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 a misdemeanor punishable by up to a year in county jail, and selling it or possessing it for sale can be charged as a felony carrying state prison time. If you are asking whether ketamine is illegal in California, the short answer is that the drug itself is not banned, but any use outside a prescription or a licensed clinical setting is a crime.
How California Classifies Ketamine
California Health and Safety Code Section 11056 lists ketamine as a Schedule III controlled substance, the same tier as anabolic steroids and certain barbiturates.1California Legislative Information. California Code HSC 11056 Schedule III means the drug has a recognized medical use but is considered to carry a moderate risk of physical dependence or a high risk of psychological dependence.
That classification is what creates the split you see in every ketamine case. The drug can be lawfully prescribed, administered, and stocked by licensed providers. Everything else — buying it on the street, holding someone else’s supply, sharing it, selling it — is criminal.
Penalties for Possession Without a Prescription
Simple possession of ketamine without a valid prescription is charged under Health and Safety Code Section 11377, which covers non-narcotic Schedule III through V substances. It is a misdemeanor, and the maximum sentence is one year in county jail. The statute also permits a fine of up to $70, and the judge must consider your ability to pay before imposing it.2California Legislative Information. California Health and Safety Code 11377 Courts often add probation with conditions such as drug counseling or community service.
There is one situation where simple possession becomes a felony. If you have a prior conviction for a serious or violent felony, or you are required to register as a sex offender, the charge can be punished under Penal Code Section 1170(h), which allows a state prison sentence.2California Legislative Information. California Health and Safety Code 11377 For anyone without that record, possession stays a misdemeanor regardless of amount.
One boundary worth flagging: Proposition 36, passed in November 2024, created “treatment-mandated felonies” for repeat drug possession, but the law targets fentanyl, heroin, cocaine, and methamphetamine. Ketamine is not on that list, so Prop 36 does not change how ketamine possession is charged.
Penalties for Selling Ketamine or Possessing It for Sale
Sale and possession for sale are handled under a separate statute written specifically for ketamine, Health and Safety Code Section 11379.2. It is a wobbler, meaning prosecutors can file it as either a misdemeanor or a felony depending on the circumstances.3California Legislative Information. California Health and Safety Code 11379.2
- As a misdemeanor: up to one year in county jail.
- As a felony: 16 months, two years, or three years in state prison, plus potential fines up to $10,000.
Factors that push a case toward the felony end include the quantity involved, packaging materials or large amounts of cash, prior criminal history, and offenses near a school or involving minors. If you are reading the statutes yourself, note that Health and Safety Code 11378 — the general possession-for-sale statute for most Schedule III substances — explicitly excludes ketamine and routes those cases to 11379.2.4California Legislative Information. California Health and Safety Code 11378 Applying the wrong section is a common mistake.
Federal charges are 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, along with surrendering his medical license.5U.S. Department of Justice. Former Physician Who Ran Calabasas Clinic Sentenced to 2 1/2 Years Federal Prison
Diversion for First-Time Possession
A first-time possession charge does not have to become a conviction. California’s pretrial diversion program under Penal Code Section 1000 lists Health and Safety Code 11377 as a qualifying offense, so ketamine possession is eligible.6California Legislative Information. California Penal Code 1000 Complete the required drug education or treatment program, and the charges are dismissed.
Eligibility has real limits. You generally need no prior drug convictions and no felony convictions in the past five years, the charge has to involve personal use rather than sale or distribution, and the offense cannot involve violence or threats of violence. Diversion is not available on a HSC 11379.2 sale or possession-for-sale charge.
Driving Under the Influence of Ketamine
Using ketamine and then driving is prosecuted under Vehicle Code Section 23152(f), which makes it illegal to drive under the influence of any drug that impairs the nervous system, brain, or muscles enough to affect driving. Ketamine’s dissociation, impaired coordination, and altered perception fit that definition.
A first-offense drug DUI is typically a misdemeanor. Penalties include 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 numeric legal limit for ketamine in the blood; the prosecution has to prove impairment. Repeat offenses or a DUI that causes injury carry sharply higher penalties, including potential felony charges.
Extra Exposure for Healthcare Professionals
Licensed providers face professional discipline on top of any criminal case. The California Medical Board has authority under Business and Professions Code Section 2227 to revoke a physician’s license, suspend it for up to a year, impose probation with monitoring, or issue a public reprimand.7California Legislative Information. California Business and Professions Code 2227
Prescribing ketamine also requires a DEA registration, which can be reviewed after any drug-related conviction. In practice, a physician convicted of improperly distributing ketamine can lose both the DEA registration and the state medical license at once. The Perry case physician’s surrender of his California license in 2025 shows how quickly that can move once criminal charges are filed.5U.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.
When Ketamine Use Is Legal
Ketamine has two clearly lawful medical uses in California. The first is its original FDA-approved role as a general anesthetic, marketed as Ketalar and used in surgical and emergency settings.8U.S. Food and Drug Administration. Understanding Current Use of Ketamine for Emerging Areas of Therapeutic Interest It is also widely used in veterinary anesthesia.
The second 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 runs under a Risk Evaluation and Mitigation Strategy (REMS) program that bars home use. Patients self-administer the spray inside a certified clinic under direct observation and stay monitored for at least two hours afterward.10SPRAVATO® HCP. SPRAVATO REMS
The gray area most Californians run into is the growing market of off-label ketamine infusions and compounded ketamine for depression, anxiety, PTSD, and chronic pain. None of these are FDA-approved for any psychiatric condition.11U.S. Food and Drug Administration. FDA Warns Patients and Health Care Providers About Potential Risks Associated With Compounded Ketamine A California physician can still legally prescribe ketamine off-label, because a valid prescription is what state law requires. What is not lawful is possessing or using ketamine outside that prescription and clinical framework, no matter how routine the underlying practice has become.