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What are drug schedules? How can they affect a criminal trial?

On Behalf of | Oct 23, 2024 | Criminal Defense

Under the Controlled Substance Act, substances are classified under schedules. Schedules determine how certain substances can be used based on their medical uses and the risk of how dependent users may become while using a drug. For example, some substances can be widely distributed for consumer use without prescriptions. Other substances can only be prescribed in restricted quantities, even by a physician. For some substances, a schedule will restrict a drug from being used, manufactured and distributed for any reason, including for medical use.

A drug’s schedule can severely impact a criminal trial. If a defendant is charged with drug possession or trafficking, the schedule of a drug can increase penalties, such as time behind bars and fines. A drug possession charge can limit a person’s education, housing and employment opportunities. 

When facing a drug possession charge, it can help to understand the different kinds of drug schedules. Here is how they work:

Schedule V

The lowest classification of substances is Schedule V. Schedule V drugs can include cough syrup and allergy medicine. These drugs have the lowest form of dependency and addiction. 

Schedule IV

Drugs such as Xanax and Ambien are considered Schedule IV substances. Schedule IV substances have a low potential for dependence but are higher than Schedule V drugs.

Schedule III

Drugs with a moderate potential to cause abuse are considered Schedule III drugs, which include Tylenol 3, steroids and testosterone. These substances may require prescriptions. 

Schedule II

Drugs with a high tendency to cause addiction include Schedule II drugs. Schedule II drugs include PCP, Ritalin and morphine. There are very few medical uses for Schedule II drugs.

Schedule I

The highest categorization of substances includes Schedule I drugs. These drugs have the highest form of drug use. Schedule I drugs include LSD and peyote, for example. 

Legal guidance can help defendants avoid the worst consequences of severe criminal charges — and help you understand the nature of the charges you may face.

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