What determines whether a drug can be bought on shelves, prescribed by medical practitioners or used in hospitals? The Controlled Substance Act (CSA) is a federal law that regulates the manufacture, possession and distribution of substances.
Under the CSA, substances are placed into different categories called schedules based on whether a drug is safe for medical use and causes abuse or dependence issues. These schedules could potentially affect a drug crime case. Here is what you should know:
What are drug schedules?
There are five different drug schedules. These schedules range from low to high potential for abuse or dependency. Schedules III, IV and V drugs, such as cough medicine, Valium and steroids, typically have a lower potential for substance abuse and fewer restrictions. As such, Schedule III, IV and V substances can be sold over the counter, prescribed to patients by doctors and used to treat illnesses and serious medical conditions.
Schedule II substances, such as Ritalin and fentanyl, include some potentially dangerous drugs. These substances have many restrictions and can rarely be used outside of medical facilities. Schedule I substances, such as peyote and heroin, are the most dangerous substances and have the highest restrictions. There are no known medical uses of Schedule I drugs.
How does the CSA affect drug crime cases?
In a drug crime case for illegal possession, manufacturing, distribution or trafficking, one of the factors that can affect a criminal conviction is drug scheduling. A defendant could face harsher punishments for possessing Schedule I substances than if they were in possession of a Schedule V drug. Likewise, the punishments for a drug crime conviction could also be affected by the quantity of a scheduled substance.
If you are facing a drug crime conviction, it is important to know your legal options. Legal guidance can help you build a defense.