Analogs of GHB and the California (& Federal) Law
By Trinka Porrata
Drug Consultant
CURRENT STATUS
Both California (Schedule II as of February 28, 1997) and Federal (Schedule I as of 3/13/00) law cover GHB and its analogs (for human consumption). Both California and Federal analog laws basically require either substantially similar chemical structure or same or similar effects.
The primary analogs of abuse today include gamma butyrolactone [GBL or 2 (3H) furanone di-hydro] and 1,4 butanediol [BD, aka tetramethylene glycol or sucol B]. GBL is a federal listed precursor and became a listed precursor in California 1-1-2000, but was already covered as an analog. These two chemicals, along with several others, have been recognized as analogs of GHB by research scientists since the early 1960’s. Numerous statements have also been issued by the FDA and DEA and the California state food and drug agency since January 1997 declaring that they are analogs of GHB and unapproved drugs.
Representative incidents of publicity include:
Mere possession of GHB analogs requires some nexus to human consumption since there are some legitimate industrial uses for them. This nexus can be demonstrated in a variety of ways and is not always as difficult as it may seem. Despite efforts to market these as weight belt or inkjet cartridge cleaners or plant food, the labeling often gives it away with directions that are clearly for human consumption, and comments such as "no aftertaste" or "in case of accidental ingestion, mint flavoring has been added" (contrary to industry standards for adding unpleasant odor or flavor to dangerous substances). Website histories will also make this connection quite clear as they often link to the upcoming new product (for example, one website which had been selling a for-human-consumption product that got busted said not to worry, that "Flower Power" would be here in a week. Flower Power, touted as a plant food supplement, was soon busted.
If the involved chemist is not trained or willing to discuss GBL or BD (or others) as analogs of GHB, an expert witness or the case agent who has attended club drug training can testify to the other half of the analog law, re same or similar effects. There is no significant difference between drinking GHB or an analog as the user will experience the identical symptoms and will urinate out GHB in any case. California Department of Justice Chemists Bill Phillips and John Bowden, along with Kathy Andrews of the DEA Western Regional Lab and other DEA chemists are familiar with the analog issue and will assist on this matter.
BACKGROUND
In 1962, Dr. Wallace Winters was working as a neuropharmacology research scientist in the Brain Research Institute at UCLA, studying the neurophysiological correlates of wakefulness and sleep in preparation for studies on the action of anesthetic agents on the brain. Dr. Winters was asked to research this substance for Wyeth Drug Company after a presentation at a national meeting about GHB as a possible transmitter for natural sleep and anesthesia (inducing sleep at low doses and anesthesia at higher doses). Anesthetic drugs were expected to induce a depressed central nervous system (CNS), not the excitation and epileptic state that he found from GHB. Thus he characterized GHB as a cataleptic (CNS excitatory) anesthetic. Wyeth withdrew their application for licensing GHB as an anesthetic based on his findings.
During his extensive research, Dr. Winters developed a list of several active and inactive GHB analogs. He divided them into straight chain analogs and lactones (closed ring) analogs. Gamma butyrolactone (GBL, aka 4-butyrolactone, 2(3H) furanone di-hydro, etc.) is listed as one of the oxygen substituted ring analogs under the lactone category. GBL is both the precursor (adding sodium hydroxide, lye, baking soda, etc., produces GHB) and an active analog (being converted in the body to GHB). There is no need to make the conversion (risking a manufacturing charge) since the effects are identical and the user actually urinates out GHB. Another active analog on his list is 1,4 butanediol (BD, aka tetramethylene glycol, sucol B), under the straight chain category, subdivision, simple and substituted alcohols. This is not a "precursor" in the sense of manufacturing, but is an analog since it is enzymatically converted by the body into GHB.
The chemicals 2,3 butanediol and 1,3 butanediol appear on Dr. Winters "inactive GHB analog" list, under the straight chain analog, subsection, substituted alcohols. While these products are not expected to produce the same intoxicating effects on the brain, they are potentially fatal. The chemical 2,3 butanediol has surfaced in a Minnesota case involving the assault of a young boy. It would be expected to produce illness effects that might incapacitate someone. Use of those chemicals would sustain a poisoning charge or, depending on the circumstances, an in lieu of GHB charge.
GBL and BD are the primary analogs of GHB being used illegally and may well make up the bulk of what is out there, at least in the internet product and supplement store product sales. A third analog has been touted on a very limited basis on the internet (and not yet identified by crime labs since most aren’t even addressing both GBL and BD yet). This one is more expensive than the others, but still not out of range considering the huge profit margin involved. Unfortunately, it is probably out there and just not being detected. Several others exist.