--- title: "Is Ketamine Possession a Felony in California? What Prop 47 Changed" description: "Simple ketamine possession in California is a misdemeanor for most people, not a felony. Proposition 47 changed that in 2014, and only two narrow categories of prior conviction push it back up." url: "https://www.thehfirm.com/blog/ketamine-possession-california-felony-or-misdemeanor" site: "H Law Group" published: "2026-07-28T10:00:00.000Z" --- # Is Ketamine Possession a Felony in California? What Prop 47 Changed Simple ketamine possession in California is a misdemeanor for most people, not a felony. Proposition 47 changed that in 2014, and only two narrow categories of prior conviction push it back up. Category: Drug Crimes Author: Nima Haddadi -- One of top-rated California DUI and criminal defense lawyer For most people arrested with ketamine for personal use in California, the charge is a misdemeanor. A lot of what is written about this online still describes it as a felony, which was accurate before November 2014 and has not been since. The exceptions are narrow and specific. Two categories of prior conviction turn simple possession back into a felony, and possessing ketamine to sell it was never covered by the change at all. ## Where ketamine sits in California's drug schedules Ketamine is a Schedule III controlled substance in California, listed at Health and Safety Code section 11056(g)(1). The entry is short: "Ketamine. Any material, compound, mixture, or preparation containing ketamine." That placement matters because it routes ketamine into Health and Safety Code section 11377, which covers possession of Schedule III, IV, and V substances that are not narcotics. Different statutes govern different schedules, and using the wrong one is where a lot of confusion starts. ## What Proposition 47 did Before Proposition 47 passed in November 2014, simple possession under section 11377 was a wobbler that prosecutors could charge as a felony. Proposition 47 rewrote it. Under the current text of [Health and Safety Code section 11377](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=11377), simple possession is a misdemeanor punishable by up to one year in county jail. The statute preserves felony treatment in two situations, and only two. A prior conviction for an offense listed in Penal Code section 667(e)(2)(C)(iv), the set of very serious offenses often called super strikes. Or a prior conviction requiring registration under Penal Code section 290(c). If neither applies to you, simple possession is a misdemeanor regardless of how much prior contact you have had with the criminal system. An ordinary record of past drug convictions does not change it. ## Possession for sale is a different charge Health and Safety Code section 11378 covers possession for sale, and Proposition 47 did not touch it. That charge remains a felony. The difference between the two is intent, and intent is usually proven with circumstances rather than statements. Quantity relative to personal use, packaging into separate portions, scales, cash in small denominations, and messages on a phone are the sorts of things prosecutors point to. None of them is conclusive on its own, and the line between a large personal supply and an inventory is genuinely contested in many cases. ## How the charges compare - Simple possession, no disqualifying prior. Section 11377, misdemeanor, up to one year county jail. Diversion is often available. - Simple possession with a super strike prior or a section 290(c) registration prior. Section 11377, chargeable as a felony. - Possession for sale. Section 11378, felony. Not affected by Proposition 47. ## A valid prescription changes the analysis Section 11377 applies to possession without a valid prescription. Ketamine has real medical uses, as an anesthetic and, in a derivative form, in treatment-resistant depression care administered in clinical settings. A lawful prescription is a defense to the possession charge rather than a mitigating factor, and documentation of it is worth gathering early. ## Frequently Asked Questions ### Is ketamine a felony in California? Simple possession is a misdemeanor for most people following Proposition 47. It is chargeable as a felony only where the person has a prior super strike conviction under Penal Code 667(e)(2)(C)(iv) or a prior requiring registration under Penal Code 290(c). Possession for sale under section 11378 is a separate felony charge. ### Can I get drug diversion for a ketamine charge? Diversion programs are commonly available for simple possession, and completing one can result in the case being dismissed. Eligibility depends on the charge and your record, and a possession for sale charge generally falls outside these programs unless it is reduced first. ### I was convicted of ketamine possession as a felony before 2014. Can that be changed? Proposition 47 included a resentencing and reclassification process for people already convicted of offenses it reduced. Whether it reaches your conviction depends on the offense and your record, and it is worth having the file reviewed rather than assumed. ### Does the amount I had determine the charge? There is no statutory weight threshold that converts possession into possession for sale. Quantity is evidence of intent rather than the test itself, which is why these cases turn on the full set of circumstances. ## About the author Nima Haddadi is an attorney with H Law Group, a California criminal defense and DUI firm serving clients in Los Angeles and across the state. His practice includes drug offenses, from simple possession through possession for sale. > This article is general information about California law, not legal advice about your situation. Controlled substance statutes and their penalties are amended periodically, and how a section applies depends on the facts of a case and a person's record. If you are facing a drug charge, speak with a licensed California attorney. ## About Nima Haddadi Nima Haddadi is a leading California DUI and criminal defense attorney with deep expertise in handling complex cases. Known for strategic defense and courtroom strength, he is a trusted choice for clients facing DUI, felony, and misdemeanor charges. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.