Sold as a solvent, charged as a drug.

On 14 August 2026 it was reported that detectives had executed a search warrant at an apartment in Melbourne's bayside on 6 August and located about 12 litres of a liquid suspected to be 1,4-butanediol, described as an alternative to GHB. Police also seized quantities of cocaine, ketamine, methylamphetamine, cannabis and hashish. Four people were arrested. One was charged with two counts of trafficking a commercial quantity of 1,4-butanediol and remanded to appear in the County Court of Victoria. The substance is to undergo forensic analysis to confirm what it is.

These are allegations. The charges have not been tested. The matter is before the court and each person is presumed innocent. This article is about the law that sits behind a charge like this, not about the people charged. It answers the questions people search when a "GHB alternative" or a "solvent" is seized and treated as a drug, and it does so for NSW, the ACT and the Commonwealth, which are the jurisdictions this firm works in.

Is GHB illegal in Australia?

Yes. GHB is gamma-hydroxybutyric acid, known on the street as G, fantasy, or liquid ecstasy. It is a prohibited drug in NSW, listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). It is a controlled drug and a border-controlled drug under the Commonwealth Criminal Code, and a controlled drug in the ACT. So possessing it, supplying it, making it or bringing it into the country are all offences, at both State and federal level.

GHB is usually sold and used as a liquid, in small doses measured in millilitres. That matters at the charge stage, because the law measures the quantity of the substance, not the dose. A person carrying a bottle can be well over the threshold that turns a possession charge into a supply charge without thinking of it in those terms.

Are GBL and 1,4-butanediol illegal, or are they just solvents?

Both are real industrial chemicals. Gamma-butyrolactone (GBL) and 1,4-butanediol are solvents used in making plastics and other products. The reason the law treats them as drugs is simple chemistry. When a person swallows GBL or 1,4-butanediol, the body converts it into GHB. The effect on the person is a GHB effect, and often a more dangerous one, because these substances act more slowly and a user who feels nothing may take a second or third dose and overdose.

In NSW, Parliament dealt with this by naming them. GBL and 1,4-butanediol were added to Schedule 1 of the Drug Misuse and Trafficking Act 1985 by an amendment in 2006. Since then they have been prohibited drugs in their own right in NSW, alongside GHB. A person does not need to have GHB itself to be charged. Having the solvent that turns into GHB is enough.

The Commonwealth has done the same thing at the border. GBL is a border-controlled drug, and 1,4-butanediol was added as a border-controlled drug in 2024. The Australian Federal Police and the Australian Border Force have run targeted operations against imports of both, warning that a chemical marketed for legitimate industrial use is being ordered online as a GHB substitute. For the AFP's own account of that work, see the national operation targeting GBL and 1,4-butanediol.

What is a drug analogue, and why does it matter?

GBL and 1,4-butanediol show a pattern. People who make and sell drugs change the molecule to stay ahead of the list. If the law only banned named substances, every new tweak would be legal until Parliament caught up. Analogue laws close that gap. An analogue is a substance with a chemical structure similar to a drug that is already banned.

The clearest analogue rule in Australia is federal. Section 301.9 of the Commonwealth Criminal Code defines a drug analogue of a listed controlled drug, and the definition of a controlled drug and a border-controlled drug takes in their analogues. In plain terms, if a substance is structurally close enough to a listed drug, it is treated as that drug for the purpose of the import, possession and trafficking offences, even though it is not named anywhere.

The State Acts work differently. They mostly proceed by naming substances, which is why NSW added GBL and 1,4-butanediol by amendment rather than relying on an analogue formula. The NSW Act does extend a charge in a related way. Under section 4 of the Drug Misuse and Trafficking Act 1985, a reference to a prohibited drug includes any preparation, admixture, extract or other substance that contains any proportion of the drug. So a diluted or mixed product is still the drug. The result across the country is the same. Whether by naming, by the analogue formula, or by the mixture rule, the law reaches a substance that is designed to do the same job as GHB.

Analogue and identity questions are not just theory. What a substance is, and whether it meets the statutory definition, is a chemistry question that a defence lawyer can test. The certificate of analysis is one of the first documents to examine.

What are the penalties for GHB and its analogues in NSW?

Possession of GHB, GBL or 1,4-butanediol is an offence under section 10 of the Drug Misuse and Trafficking Act 1985. The maximum is two years imprisonment and a fine, and most simple possession matters stay in the Local Court. Our page on possession of a prohibited drug in NSW sets out how those charges run, including the diversion options for a first offender.

Supply is the more serious charge, under section 25. The maximum depends on the quantity. Supply below a commercial quantity carries up to 15 years, though small amounts can be finalised in the Local Court with a maximum of two years. Supply of a commercial quantity carries up to 20 years. Supply of a large commercial quantity carries life. The quantity tiers for GHB are set in Schedule 1, with a traffickable quantity of 30 grams, an indictable quantity of 50 grams, a commercial quantity of one kilogram, and a large commercial quantity of four kilograms. Our page on drug supply in NSW explains the tiers and how the courts sentence them.

Because GHB and its relatives are usually liquids, the measurement question is live. Schedule 1 speaks in grams, and the weight that counts is the weight of the substance, which the prosecution must prove. A seizure of a number of litres, as in the current matter, has to be analysed and weighed before it can be placed in a tier. That analysis is contestable, and it can move a case from one tier to another.

Can you be charged with supply just for having it?

Yes, and this catches people out. Section 29 of the Drug Misuse and Trafficking Act 1985 creates what is called deemed supply. If a person has a prohibited drug and the amount is not less than the traffickable quantity, the law treats it as possession for the purpose of supply, unless the person proves that it was in their possession for something other than supply. For GHB the traffickable quantity is 30 grams.

This reverses the usual onus. On the supply element, the accused has to prove, on the balance of probabilities, that the drug was for a purpose other than supply, such as personal use. It can be done, but it takes evidence, and it is the kind of issue that should be built from the first day of a case, not raised for the first time at a hearing.

What happens if you import GBL or 1,4-butanediol?

Importing is a Commonwealth matter, and the penalties are much higher than the State possession range. Because GBL and 1,4-butanediol are border-controlled drugs, ordering them from overseas engages the import offences in the Criminal Code. Importing a commercial quantity, contrary to section 307.1, carries a maximum of life imprisonment. A marketable quantity under section 307.2 carries 25 years. Any lower quantity under section 307.3 carries 10 years.

People ordering a solvent online often do not think of it as importing a drug. The law does not care about that state of mind in the way they hope. What the prosecution must prove is intention as to the import and knowledge or recklessness as to the nature of the substance. Buying a chemical that is sold openly for industrial use, but is ordered for its GHB effect, is exactly the situation these offences were written for. For how these matters are built and run, see our notes on Commonwealth drug importation and on controlled deliveries and attempt charges.

How do the ACT and other states treat GHB?

The pattern holds around the country. In the ACT, GHB is a controlled drug and the trafficking, manufacture and possession offences sit in Chapter 6 of the Criminal Code 2002 (ACT), with quantities set in the regulation. Each State and Territory has its own drug Act with its own list and its own thresholds, and the Commonwealth border regime sits over the top of all of them. The label on a bottle does not decide the question. What decides it is whether the substance is a listed drug, an analogue of one, or a mixture that contains one.

A person can face State and Commonwealth charges on the same facts, for example an import charge and a State supply charge. The two do not cancel out. They are decided under different Acts, in different courts, and a defence has to deal with both.

Where these cases are won and lost.

A GHB or analogue case turns on a small number of documents. The certificate of analysis says what the substance is and how much of it there is, and it decides both the identity question and the tier. The seizure record shows where the substance was and who it can be tied to. Where supply is deemed, the case turns on the account of purpose the accused can prove. Where import is charged, the case turns on what the accused knew about the parcel. Each of these is a point a defence can press.

Role matters at sentence. A person at the bottom of a chain, holding or moving a substance for others, sits far below a person who organised a supply or an import. Pinning down the real role, on the evidence, is much of the work in a plea. Where a person pleads guilty, an early plea attracts a discount, and on a Commonwealth charge cooperation can reduce a sentence as well. Those are decisions to make with advice, not on the run.

What to do if you are charged.

If police contact you about GHB, GBL, 1,4-butanediol or any substance said to be a drug, or if they execute a search warrant, the first hours matter. You must give your name and address. You do not have to answer questions about the offence, and in a matter that could involve supply or import you should not do so before you have spoken to a lawyer. Ask for a lawyer and stay silent on the substance. Our guides on what happens in a police interview and what to do after a search warrant set out your rights.

Do not assume that because a substance was legal to buy, or was sold as a solvent, there is no case. The whole point of the analogue and border-control rules is that the marketing does not decide the charge. If you or a family member has been charged with a drug offence involving GHB or one of its relatives, get advice early. Identity, quantity and purpose are all live, and the earlier they are worked on the better.

Frequently asked.

Is GHB illegal in Australia?

Yes. GHB (gamma-hydroxybutyric acid) is a prohibited drug in NSW under Schedule 1 of the Drug Misuse and Trafficking Act 1985. It is a controlled drug and a border-controlled drug under the Commonwealth Criminal Code, and a controlled drug in the ACT. Possessing, supplying, manufacturing or importing it is an offence.

Are GBL and 1,4-butanediol illegal, or are they just solvents?

Both are industrial solvents, but the law treats them as drugs because the body converts them into GHB. In NSW, gamma-butyrolactone (GBL) and 1,4-butanediol were added to Schedule 1 of the Drug Misuse and Trafficking Act 1985 in 2006, so they are prohibited drugs in their own right. Both are border-controlled drugs under the Commonwealth Criminal Code, with 1,4-butanediol added in 2024.

What is a drug analogue?

A drug analogue is a substance with a chemical structure similar to a listed drug. Under section 301.9 of the Commonwealth Criminal Code, an analogue of a controlled or border-controlled drug is treated as that drug. The point of an analogue provision is to catch a new substance without Parliament having to name it first.

What are the penalties for supplying GHB in NSW?

Supply of a prohibited drug is an offence under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). Supply below a commercial quantity carries a maximum of 15 years and a fine. Supply of a commercial quantity carries 20 years, and a large commercial quantity carries life. Small amounts can be dealt with in the Local Court, where the maximum is 2 years.

Can you be charged with supply just for having GHB?

Yes. Under section 29 of the Drug Misuse and Trafficking Act 1985 (NSW), possession of not less than the traffickable quantity is deemed to be possession for supply unless the accused proves the drug was in their possession for something other than supply. For GHB the traffickable quantity is 30 grams. This is a reverse onus that a defence lawyer works to discharge.

What happens if you import GBL or 1,4-butanediol into Australia?

Importing a border-controlled drug is a Commonwealth offence. Importing a commercial quantity under section 307.1 of the Criminal Code carries a maximum of life imprisonment. A marketable quantity under section 307.2 carries 25 years, and any lower quantity under section 307.3 carries 10 years. GBL and 1,4-butanediol are both border-controlled drugs, so an import can attract these penalties.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 14 August 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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