Legal Question in Criminal Law in Minnesota

Re: GHB penalties

Kits containing chemicals and "recipes" for making GHB are available

on the Internet and are marketed for many uses. GHB is advertised as

an antidepressant that suppresses feelings of depression and anxiety.

It is also promoted and sold on the Internet and on the steroid black

market as an alternate to anabolic steroids for strength training, body

building, and weight control. The claims that GHB functions as an

antidepressant and that it increases muscle mass and reduces body fat

by stimulating the production of growth hormones has never been

substantiated by the U.S. Food and Drug Administration (FDA).

GHB kits contain nonregulated precursor chemicals, which are

marketed as legal health enhancers, under numerous pseudonyms,

including Sodium Oxybate, Sodium Oxybutyrate, Gamma

Hydroxybutyric Sodium Acid, Gamma Hydroxybutyric Sodium,

Gamma-OH, 4-Hydroxybutyrate, Gamma Hydrate, Somatomax PM,

Somasnit, and Gamma Hidroxibutirato. The FDA has declared any

substance containing GHB in any form to be an unapproved drug.

Currently, GHB is not a controlled substance under the Federal

Controlled Substances Act. Because of its increasing popularity and

association with sexual assault and robbery, however, GHB has been

controlled by numerous State legislatures. Several other States have

implemented criminal sanctions for the possession of GHB even

though the substance has not been controlled by their State

legislatures.

Minnesota is well behind the curve in prohibitting the uise of GHB. Currently, it is not listed as an illegal substance. However, GHB would likely be lumped with drugs of similar nature for prosecution.

Slang terms for the drug include Cherry Meth, Georgia Home Boy, Salty Water, Date Rape Drug, Grievous Bodily Harm, Liquid X and Easy Lay.