Many drugs can help people with medical conditions, prevent diseases and relieve symptoms of illness or pain. Drugs can be bought in many stores, prescribed by doctors — and obtained legally. What determines whether someone can buy substances in a store or face criminal punishments for illegal possession? The Controlled Substance Act categorizes drugs into schedules.
Drug schedules can limit the distribution and production of certain drugs. A drug’s schedule can also play a large role in a criminal defense case. Here is what you should know:
What are the different drug schedules?
There are five drug schedules in all. Schedule III, IV and V substances can often be bought in pharmacies and other convenience stores, acquired with a doctor’s prescription or used in hospitals and healthcare facilities by medical staff. These kinds of drugs can range from cough medicine and vitamins to testosterone and Tylenol. These drugs often have low potential for abuse and dependency, with Schedule III drugs having the highest danger among those three (and the fewest prescribed uses).
Substances with high abuse and dependency tendencies are often categorized in either Schedule I or II. Some Schedule II drugs can be used in medical facilities with limited use. Schedule I drugs typically have no medical uses and are often only illegally manufactured or possessed.
Why are drug schedules important in a criminal case?
In a criminal trial, there are several factors the court will consider before charging someone with drug possession. These factors can include the type and quantity of a substance. When someone is in possession of a high-scheduled drug, such as a Schedule I or II substance, they can face harsher charges than if they were in possession of a low-scheduled drug.
Legal guidance can help people understand their defense options against drug possession charges.