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| Controlled Substance Act |
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| Powder and Crack Cocaine |
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| Metamphetamines, Ecstasy, PCP |
The Comprehensive Drug Abuse Prevention and Control Act of 1970
The Comprehensive Drug Abuse Prevention and Control Act of 1970, which is also called as the Controlled Substances Act, effectively replaced, repealed, or otherwise updated all federal laws previously enacted to regulate narcotics and dangerous drugs. Each state is still allowed to impose its own regulations pertaining to controlled substances, but the Controlled Substances Act clearly states that when there is involvement in illegal drug activity federal enforcement and prosecution shall take precedence.
When this law was presented before the U.S. Congress, its original intent was to focus on education, research and rehabilitation. It later expanded its coverage to include public health service hospitals and community health centers for drug abusers. However, the bill, at its final passage, gave strong emphasis on drug enforcement. It was the sentiment relating to law-and-order that prevailed.
Through the passage of the Controlled Substances Act, drugs are classified into different schedules which are still in use these days. These schedules are intended to regulate and/or limit access to highly addictive drugs. The Act also created a federal agency, the Drug Enforcement Agency (DEA), to oversee all aspects of illegal drugs. While the Food and Drug Administration (FDA) has the authority to decide whether a certain drug requires prescription, it is the DEA which has the final say if a drug is to be considered a controlled substance.
Under this Act, drug-related offenses include any offense that an individual commits in violation of the law's provisions. The offense may be committed directly or indirectly, when the offender raises money through the crime. It also includes any offense a person commits while he is under the influence of a controlled substance. If you are under investigation or have been charged for violation of any of the drug offenses, you must hire a qualified defense counsel to make sure that your constitutional and legal rights are not violated.
The Comprehensive Drug Abuse Prevention and Control Act of 1970 created five categories of controlled substance drugs. These categories, also known as schedules, are labeled with Roman numerals. The basis for assigning drugs to a particular schedule is the degree of their actual or potential abuse. When changes in abuse patterns occur, the Drug Enforcement Agency (DEA), the federal agency which is tasked to regulate the purchase, prescription and dispense of controlled substances, has the authority to reassign a drug to a more appropriate schedule.
Schedule I
Drugs belonging to Schedule I are highly addictive and are considered as drugs which have no medical use in the United States. You cannot acquire any of the drugs classified under Schedule I even through the prescription of a physician, because their safety and effectiveness have not been proven by the Food and Drug Administration (FDA). Examples of these drugs include marijuana, heroin, and LSD.
Schedule II
Drugs under Schedule II are also highly addictive drugs but they are approved by the FDA. There are tight restrictions on ordering and handling procedures to prevent abuse, diversion, and theft. Special prescription forms are required by some states when dispensing Schedule II drugs. While it is possible to obtain Schedule II drugs through prescription, refills are not allowed. Examples are cocaine, morphine, Ritalin, Demerol and Dexedrine.
Schedule III
Compared to the drugs in Schedule II, Schedule III drugs have lesser risk of abuse and addiction. Their ordering and handling are not as strict as those imposed upon Schedule II drugs. Refills are allowed, but only for a maximum of five times in six months. Examples include anabolic steroids, Tylenol #3, Vicodin, Marino and Meridia.
Schedule IV
The degree of addiction and abuse for Schedule IV drugs are lesser than those in Schedule III. Refill limits are similar to those in Schedule III, that is, maximum of five times within six months. Schedule IV lists all types of benzodiazepine drugs including Valium, Ativan and Xanax. Other drugs under Schedule IV include chloral hydrate, Phenobarbital, and Darvocet-N.
Schedule V
Drug abuse potential for Schedule V drugs is minimal. Medications under this schedule usually contain small traces of addictive drugs which are combined with non-addictive drugs. Robitussin AC, Poly-Histine CS, and Lomotil are just some of the examples. There are even states which allow the purchase of certain Schedule V drugs without the need of prescription. In these states, however, you must be at least 18 years old and be able to sign a registry book to obtain the drugs over-the-counter.
You may require a qualified attorney to get a more comprehensive explanation of the legal provisions governing these different drugs.