The Controlled Substance Act (CSA) establishes a federal drug policy framework to help ensure many substances are legally regulated, manufactured and distributed by stores, doctors and medical facilities to avoid abuse and illegal possession. Drugs are categorized into schedules based on their severity.
If a person is arrested for illegal drug possession, then the CSA may affect the intensity of criminal charges based on a drug’s schedule. To understand what type of charges a person would face for illegal drug possession, it is often important to learn more about drug schedules. Here is what you should know:
What are drug schedules?
Drug schedules determine where a substance can be manufactured and sold and whether there are any medical uses. Not all substances are legally obtainable even in medical and research fields. This is because some substances pose a significant health threat and can lead to severe abuse and physical and mental dependence. There are five total drug schedules, including:
- Schedule I: Drugs with the highest risk of abuse include heroin, LSD and fentanyl.
- Schedule II: Drugs with a significant risk of abuse include cocaine, codeine and methamphetamine.
- Schedule III: Drugs with a moderate risk of abuse include steroids and ketamine.
- Schedule IV: Drugs with a slightly higher risk of abuse include Xanax, Valium and tramadol.
- Schedule V: Drugs with the lowest risk of abuse include cough medication.
Schedule V and IV substances can be bought over the counter. Drugs categorized as Schedule IV and III may require a prescription provided by a doctor. Medical facilities are typically allowed to use Schedule III substances for patients and, in some rare cases, Schedule II substances. However, there are no approved medical uses for Schedule I substances, carrying the highest restrictions.
What courts look for during drug possession cases
A court may consider the severity of a substance that a defendant possessed at the time of an arrest. Possession of higher-scheduled drugs can lead to federal charges, imprisonment and maximum fines. Possession of large quantities of scheduled drugs may lead to drug trafficking charges. If you are facing charges due to drug possession, a strong legal defense is necessary.