Controlled Substances

Controlled substances are drugs or other substances that are controlled under the Controlled Substances Act (CSA). This act categorizes all substances which are regulated under federal law into “schedules,” depending on how hazardous they are. The schedule the drug is placed under depends on it’s medical use, it’s potential for abuse, and it’s safety or how easily people become dependent on it.

Drug Scheduling The Comprehensive Drug Abuse Prevention and

Control Act was made law in 1970. Title II of this law, the Controlled Substances Act, is the legal foundation of narcotics enforcement in the United States. The Controlled Substances Act regulates the manufacture, possession, movement, and distribution of drugs in our country. It places all drugs into one of five schedules, or classifications, and is controlled by the Department of Justice and the Department of Health and Human Services, including the Federal Drug Administration.

What is a Drug Schedule?

The five “schedules” of drugs should not be confused with the five “classes” of drugs, a different way of organizing drugs according to their main properties. The five classes of drugs are narcotics, depressants, stimulants, hallucinogens, and anabolic steroids.

Why Create a Drug Schedule? Careful consideration has gone into this

categorization. The control of drugs through law exists to protect people from the harm that these drugs can do. It is based on research from many different sources into the potential harmfulness of the drug, both to individuals and to society.

Schedule I Drugs

High Abuse Potential, No Medical Use, Unsafe

Schedule I drugs or substances have a high potential for abuse. They have no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug or other substance under medical supervision.

Examples of Schedule I substances include heroin, lysergic acid diethylamide (LSD), marijuana, and methaqualone.

Schedule II Drugs

High Abuse Potential, Medical Use, Severe Dependence Risk

Schedule II drugs or other substance also have a high potential for abuse. They differ from schedule I drugs in that they do have a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. Abuse of schedule II drugs may lead to severe psychological or physical dependence.

Examples of Schedule II substances include morphine, phencyclidine (PCP), cocaine, methadone, and methamphetamine.

Schedule III Drugs

Lower Abuse Potential, Medical Use, Moderate or Low Dependence Risk

Schedule III drugs or other substances have less potential for abuse than the drugs or other substances in schedules I and II. They have a currently accepted medical use in treatment in the United States. Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.

Examples of Schedule III substances include Anabolic steroids, codeine and hydrocodone with aspirin or Tylenol®, and some barbiturates.

Schedule IV Drugs

Relatively Low Abuse Potential, Medical Use, Limited Dependence Risk

The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule III. The drug or other substance has a currently accepted medical use in treatment in the United States. Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule III.

Examples of drugs included in schedule IV are Darvon®, Talwin®, Equanil®,Valium®, and Xanax®.

Schedule V Drugs

Relatively Lower Abuse Potential, Medical Use, Limited Dependence Risk

The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule IV. The drug or other substance has a currently accepted medical use in treatment in the United States. Abuse of the drug or other substances may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV.

Examples of Schedule V drugs are cough medicines with codeine.

What are Drug Laws?

Many addictive drugs are “controlled substances,” which means that there are laws in place that control the use, and even possession of these drugs. People who use these drugs are vulnerable to getting into legal difficulties as a result. Laws vary from state to state, and jurisdiction to jurisdiction, as do the penalties for breaking these laws.

“Simple” Possession of Drugs Simple possession of drugs can mean

you actually possess the drug in a small enough amount to imply personal use.

Possession laws also apply when you don't actually have literal possession of the drug, but you have control over what happens to the drug, for example, you have the key to a locker which contains the drug, or if you have drugs stored in your car.

“Trafficking” of Drugs

Trafficking of drugs generally refers to the distribution or selling of drugs, commonly known as drug dealing. It also includes the growing or manufacturing of drugs, for example, growing cannabis or making methamphetamine. Trafficking also includes possession with intent to supply, which generally applies when you possess larger amounts of drugs than would be expected for personal use.

“Trafficking” of Drugs (cont.) Importing and exporting of drugs are

also a form of trafficking, so if you take drugs on holiday with you, it would be trafficking, not simple possession, even if it was for your own personal use.

“Trafficking” of Drugs (cont.) The amount of a drug you possess is important -– if

you possess a large amount of the drug, it can be understood that there is an intent for you to supply the drug to other people. This is much more serious than if you possess a small amount of a drug, which appears to be for personal use.

You should bear this in mind – you may be tempted to purchase a larger amount of a drug for personal use, in order to save money or to share with friends. If you are found with a larger amount in your possession, you may be seen as possessing with intent to supply, even if it is really for your own use. If you intend to share it with friends, the situation gets worse, as it is not for personal use.

Possession of Drug-Related Items There are also laws prohibiting

substances which can be used to cultivate or manufacture drugs, and paraphernalia which is used to consume drugs, such as crack pipes and syringes.

Where You Are When Possessing Drugs

The laws also take into consideration where you have possession of drugs, and in particular, whether you are at or near somewhere where there are vulnerable people, such as a school or daycare. The seriousness of the possession charges increase in places like this.

What Are My Rights If I Am Arrested?

The Right to Information You have the right to be informed of

your basic rights before being interrogated. This will normally be done verbally. However, you can be arrested without having your rights read to you. This is why it is a good idea to know your rights ahead of time.

What Are My Rights If I Am Arrested? The Right to Silence You have the right to remain silent. This

means you don’t have to say anything, even if you are interrogated. You should be informed that if you do say anything, it can be used against you in court. For this reason, it’s a good idea not to say anything until you have spoken with your lawyer.

However, police are allowed to ask routine questions like name, address, date of birth, and Social Security number to identify you, and to give alcohol and drug tests without warning, although you can refuse to answer questions during the tests.

What Are My Rights If I Am Arrested? The Right to an Attorney You have the right to have an attorney present now

and during any future questioning. An attorney is a lawyer, who will help the court understand what you did, and help you put together a defense case. This is a way of explaining what you did, why you did it, and whether there were understandable reasons for doing so.

If you cannot afford an attorney, one can be appointed to you free of charge. It is important you understand this right, because lawyers’ fees are expensive, and people with addictions often have limited funds available. Without understanding this right, you might feel you can’t afford a lawyer to represent you. You have the right for a break in questioning until your lawyer can be present.

What Is a Drug Court?

Drug courts are specialized courts which deal with drug-related offenses. Recognizing the need for treatment services rather than simply punishment for drug offenders, drug courts promote the community monitoring and treatment of people who commit drug-related crimes, rather than imprisoning them.

What Is a Drug Court?

Drug courts are a fairer way of responding to the growing problem of drug use in our communities. Because the courts recognize the need for treatment rather than punishment, people are given support when they need it most.

What Is a Drug Court?

Drug courts are also a cost-effective way of responding to drug-related crime. Jail is more expensive than treatment, and much less effective in rehabilitating offenders. They also reduce costs to victims (and reduce the overall number of victims), and welfare costs after treatment is completed.

They also encourage people to complete treatment, as a requirement of the court. This can make being caught for a drug-related crime a positive incentive to turn your life around.

What Is a Drug Court?

Pros Drug courts provide an integrated approach of legal, healthcare

and social systems. Drug courts recognize that drug offenses are not simply crimes to

be punished -– they are an indication of a complex set of problems affecting an individual, who needs help to become a law-abiding citizen.

Drug courts may offer help in terms of job skill training, family/group counseling, and many other life-skill enhancement services, as well as substance abuse treatment.

Drug courts provide a more effective way of managing drug-related offenses than regular courts.

Research has shown that drug courts substantially reduce crime by lowering re-arrest and conviction rates among drug court graduates well after program completion.

Cons There are not enough drug courts. While currently around 2,000

drug courts are in the United States, there are 3,143 U.S. counties.

Drug courts vary according to local capacity.