If a person is arrested for illegal drug possession, they could face state and federal criminal charges. A court may consider several factors before convicting a defendant for illegal drug possession.
One of the biggest factors a court may consider is a drug’s schedule. Here is what you should know:
Classification of substances under the Controlled Substances Act
A drug schedule is the classification of a substance under the Controlled Substances Act (CSA) based on the medical use, potential for abuse and dependence liability. Schedules determine whether a drug can be sold by pharmacies, used in hospitals or used recreationally. There are five different drug schedules, including:
- Schedule V: Cough medicine, Lomotil, Lyrica and antidiarrheal are considered Schedule V substances. Schedule V substances have the lowest potential for abuse. These drugs are typically sold over the counter in pharmacies and other convenience stores and legally carried in limited quantities.
- Schedule IV: Xanax, Ambien and Tramadol are a few types of Schedule IV substances. Schedule IV substances have a low potential for abuse. Prescriptions may be required for some Schedule IV drugs.
- Schedule III: Ketamine, testosterone and steroids are classified as Schedule III substances. Schedule III drugs are moderately dangerous and can be prescribed by doctors and used in hospitals in low dosages.
- Schedule II: Ritaline, fentanyl and oxycodone are highly dangerous drugs classified as Schedule II substances. These drugs are typically only used in hospitals.
- Schedule I: Peyote, methaqualone and heroin are some of the most dangerous known drugs with a Schedule I classification. There are no known medical uses for Schedule I substances and have the highest regulations.
A court may consider the severity and quantity of an illegal substance before convicting a person for illegal drug possession. In some cases, a drug charge may include trafficking charges if a substance was transported across state lines. Professional legal guidance can help you understand the charges you are facing and explore your legal defense options.