There are many laws and regulations that affect drug manufacturing, distribution, and possession. One of the most important federal laws is the Controlled Substance Act (CSA). The CSA was enacted in 1970 to essentially establish a nationwide drug policy. This policy classifies substances into schedules.
If you are facing a criminal drug case, it is important to be aware of how drug schedules can affect your situation.
What are drug schedules?
Under the CSA, drugs are classified into schedules according to the severity of the substance at issue. In other words, substances that have a high potential to cause abuse and physical and mental dependence are generally subject to the harshest regulations. These regulations can limit who has a right to possess or distribute these substances.
Substances with a Schedule I categorization usually have no approved medical uses because of their high tendency for abuse. Schedule I substances can include heroin, methaqualone, and peyote.
Substances subject to serious restrictions usually have limited uses in the medical field. These substances can include ketamine, testosterone, cocaine, and oxycodone, which are often categorized as either Schedule II or III substances. People would typically have to acquire a prescription before obtaining a Schedule II or III substance.
Schedule IV and V substances have the lowest potential for abuse. These substances are subject to the fewest regulations, often obtainable in many stores without a prescription. Some common types of Schedule IV and V substances include Xanax, Valium, and cough medicine.
What other factors can affect a criminal drug case?
When someone is facing a criminal drug case, the type of schedule that was in possession or being manufactured or distributed is often scrutinized. A defendant will face harsher criminal punishments if they were in possession of Schedule I substances, for example, than if they were in possession of a Schedule V substance.
The type of drug that was in possession is not the only factor that can affect a criminal drug case. One other factor includes the quantity of a substance. If a defendant was caught distributing a large amount of Schedule II drugs, they could face trafficking charges. Even a trace amount of a Schedule V substance could lead to severe charges.
These are not the only concerns that can influence a criminal drug case, but they may be the most effective for a successful prosecution. People facing criminal charges for drug possession, distribution, or manufacturing should be aware of their legal defense options accordingly.