Musk's ketamine use can't be questioned during OpenAI trial
US District Judge Yvonne Gonzalez Rogers barred lawyers for OpenAI and its CEO, Sam Altman, from questioning Elon Musk about alleged ketamine use while he testifies, unless stronger evidence is shown that the drug affected relevant communications.
Judge Yvonne Gonzalez Rogers said there is just not enough proof that it affected talks between Musk and OpenAI, so those questions are off-limits unless stronger evidence comes up.
The trial kicks off April 28 in Oakland.
Limited questions about Musk's Burning Man time are allowed
While the ketamine topic is out, limited questions about Musk's time at Burning Man are allowed, since OpenAI claims key conversations happened during the festival.
Also, any damages decided by the jury will only be a suggestion; the judge gets to make the final call.
What's the case about?
Musk helped start OpenAI in 2015 but left three years later. In 2024, he sued them (and Microsoft), saying they were dishonest when switching to a for-profit model last year.
OpenAI says it restructured to secure funding needed to build large AI systems. Separately, global AI investment was about $202 billion in 2025.
Musk is seeking damages reported to be as high as $134 billion (one expert estimated a range of about $79 billion to $134 billion).
Musk's ketamine use
Musk has openly shared that he used ketamine under a doctor's care years ago but has not since.
For now, this part of his past will not come up at trial unless someone brings new evidence tying it directly to his dealings with OpenAI.