home or business will probably be searched by the authorities every time a search warrant is issued, or a raid is conducted. Ethical policing procedures are now required by law to be followed by law enforcement personnel.

You have the right to register a complaint against the following police practices related to misconduct:

  1. If the evidence against you has been made up to make a false arrest of you.
  2. In their quest for Ketamine, the cops use an unreasonable amount of force.
  3. If the police compel you to acknowledge that you had possession of Ketamine or that you planned to sell Ketamine, or if they use deception to trick you into admitting it. (This is sometimes referred to as entrapment, which is when the police try to put physiological or psychological pressure on you to acknowledge something you have not done.)

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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