Controlled substances are legally defined as illegal drugs that have detrimental effects on citizens’ welfare and health. Because of this, federal, state and local governments regulate such substances. Anyone caught possessing drugs can be fined and incarcerated. However, not all substances are illegal in every circumstance; some are sold through dispensaries and pharmacies for legitimate medical uses. This article contains more information on controlled substance schedules and the enforcement of federal and state laws.
Schedules of Controlled Substances: Which Drugs Can Legally Be Possessed?
The US government defines controlled substances as any listed in the 1970 CSA (Controlled Substances Act). These schedules are categorized as follows:
- Schedule I-;Such substances have no medical use, hold a great potential for abuse and are generally unsafe. Included drugs include cannabis, ecstasy and LSD.
- Schedule II-;These drugs have a great potential for abuse and can cause severe dependence. Examples include oxycodone, Percocet, Adderall and methamphetamine.
- Schedule III-;These substances carry less chance of abuse but can still lead to dependency. Schedule III drugs include ketamine, suboxone and steroids.
- Schedule IV-;These drugs have a low potential of abuse and include Halcion, Versed, Valium, Ativan and Soma, among others.
- Schedule V-;These preparations have low narcotic content and limited potential for abuse.
Technically, possession of any drug listed above is illegal. However, if a substance has been properly prescribed and legally purchased, there is no violation of the law and no chance of prosecution. Drug Possession Attorneys with website can provide further legal advice on drug possession matters.
Penalties For Drug Possession
Penalties for crimes of drug possession may vary depending on the drug and its quantity. For instance, someone who is charged with possession of less than 5000 grams of cocaine will receive less time than someone who has more than 5000 grams.
State vs. Federal Drug Laws
The CSA was federally enacted, and state laws in conflict aren’t likely to be upheld by federal courts. The Constitution’s supremacy clause stipulates that federal law supersedes state law, but states have leeway in enforcing the CSA. Terms listed above are subject to broad interpretation, and the possession of any drug is subject to fines and imprisonment. If a person is facing drug charges, they should consult Drug Possession Attorneys to learn more about their legal rights and possible defenses.
