Is GHB or GBL Legal In Australia? - Criminal Defence Lawyers Australia

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Gamma-Hydroxybutyric acid (GHB) and Gamma-Butyrolactone (GBL) are central nervous system depressants sometimes used as recreational drugs, particularly within nightclub settings. However, the possession, supply or importation of GBL or GHB in Australia could result in hefty criminal penalties.

The following outlines what GBL and GHB are, their regulatory status in Australia and the potential criminal consequences for possession, supply or importation of these substances.

Click here for more on drug possession and supply laws.

Table Of Contents

What is GHB?
What is GBL?
Is GBL and GHB Legal in Australia?

What is GHB?

GHB stands for Gamma-Hydroxybutyric acid and is often known as ‘liquid ecstacy’. It is not ecstacy but is a naturally occurring substance in the body, acting as a central nervous system depressant, inducing relaxation, euphoria, and sometimes sedation. In some countries, GHB may also be provided as a medicine in the treatment for certain health conditions such as narcolepsy.

Under the Federal Standard for the Uniform Scheduling of Medicines and Poisons, GHB is classified as a Schedule 9 substance, meaning it is only available to be used for research purposes in Australia.

What is GBL?

GBL stands for Gamma-Butyrolactone and is a chemical precursor to GHB. When ingested, GBL is converted into GHB by the body producing identical psychoactive effects. GBL is also sometimes found in industrial solvents and cleaning products overseas, and has previously been allowed in Australia if in preparations for domestic or cosmetic purposes, although this is no longer the case.

Under the Federal Standard for the Uniform Scheduling of Medicines and Poisons, GBL, when in a non‑polymerised form in preparations for domestic and cosmetic use, is classified as a Schedule 10 substance, meaning it is subject to strict prohibition on supply and use in Australia.

When used as recreational drugs, both GHB and GBL are taken in small doses in order to reduce inhibitions and produce euphoria. At higher doses both GHB and GBL can induce unconsciousness and have been implicated in drink ‘spiking’ incidents designed to facilitate sexual assault.

Both GHB and GBL have a notable risk of overdose, including lethal overdose, as well as a potential to cause physical dependence and addiction.

For tailored advice on drug offences, we highly recommend speaking to one of our drug lawyers Sydney team.

Is GBL and GHB Legal in Australia?

As both GHB and GBL are strictly regulated in Australia, the possession and use of both substances is strictly prohibited, with criminal penalties attached in all Australian States and Territories.

Is GBL or GHB Legal in NSW?

The NSW Drug Misuse and Trafficking Act 1985 (NSW) classifies both GHB and GBL within its schedule of ‘prohibited drugs’. This means a person can be found guilty of possession of a prohibited drug under section 10 of the Act, if GHB or GBL is within their possession, custody or control. This offence carries a maximum penalty of two years imprisonment and/or a fine of $2,200. Similar offences apply throughout Australia.

Although the ACT has decriminalised the personal possession of small quantities of some recreational drugs, this has not included GHB or GBL, meaning the possession of such substances is still criminalised in the Territory.

In NSW, section 25 of the Drug Misuse and Trafficking Act 1985 (NSW) outlines various offences related to the supply of prohibited drugs, which include GHB and GBL The maximum penalties which apply to supply offences depend on the quantity of GHB or GBL supplied. These include:

For less than a small quantity (10 grams of GHB or GBL), a $5,500 fine and/or 2 years imprisonment if the matter is heard in the Local Court or a $220,000 fine and/or 15 years imprisonment if the matter is heard in the District Court.
For more than a small quantity, but less than an indictable quantity (50 grams of GHB or GBL), a $11,000 fine and/or 2 years imprisonment if the matter is heard in the Local Court or a $220,000 fine and/or 15 years imprisonment if the matter is heard in the District Court.
For more than an indictable quantity, but less than a commercial quantity (1kg of GHB or GBL), a $11,000 fine and/or 2 years imprisonment if the matter is heard in the Local Court or a $220,000 fine and/or 15 years imprisonment if the matter is heard in the District Court.
For more than a commercial quantity, but less than a large commercial quantity (4 kilograms of GHB or GBL), a $385,000 fine and/or 20 years imprisonment.
For more than a large commercial quantity a $550,000 fine and/or life imprisonment.

Also in NSW, if a person is in possession of GHB or GBL, and the total quantity of the products is over 30 grams (a ‘trafficable quantity’) there is a prima facie case for the offence of supply under section 25 of the Act.

Is GBL or GHB Legal in Victoria, Queensland and Tasmania?

The unauthorised sale or supply of GHB or GBL in every State and Territory in Australia constitute a serious criminal offence.

Similar provisions to the above apply in every State and Territory in Australia.

Both GHB and GBL are also regulated under federal criminal laws, which mean that they apply across all of Australia, as they are considered ‘border-controlled drugs’ under the Criminal Code Act 1995 (Cth). GBL had previously been allowed to be imported in the form of cosmetic or domestic products, however a legal change in 2023 closed that legal loophole.

Import offences depend on the quantity of GHB or GBL imported, which could constitute a general, marketable or commercial quantity. Under the Code, a marketable quantity of either GHB or GBL is 2 grams and a commercial quantity is 1 kilogram. The maximum penalties for importation offences are:

10 years imprisonment for importing less than a marketable quantity of GHB or GBL under section 307.3 of the Code
25 years imprisonment for importing more than a marketable quantity of GHB or GBL but less than a commercial quantity under section 307.2 of the Code
Life imprisonment for importing a commercial quantity of GHB or GBL or more under section 307.1 of the Code.

By Jarryd Bartle and Jimmy Singh.

Published on 23/09/2024