Have you ever been prescribed medication by a doctor? Prescription drugs, certain over-the-counter medication and other substances are managed by the Controlled Substances Act (CSA). The CSA allows your doctor to prescribe medication, pharmacies to distribute medication and facilities to sell drugs. Each drug is subject to different regulations that determine whether they can be manufactured, distributed and possessed. These factors are determined by a drug’s schedule.
A drug schedule is a categorization that is determined by the potential for addiction and abuse associated with a substance. There are five different kinds of drug schedules. Drug schedules can also impact criminal charges.
How do drug schedules impact criminal charges?
When a person is facing charges for drug crimes, a judge may consider a few factors. These factors can include the schedule of a substance and the quantity in possession. Criminal charges may be more severe depending on the schedule of a substance at issue.
For example, drugs that have a Schedule I categorization are known to have the strongest traditional association with substance abuse and dependency. Furthermore, there are generally no legal medical uses for Schedule I substances. As a result, criminal charges for possession of a Schedule I substance can lead to the harshest punishments, including maximum incarceration time and fees. By contrast, possession of a Schedule V substance can lead to lesser charges.
The quantity of a substance also impacts criminal charges. Illegal possession of even a gram of certain Schedule I substances can lead to maximum charges. Conversely, possession of a gram of a Schedule V substance may lead to lesser charges. However, possession of a large quantity of any kind of substance may lead to criminal trafficking charges.
Professional legal guidance can help defendants build a defense against criminal drug crimes in accordance with the particulars of their unique circumstances.