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In the UK, Ketamine is not a controlled substance
under the Misuse Of Drugs Act. This does not make it a legal high.
It can only be obtained by a doctor's prescription. So if you were
arrested with Ketamine, you could be prosecuted under the Medicines
Act for supply without a licence.
UK police have had some success prosecuting under
"conspiracy to offer to supply MDMA" laws.
in the US
In August 1999, after a high profile campaign and its demonisation
as a 'date-rape' drug, Ketamine became a Schedule III controlled
substance in the United States, federally illegal to possess without
a licence or prescription. (1)

1. Ketamine: Dreams &
Realities p. 39
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