State by State References
as of April 15, 1998
As far as we know, as of August 5, 1999, the laws listed on our GHB law page are the only state laws regarding GHB. This is not a guarantee that the information here is complete or accurate. Just that it's as accurate as we know how to make it. More research is highly recommended if you want to verify its status in your state. It is also important to know that GHB was placed in Federal Schedule I in March 2000 making it illegal to possess or sell anywhere in the United States. Possession or sales in states where it is not specifically scheduled would need to happen at a federal level.
CHAPTER 71. CONTROLLED SUBSTANCES
ARTICLE 2. STANDARDS AND SCHEDULES
Alaska Stat. § 11.71.170 (1997)
Sec. 11.71.170. Schedule IVA
a) A substance shall be placed in schedule IVA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than the substances listed in schedule IIIA, but higher than the substances listed in schedule VA.
(b) Schedule IVA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including their salts, isomers and salts of isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(28) gamma-Hydroxybutyrate.
[...]
DIVISION 10. Uniform Controlled Substances Act
CHAPTER 2. Standards and Schedules
Cal Health & Saf Code § 11055 (1997)
§ 11055. Schedule II list of controlled substances
(a) The controlled substances listed in this section are included in Schedule II.
[...]
(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(6) Gamma-hydroxybutyrate.
[...]
CHAPTER 893 DRUG ABUSE PREVENTION AND CONTROL
Fla. Stat. § 893.03 (1997)
893.03 Standards and schedules.
The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, or trade name designated. The provisions of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of 21 C.F.R. s. 1308.22, styled "Excluded Substances "; 21 C.F.R. s. 1308.24, styled "Exempt Chemical Preparations "; 21 C.F.R. s. 1308.32, styled "Exempted Prescription Products "; or 21 C.F.R. s. 1308.34, styled "Exempt Anabolic Steroid Products. "
[...]
(2) SCHEDULE II.-- A substance in Schedule II has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. The following substances are controlled in Schedule II:
(a) Unless specifically excepted or unless listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis:
[...]
6. Gamma-hydroxy-butyrate (GHB).
[...]
TITLE 16. CRIMES AND OFFENSES
CHAPTER 13. CONTROLLED SUBSTANCES
ARTICLE 2. REGULATION OF CONTROLLED SUBSTANCES
O.C.G.A. § 16-13-25 (1997)
§ 16-13-25. Schedule I
The controlled substances listed in this Code section are included in Schedule I:
[...]
(5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers, (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation:
gamma hydroxybutyric acid ( gamma hydroxy butyrate); and
[...]
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
CHAPTER 329. [NEW] UNIFORM CONTROLLED SUBSTANCES ACT
PART II. STANDARDS AND SCHEDULES
HRS § 329-14 (1997)
§ 329-14. Schedule I
(a) The controlled substances listed in this section are included in Schedule I.
[...]
(d) Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(17) Gamma hydroxybuterate (GHB);
[...]
CHAPTER 27 UNIFORM CONTROLLED SUBSTANCES
SCHEDULE I.
§ 37-2705 [Schedule I]
Sec. 2705 (a) The controlled substances listed in this section are included in schedule I.
[...]
(e) Any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers wherever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(1) Gamma hydroxybutyrate (GHB);
[...]
OFFENSES AGAINST THE PUBLIC
ILLINOIS CONTROLLED SUBSTANCES ACT
ARTICLE II.
720 ILCS 570/204 (1997)
[Prior to 1/1/93 cited as: Ill. Rev. Stat., Ch. 56 1/2, para. 1204]
§ 720 ILCS 570/204. [Schedule I]
Sec. 204. (a) The controlled substances listed in this Section are included in Schedule I.
[...]
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
( 3) gamma hydroxybutyric acid.
[...]
ARTICLE 48 CONTROLLED SUBSTANCES
CHAPTER 2 CLASSIFICATION OF DRUGS
IC 35-48-2-6
Sec. 6. (a) The controlled substances listed in this section are included in schedule II.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
[...]
(e) Depressants. Unless specifically excepted by rule of the board or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
Gamma hydroxybutyrate
[...]
SUBTITLE 1. ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES
CHAPTER 126. DRUGS, DEVICES, AND COSMETICS
Iowa Code § 126.23 (1997)
126.23 Gamma-hydroxybutyrate.
NOTES:
Chapter Notes:
See § 205.11--205.13 for additional provisions relating to administration and enforcement This chapter not enacted as a part of this title; transferred from chapter 203B in Code 1993
ACT 398
HOUSE BILL NO. 44
1997 La. ALS 398; 1997 La. ACT 398; 1997 La. HB 44
SYNOPSIS: AN ACT To enact R.S. 40:964(Schedule II)(D)(2), relative to controlled dangerous substances; to add Gamma Hydroxybutyric Acid as a Schedule II depressant; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
[*1] Section 1. R.S. 40:964(Schedule II)(D)(2) is hereby enacted to read as follows:
Section 964. Composition of schedules
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S. 40:962, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name, or brand name designated:
SCHEDULE II
[...]
D. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, or salts of isomers whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation:
[...]
(2) Gamma Hydroxybutyric Acid
[...]
HISTORY:
Approved by the governor: June 22, 1997
(f) Gamma-hydroxybutyrate and any isomer, salt, or salt of isomer of gamma-hydroxybutyrate.
Some trade and other names;
Sodium Oxybate
4-hydroxybutanoic acid monosodium salt
CHAPTER 200. CRIMES AGAINST THE PERSON
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
Nev. Rev. Stat. Ann. § 200.408 (1997)
§ 200.408. Administration of controlled substance to aid commission of crime of violence: Penalty; definitions
1. A person who causes to be administered to another person any controlled substance without that person's knowledge and with the intent thereby to enable or assist himself or any other person to commit a crime of violence against that person or the property of that person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
2. As used in this section:
(a) "Controlled substance " includes flunitrazepam and gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor as defined in NRS 453.086.
[...]
TITLE 40. PUBLIC HEALTH AND SAFETY
CHAPTER 453. CONTROLLED SUBSTANCES
UNIFORM CONTROLLED SUBSTANCES ACT
OFFENSES AND PENALTIES
Nev. Rev. Stat. Ann. § 453.336 (1997)
§ 453.336. Unlawful possession not for purpose of sale; penalties
1. It is unlawful for a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, physician's assistant, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
[...]
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
[...]
TITLE 40. PUBLIC HEALTH AND SAFETY
CHAPTER 453. CONTROLLED SUBSTANCES
UNIFORM CONTROLLED SUBSTANCES ACT
OFFENSES AND PENALTIES
Nev. Rev. Stat. Ann. § 453.337 (1997)
§ 453.337. Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties
TITLE 40. PUBLIC HEALTH AND SAFETY
CHAPTER 453. CONTROLLED SUBSTANCES
UNIFORM CONTROLLED SUBSTANCES ACT
OFFENSES AND PENALTIES
Nev. Rev. Stat. Ann. § 453.3385 (1997)
§ 453.3385. Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I substances, except marihuana
Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marihuana, or any mixture which contains any such controlled substance, shall be punished, if the quantity involved:
TITLE 30 OCCUPATIONS AND PROFESSIONS
CHAPTER 318-B CONTROLLED DRUG ACT
59:1 New Section; Flunitrazepam, Gamma-hydroxy-butyrate, and Ketamine Hydrochloride Scheduled as Controlled Drugs.
Amend RSA 318-B by inserting after section 1-b the following new section:
318-B:1-c Flunitrazepam, Gamma-hydroxy-butyrate; and Ketamine Hydrochloride.
I. The legislature intends that the provisions of paragraph III of this section shall remain in effect until such time as flunitrazepam, gamma-hydroxy-butyrate, and ketamine hydrochloride are scheduled by the commissioner of the department of human services in accordance with and pursuant to RSA 318-B.
II. The legislature finds that:
(b) Gamma-hydroxy-butyrate, also known as GHB, which is a chemical additive and has a sedative, hypnotic, and amnesiac effect, has an acceptable medical use in the United States but has a high potential for abuse. Therefore, gamma-hydroxy-butyrate meets the criteria for placement on schedule II of controlled drugs.
III. Notwithstanding the provisions of RSA 318-B:1-a, relative to scheduling by rulemaking of the commissioner of the department of health and human services, the following shall be scheduled as controlled drugs:
(a) Flunitrazepam, marketed under the trade name rohypnol, shall be placed on schedule I.
(b) Gamma-hydroxy-butyrate, known as GHB, shall be placed on schedule II.
(c) Ketamine hydrochloride shall be placed on schedule III.
359:2 Contingent Repeal. If the commissioner of health and human services chooses to schedule flunitrazepam, gamma-hydroxy-butyrate, or ketamine hydrochloride pursuant to an administrative rule adopted by the commissioner and pursuant to RSA 318-B, then the affected part of RSA 318-B:1-c as inserted by section 1 of this act, as it pertains to each individual substance so scheduled, shall be repealed at 12:01 a.m. the day after such substance is scheduled. The commissioner of the department of health and human services shall certify to the secretary of state the date on which flunitrazepam, gamma-hydroxy-butyrate, or ketamine hydrochloride is scheduled by rule.
SUBTITLE 2. SPECIFIC OFFENSES
PART 5. OFFENSES AGAINST THE PUBLIC; PUBLIC ORDER, HEALTH AND DECENCY
CHAPTER 35. CONTROLLED SUBSTANCES
N.J. Stat. § 2C:35-5.2 (1997)
§ 2C:35-5.2. Manufacturing, etc. gamma hydroxybutyrate; penalties
SUBTITLE 2. SPECIFIC OFFENSES
PART 5. OFFENSES AGAINST THE PUBLIC; PUBLIC ORDER, HEALTH AND DECENCY
CHAPTER 35. CONTROLLED SUBSTANCES
N.J. Stat. § 2C:35-10.2 (1997)
§ 2C:35-10.2. Possession, etc. of gamma hydroxybutyrate; penalties
a. It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, gamma hydroxybutyrate unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).
b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $100,000.00 may be imposed upon a person who violates this section.
ARTICLE 5. NORTH CAROLINA CONTROLLED SUBSTANCES ACT
N.C. Gen. Stat. § 90-92 (1997)
§ 90-92. Schedule IV controlled substances
(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a low potential for abuse relative to the substances listed in Schedule III of this Article; currently accepted medical use in the United States; and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article. The following controlled substances are included in this schedule:
(1) Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
v. Gamma Hydroxybutyric Acid.
[...]
CHAPTER 28. UNIFORM CONTROLLED SUBSTANCES ACT
ARTICLE II. STANDARDS AND SCHEDULES
21 R.I. Gen. Laws § 21-28-2.08 (1997)
§ 21-28-2.08. Contents of schedules
Schedule I
(a) Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
[...]
(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or geometric isomers, salts and salts of isomers.
[...]
CHAPTER 17. OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE
PART 4. DRUGS
Tenn. Code Ann. § 39-17-412 (1997)
§ 39-17-412. Controlled substances in Schedule IV
(a) Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
[...]
(f) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance, including its salts:
(1) Pentazocine;
(2) Gamma hydroxybutyric acid;
(3) Sodium oxybate; or
(4) Gamma hydroxybutyrate sodium.
[...]
CHAPTER 745
HOUSE BILL 1070
1997 Tex. ALS 745; 1997 Tex. Gen. Laws 745; 1997 Tex. Ch 745; 1997 Tex. HB 1070
SYNOPSIS: AN ACT relating to drug regulation and enforcement under the Texas Controlled Substances Act and to the authority of certain state agencies under that Act; imposing criminal penalties.
NOTICE:
[A > UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED
[D > Text within these symbols is deleted
[...]
[*21] SECTION 21. Section 481.102, Health and Safety Code, is amended to read as follows:
Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
[...]
[A > (9) GAMMA HYDROXYBUTYRATE, INCLUDING ITS SALTS
[...]
ALASKA
TITLE 11. CRIMINAL LAWCHAPTER 71. CONTROLLED SUBSTANCES
ARTICLE 2. STANDARDS AND SCHEDULES
Alaska Stat. § 11.71.170 (1997)
Sec. 11.71.170. Schedule IVA
a) A substance shall be placed in schedule IVA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than the substances listed in schedule IIIA, but higher than the substances listed in schedule VA.
(b) Schedule IVA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including their salts, isomers and salts of isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(28) gamma-Hydroxybutyrate.
[...]
CALIFORNIA
HEALTH AND SAFETY CODEDIVISION 10. Uniform Controlled Substances Act
CHAPTER 2. Standards and Schedules
Cal Health & Saf Code § 11055 (1997)
§ 11055. Schedule II list of controlled substances
(a) The controlled substances listed in this section are included in Schedule II.
[...]
(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(6) Gamma-hydroxybutyrate.
[...]
FLORIDA
TITLE XLVI CRIMESCHAPTER 893 DRUG ABUSE PREVENTION AND CONTROL
Fla. Stat. § 893.03 (1997)
893.03 Standards and schedules.
The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, or trade name designated. The provisions of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of 21 C.F.R. s. 1308.22, styled "Excluded Substances "; 21 C.F.R. s. 1308.24, styled "Exempt Chemical Preparations "; 21 C.F.R. s. 1308.32, styled "Exempted Prescription Products "; or 21 C.F.R. s. 1308.34, styled "Exempt Anabolic Steroid Products. "
[...]
(2) SCHEDULE II.-- A substance in Schedule II has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. The following substances are controlled in Schedule II:
(a) Unless specifically excepted or unless listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis:
[...]
6. Gamma-hydroxy-butyrate (GHB).
[...]
GEORGIA
TITLE 16. CRIMES AND OFFENSES
CHAPTER 13. CONTROLLED SUBSTANCES
ARTICLE 2. REGULATION OF CONTROLLED SUBSTANCES
O.C.G.A. § 16-13-25 (1997)
§ 16-13-25. Schedule I
The controlled substances listed in this Code section are included in Schedule I:
[...]
(5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers, (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation:
gamma hydroxybutyric acid ( gamma hydroxy butyrate); and
[...]
HAWAII
*** THIS SECTION IS CURRENT THROUGH THE 1997 SUPPLEMENT ***DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
CHAPTER 329. [NEW] UNIFORM CONTROLLED SUBSTANCES ACT
PART II. STANDARDS AND SCHEDULES
HRS § 329-14 (1997)
§ 329-14. Schedule I
(a) The controlled substances listed in this section are included in Schedule I.
[...]
(d) Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(17) Gamma hydroxybuterate (GHB);
[...]
IDAHO
TITLE 37 FOOD, DRUGS, AND OILCHAPTER 27 UNIFORM CONTROLLED SUBSTANCES
SCHEDULE I.
§ 37-2705 [Schedule I]
Sec. 2705 (a) The controlled substances listed in this section are included in schedule I.
[...]
(e) Any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers wherever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(1) Gamma hydroxybutyrate (GHB);
[...]
ILLINOIS
CHAPTER 720. CRIMINAL OFFENSESOFFENSES AGAINST THE PUBLIC
ILLINOIS CONTROLLED SUBSTANCES ACT
ARTICLE II.
720 ILCS 570/204 (1997)
[Prior to 1/1/93 cited as: Ill. Rev. Stat., Ch. 56 1/2, para. 1204]
§ 720 ILCS 570/204. [Schedule I]
Sec. 204. (a) The controlled substances listed in this Section are included in Schedule I.
[...]
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
( 3) gamma hydroxybutyric acid.
[...]
INDIANA
TITLE 35 CRIMINAL LAW AND PROCEDUREARTICLE 48 CONTROLLED SUBSTANCES
CHAPTER 2 CLASSIFICATION OF DRUGS
IC 35-48-2-6
Sec. 6. (a) The controlled substances listed in this section are included in schedule II.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
[...]
(e) Depressants. Unless specifically excepted by rule of the board or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
Gamma hydroxybutyrate
[...]
IOWA
V. PUBLIC HEALTHSUBTITLE 1. ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES
CHAPTER 126. DRUGS, DEVICES, AND COSMETICS
Iowa Code § 126.23 (1997)
126.23 Gamma-hydroxybutyrate.
- Unlawful possession. Any person who possesses gamma-hydroxybutyrate (also known as gamma-hydroxybutyric acid, or GHB), or any substance containing gamma-hydroxybutyrate, commits an aggravated misdemeanor. This subsection shall not apply to any person who obtains or possesses gamma-hydroxybutyrate or any material containing gamma-hydroxybutyrate pursuant to a lawful order of a physician or other authorized prescriber for the legitimate treatment of disease.
- Unlawful distribution. Any person who distributes gamma-hydroxybutyrate, or possesses gamma-hydroxybutyrate with the intent to distribute to any other person, commits an aggravated misdemeanor if the person intends to promote or allow the unlawful use of the substance or if the person knows that the other person will use the substance for unlawful purposes.
NOTES:
Chapter Notes:
See § 205.11--205.13 for additional provisions relating to administration and enforcement This chapter not enacted as a part of this title; transferred from chapter 203B in Code 1993
LOUISIANA
LOUISIANA 1997 REGULAR SESSIONACT 398
HOUSE BILL NO. 44
1997 La. ALS 398; 1997 La. ACT 398; 1997 La. HB 44
SYNOPSIS: AN ACT To enact R.S. 40:964(Schedule II)(D)(2), relative to controlled dangerous substances; to add Gamma Hydroxybutyric Acid as a Schedule II depressant; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
[*1] Section 1. R.S. 40:964(Schedule II)(D)(2) is hereby enacted to read as follows:
Section 964. Composition of schedules
Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S. 40:962, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name, or brand name designated:
SCHEDULE II
[...]
D. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, or salts of isomers whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation:
[...]
(2) Gamma Hydroxybutyric Acid
[...]
HISTORY:
Approved by the governor: June 22, 1997
MICHIGAN
SECTION 7212 CONTROLLED SUBSTANCE ACT Sec 7212. The following controlled substances are included in schedule I.(f) Gamma-hydroxybutyrate and any isomer, salt, or salt of isomer of gamma-hydroxybutyrate.
Some trade and other names;
Sodium Oxybate
4-hydroxybutanoic acid monosodium salt
NEVADA
TITLE 15. CRIMES AND PUNISHMENTSCHAPTER 200. CRIMES AGAINST THE PERSON
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
Nev. Rev. Stat. Ann. § 200.408 (1997)
§ 200.408. Administration of controlled substance to aid commission of crime of violence: Penalty; definitions
1. A person who causes to be administered to another person any controlled substance without that person's knowledge and with the intent thereby to enable or assist himself or any other person to commit a crime of violence against that person or the property of that person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
2. As used in this section:
(a) "Controlled substance " includes flunitrazepam and gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor as defined in NRS 453.086.
[...]
TITLE 40. PUBLIC HEALTH AND SAFETY
CHAPTER 453. CONTROLLED SUBSTANCES
UNIFORM CONTROLLED SUBSTANCES ACT
OFFENSES AND PENALTIES
Nev. Rev. Stat. Ann. § 453.336 (1997)
§ 453.336. Unlawful possession not for purpose of sale; penalties
1. It is unlawful for a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, physician's assistant, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
[...]
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
[...]
TITLE 40. PUBLIC HEALTH AND SAFETY
CHAPTER 453. CONTROLLED SUBSTANCES
UNIFORM CONTROLLED SUBSTANCES ACT
OFFENSES AND PENALTIES
Nev. Rev. Stat. Ann. § 453.337 (1997)
§ 453.337. Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties
- Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which
flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.
- Unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
- For the first offense, for a category D felony as provided in NRS 193.130.
- For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under
the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS
193.130.
- For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
- For the first offense, for a category D felony as provided in NRS 193.130.
- The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.
TITLE 40. PUBLIC HEALTH AND SAFETY
CHAPTER 453. CONTROLLED SUBSTANCES
UNIFORM CONTROLLED SUBSTANCES ACT
OFFENSES AND PENALTIES
Nev. Rev. Stat. Ann. § 453.3385 (1997)
§ 453.3385. Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I substances, except marihuana
Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marihuana, or any mixture which contains any such controlled substance, shall be punished, if the quantity involved:
- Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.
- Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of
not more than $100,000.
- Is 28 grams or more, for a category A felony by imprisonment in the state prison:
- For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
- For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served, and by a fine of not more than $500,000.
- For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
NEW HAMPSHIRE
NEW HAMPSHIRE REVISED STATURESTITLE 30 OCCUPATIONS AND PROFESSIONS
CHAPTER 318-B CONTROLLED DRUG ACT
59:1 New Section; Flunitrazepam, Gamma-hydroxy-butyrate, and Ketamine Hydrochloride Scheduled as Controlled Drugs.
Amend RSA 318-B by inserting after section 1-b the following new section:
318-B:1-c Flunitrazepam, Gamma-hydroxy-butyrate; and Ketamine Hydrochloride.
I. The legislature intends that the provisions of paragraph III of this section shall remain in effect until such time as flunitrazepam, gamma-hydroxy-butyrate, and ketamine hydrochloride are scheduled by the commissioner of the department of human services in accordance with and pursuant to RSA 318-B.
II. The legislature finds that:
(b) Gamma-hydroxy-butyrate, also known as GHB, which is a chemical additive and has a sedative, hypnotic, and amnesiac effect, has an acceptable medical use in the United States but has a high potential for abuse. Therefore, gamma-hydroxy-butyrate meets the criteria for placement on schedule II of controlled drugs.
III. Notwithstanding the provisions of RSA 318-B:1-a, relative to scheduling by rulemaking of the commissioner of the department of health and human services, the following shall be scheduled as controlled drugs:
(a) Flunitrazepam, marketed under the trade name rohypnol, shall be placed on schedule I.
(b) Gamma-hydroxy-butyrate, known as GHB, shall be placed on schedule II.
(c) Ketamine hydrochloride shall be placed on schedule III.
359:2 Contingent Repeal. If the commissioner of health and human services chooses to schedule flunitrazepam, gamma-hydroxy-butyrate, or ketamine hydrochloride pursuant to an administrative rule adopted by the commissioner and pursuant to RSA 318-B, then the affected part of RSA 318-B:1-c as inserted by section 1 of this act, as it pertains to each individual substance so scheduled, shall be repealed at 12:01 a.m. the day after such substance is scheduled. The commissioner of the department of health and human services shall certify to the secretary of state the date on which flunitrazepam, gamma-hydroxy-butyrate, or ketamine hydrochloride is scheduled by rule.
NEW JERSEY
TITLE 2C. THE NEW JERSEY CODE OF CRIMINAL JUSTICESUBTITLE 2. SPECIFIC OFFENSES
PART 5. OFFENSES AGAINST THE PUBLIC; PUBLIC ORDER, HEALTH AND DECENCY
CHAPTER 35. CONTROLLED SUBSTANCES
N.J. Stat. § 2C:35-5.2 (1997)
§ 2C:35-5.2. Manufacturing, etc. gamma hydroxybutyrate; penalties
- Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be a crime of the second degree for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense gamma hydroxybutyrate.
- Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed upon a person who violates this section.
SUBTITLE 2. SPECIFIC OFFENSES
PART 5. OFFENSES AGAINST THE PUBLIC; PUBLIC ORDER, HEALTH AND DECENCY
CHAPTER 35. CONTROLLED SUBSTANCES
N.J. Stat. § 2C:35-10.2 (1997)
§ 2C:35-10.2. Possession, etc. of gamma hydroxybutyrate; penalties
a. It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, gamma hydroxybutyrate unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).
b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $100,000.00 may be imposed upon a person who violates this section.
NORTH CAROLINA
CHAPTER 90. MEDICINE AND ALLIED OCCUPATIONSARTICLE 5. NORTH CAROLINA CONTROLLED SUBSTANCES ACT
N.C. Gen. Stat. § 90-92 (1997)
§ 90-92. Schedule IV controlled substances
(a) This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a low potential for abuse relative to the substances listed in Schedule III of this Article; currently accepted medical use in the United States; and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article. The following controlled substances are included in this schedule:
(1) Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
v. Gamma Hydroxybutyric Acid.
[...]
RHODE ISLAND
TITLE 21. FOOD AND DRUGSCHAPTER 28. UNIFORM CONTROLLED SUBSTANCES ACT
ARTICLE II. STANDARDS AND SCHEDULES
21 R.I. Gen. Laws § 21-28-2.08 (1997)
§ 21-28-2.08. Contents of schedules
Schedule I
(a) Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
[...]
(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
[...]
(16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or geometric isomers, salts and salts of isomers.
[...]
TENNESSEE
TITLE 39. CRIMINAL OFFENSESCHAPTER 17. OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE
PART 4. DRUGS
Tenn. Code Ann. § 39-17-412 (1997)
§ 39-17-412. Controlled substances in Schedule IV
(a) Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
[...]
(f) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance, including its salts:
(1) Pentazocine;
(2) Gamma hydroxybutyric acid;
(3) Sodium oxybate; or
(4) Gamma hydroxybutyrate sodium.
[...]
TEXAS
TEXAS 75TH LEGISLATURE -- REGULAR SESSIONCHAPTER 745
HOUSE BILL 1070
1997 Tex. ALS 745; 1997 Tex. Gen. Laws 745; 1997 Tex. Ch 745; 1997 Tex. HB 1070
SYNOPSIS: AN ACT relating to drug regulation and enforcement under the Texas Controlled Substances Act and to the authority of certain state agencies under that Act; imposing criminal penalties.
NOTICE:
[A > UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED
[D > Text within these symbols is deleted
[...]
[*21] SECTION 21. Section 481.102, Health and Safety Code, is amended to read as follows:
Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
[...]
[A > (9) GAMMA HYDROXYBUTYRATE, INCLUDING ITS SALTS
[...]