Several factors can affect a criminal drug possession charge. This can include a defendant’s criminal history, quantity of drugs and the use of illegal substances. One of the largest factors that can play heavily into a drug possession charge is the categorization of an illegal substance.
Drugs have several kinds of classifications. These classifications can determine whether a drug can be used by the general public, sold in stores, prescribed by doctors or used in medical fields. Drugs often have a limited amount of use and availability depending on how people react to the substance. When substances lead to addiction, there may be less availability and higher penalties for illegal possession.
What determines a drug’s categorization? Here is what you should know:
Understanding the Controlled Substance Act
In 1970, the Controlled Substance Act (CSA) was enacted to help regulate the manufacture, importation, possession and distribution of certain substances, such as narcotics, stimulants, and steroids. The CSA places substances into five categories called schedules. These schedules are numbered I-V.
Schedule III, IV and V substances have a low potential for abuse, with Schedule III drugs having moderate to low potential for dependence out of the three. These substances can include cough medicine, Xanax, Valium, Ambien, Tylenol and testosterone. Some of these drugs can be bought over the counter while others may require a prescription.
Schedule I and II substances have the highest potential for abuse. Many of these substances can lead to severe psychological and physical dependence. Doctors are rarely allowed to use or prescribe many substances categorized as Schedule II. Schedule I drugs have no accepted medical use.
Drugs with a higher schedule can lead to harsher penalties for illegal use. Defendants may need to seek legal guidance to learn how to minimize or dismiss potential criminal charges.