A U.S. federal judge has ruled that evidence concerning Elon Musk’s past use of the anaesthetic drug ketamine will not be permitted in the upcoming trial over alleged fraud involving OpenAI Inc. and Microsoft Corp. The judge’s decision narrows the scope of what jurors will consider as the case approaches trial later this spring.
The dispute centres on Musk’s claim that OpenAI breached its original mission as a non‑profit research organisation and shifted course into a for‑profit operation that benefitted Microsoft at his expense. Musk, who co‑founded OpenAI and provided about $38 million in seed funding, asserts that the company misrepresented its intent to maintain a nonprofit structure before altering its business model and entering into lucrative partnerships.
At a hearing in Oakland, California, the judge clarified that speculation about Musk’s personal drug use does not hold probative value unless there is clear evidence that such use affected his decision‑making during negotiations or strategic discussions. The ruling expressly excludes references to past ketamine use from trial evidence, indicating a strict adherence to relevance standards in the case.
OpenAI’s legal team had attempted to introduce questions about Musk’s ketamine history, suggesting that it could shed light on his state of mind in key interactions with company leaders. The judge rejected this line of inquiry, finding it insufficiently tied to the legal issues at the centre of the dispute. Reference to Musk’s attendance at the Burning Man festival and his interactions with company executives remains subject to limited discussion, but only insofar as they directly relate to the factual basis of the lawsuit.
Musk has previously acknowledged that he used ketamine prescribed by a doctor and has publicly described it in the context of treating depressive states. However, there is no indication in the court filings that any recent recreational use occurred or that formal medical evidence supports a link between the drug and his conduct relevant to the allegations against OpenAI or Microsoft.
The judge’s determination to exclude ketamine evidence removes a potentially distracting element from the trial and focuses attention on the core legal questions: whether OpenAI’s transformation away from a nonprofit entity and into a profit‑seeking organisation constituted fraud or betrayal of its founding mission, and whether Musk is entitled to significant damages as a result.
Musk’s legal strategy includes asserting damages that could reach into the tens of billions, a figure that, if endorsed by a jury, would rank among the largest in U.S. history. OpenAI and Microsoft have consistently denied wrongdoing and have criticised the methodologies used to quantify Musk’s claimed losses, with the judge noting skepticism about the reliability of some expert testimony on valuation.
With trial preparations under way, the case will now move forward centred on contractual and governance issues rather than extraneous personal matters, reflecting the judiciary’s commitment to maintaining an evidentiary framework grounded in legal relevance and factual substantiation.
