BOULTINGHOUSE
People v. BOULTINGHOUSE
Opinion
Opinion
Bedsworth, J.
Christopher Michael Boultinghouse was convicted of possessing steroids for personal use and possessing for sale gammabutyrolactone (GBL), which is listed as a controlled substance under California law. (Health & Saf. Code, § 11054, subd. (e)(3).) Because GBL is not listed as a controlled substance under federal law, Boultinghouse claims his GBL conviction violates the supremacy clause of the federal Constitution. He also alleges prosecutorial misconduct, as well as evidentiary and sentencing error. Finding no basis to disturb the judgment, we affirm.
On March 21, 2002, federal agents searched Boultinghouse’s apartment and found 54 bottles of GBL, four types of steroids and $34,500 in cash. Boultinghouse told agent Eric Ball he did not know where or when he got the GBL. He referred to it as “Renewtrient” and “Blue Nitro” and claimed it was a legal substance commonly used by bodybuilders.
At trial, Ball testified GBL was once widely available as a legal body building substance. However, he said it was banned for consumption around 2000 because it is very similar to gamma hydroxybutyric acid (GHB), a federally controlled substance. In fact, he said once GBL is ingested, it…