Ketamine is illegal in California without a valid prescription or administration by a licensed professional in an approved medical setting. It is a Schedule III controlled substance, so possessing it outside the medical system is generally a misdemeanor carrying up to a year in county jail, and selling it or holding it for sale can be charged as a felony with state prison time.1California Legislative Information. California Code HSC 11056
Legal Status Under California Law
California Health and Safety Code Section 11056 places ketamine in Schedule III, alongside anabolic steroids and certain barbiturates.1California Legislative Information. California Code HSC 11056 A Schedule III listing means the drug has a recognized medical use but also a moderate risk of physical dependence or a high risk of psychological dependence. That dual status is the whole framework: a licensed prescriber can legally administer or prescribe ketamine, and anyone else who holds or sells it faces criminal exposure.
The FDA’s only approved indication for ketamine itself is as a general anesthetic, sold under the brand name Ketalar.2U.S. Food and Drug Administration. Understanding Current Use of Ketamine for Emerging Areas of Therapeutic Interest The depression infusions and clinics you may have read about operate off-label, which is lawful when a licensed physician writes the prescription but has nothing to do with FDA approval of those uses.
Penalties for Possession Without a Prescription
Simple possession of ketamine without a valid prescription is prosecuted under Health and Safety Code Section 11377, the statute covering non-narcotic Schedule III through V substances. The default charge is a misdemeanor punishable by up to one year in county jail. The court may also impose a fine of up to $70, after considering your ability to pay.3California Legislative Information. California Health and Safety Code 11377 Probation with conditions such as drug counseling or community service is a common outcome in place of jail.
There is one scenario where simple possession escalates to a felony. If you have a prior conviction for a serious or violent felony, or if you’re required to register as a sex offender, the charge can be punished under Penal Code Section 1170(h), which allows a state prison sentence.3California Legislative Information. California Health and Safety Code 11377 For everyone else, possession stays a misdemeanor regardless of the amount you’re caught with.
One boundary worth flagging: Proposition 36, passed in November 2024, created “treatment-mandated felonies” for repeat drug possession, but those provisions target fentanyl, heroin, cocaine, and methamphetamine. Ketamine is not on that list, so Prop 36 does not change the penalty structure here.
Penalties for Selling or Possessing for Sale
Selling ketamine or possessing it with intent to sell is governed by its own statute, Health and Safety Code Section 11379.2, which specifically covers the substance listed in subdivision (g) of Section 11056.4California Legislative Information. California Health and Safety Code 11379.2 This is a wobbler, meaning prosecutors can charge it as a misdemeanor or a felony.
- As a misdemeanor: up to one year in county jail.
- As a felony: 16 months, two years, or three years in state prison, plus fines up to $10,000.
Prosecutors look at the quantity involved, whether there was packaging material or large amounts of cash, prior history, and whether the offense happened near a school or involved minors. If you read the statutes yourself, note that Section 11378, the general possession-for-sale statute for most Schedule III drugs, explicitly excludes ketamine and routes those cases to 11379.2 instead.5California Legislative Information. California Health and Safety Code 11378
Federal prosecution is also on the table. In a 2025 case connected to actor Matthew Perry’s death, a California physician pleaded guilty to four federal counts of ketamine distribution and was sentenced to two and a half years in federal prison, in addition to surrendering his medical license.6U.S. Department of Justice. Former Physician Who Ran Calabasas Clinic Sentenced to 2 1/2 Years Federal Prison
Diversion for First-Time Possession Charges
A first-time possession charge doesn’t necessarily end in a conviction. California’s pretrial diversion program under Penal Code Section 1000 lists Health and Safety Code 11377 as a qualifying offense, which means a ketamine possession charge can be eligible.7California Legislative Information. California Penal Code 1000 If you complete the required drug education or treatment program, the charge is dismissed.
Eligibility isn’t automatic. You generally need no prior drug convictions, no felony convictions in the past five years, and the charge has to involve personal use rather than sale or distribution. The offense cannot involve violence or threats. If you’re charged under HSC 11379.2 for selling or possessing for sale, diversion isn’t available.
Driving Under the Influence of Ketamine
Ketamine use behind the wheel is a separate crime. Vehicle Code Section 23152(f) makes it illegal to drive under the influence of any drug that impairs your nervous system, brain, or muscles enough to affect your ability to drive. Ketamine’s dissociative and coordination effects fit that definition.
A first-offense drug DUI is typically a misdemeanor, with a minimum of 48 hours in jail, fines up to $1,000, three to five years of DUI probation, a license suspension, and mandatory DUI education. There is no numerical blood threshold the way there is for alcohol. The prosecution only has to prove impairment, which can be shown through officer observations, field sobriety test performance, and toxicology results. Repeat offenses or a DUI that causes injury carry substantially harsher penalties, including potential felony charges.
When Ketamine Use Is Legal
Legal ketamine use falls into a few recognized tracks. The original one is as a general anesthetic in surgical and emergency settings, where its fast onset and short duration are useful.8AccessData FDA. KETALAR (Ketamine Hydrochloride Injection, USP) Veterinary medicine uses it the same way, with practices required to store it in locked, DEA-approved cabinets and keep inventory logs.
The second track is esketamine, sold as Spravato, a nasal spray the FDA approved in 2019 for treatment-resistant depression in adults.9AccessData FDA. SPRAVATO (Esketamine) Prescribing Information Spravato operates under a strict Risk Evaluation and Mitigation Strategy, so it cannot be dispensed for home use. Patients self-administer the spray in a certified clinic under direct observation and are monitored for at least two hours afterward.10SPRAVATO® HCP. SPRAVATO REMS
The third track is off-label use of ketamine itself, most visibly as IV infusions and compounded oral or sublingual products for depression, anxiety, PTSD, and chronic pain. None of these uses are FDA-approved. A California physician can lawfully write an off-label prescription because a valid prescription is what state law requires, but the FDA has issued a specific warning about compounded ketamine, particularly take-home oral and sublingual formulations. The agency flagged that compounded products are not part of a REMS program, cited a 2023 report of a patient who experienced dangerously slowed breathing after taking compounded oral ketamine at home for PTSD, and identified risks that include abuse and misuse, psychiatric events, blood pressure spikes, respiratory depression, and urinary tract damage.11U.S. Food and Drug Administration. FDA Warns Patients and Health Care Providers About Potential Risks Associated With Compounded Ketamine Buying or holding ketamine supplied outside of a licensed clinic or prescription, even for a therapeutic reason, is still unauthorized possession under state law.
Extra Stakes for Healthcare Professionals
If you hold a medical license, the criminal penalties above are only part of what you face. The California Medical Board has authority under Business and Professions Code Section 2227 to revoke a physician’s license, suspend it for up to one year, impose probation with monitoring, or issue a public reprimand.12California Legislative Information. California Business and Professions Code 2227 Prescribing ketamine also requires a DEA registration, and a drug-related conviction can trigger review of that registration as well. The physician in the Perry case lost his California license alongside his federal sentence.6U.S. Department of Justice. Former Physician Who Ran Calabasas Clinic Sentenced to 2 1/2 Years Federal Prison Nurses, pharmacists, and veterinarians face parallel discipline from their own licensing boards, which means a conviction can end a career even where the criminal penalty itself is relatively modest.