What is the Controlled Substances Act?

The Controlled Substances Act (CSA) encapsulates the federal government’s comprehensive efforts to regulate the manufacture, possession, dispensing, distribution, and use of specific drugs and other dangerous substances (together, controlled substances). Significant civil and criminal penalties may be imposed on anyone who violates the CSA in an unlawful manner.

The CSA has classified a large number of different products into five schedules. These controlled substances are classified according to their characteristics, which include their medicinal value, potential for abuse, public safety, and likelihood of dependence. By classifying these drugs and substances, it becomes easier to regulate or de-regulate them as necessary.

Who Has the Authority to Reclassify or Declassify a Drug or Substance?

Occasionally, the Attorney General may initiate a proceeding to regulate or transfer a drug from one schedule to another based on a scientific and medical evaluation by the Secretary of Health and Human Services and the aforementioned characteristics.

Additionally, the Attorney General may initiate such a proceeding on the petition of a “interested party,” such as the DEA, the United States Department of Health and Human Services, a drug manufacturer, a public interest group, an individual citizen, or a state or local agency.

What Substances or Drugs Are Included in the CSA Schedules?

The list of different types of drugs and substances covered by the CSA’s five schedules is fairly exhaustive, but they generally fall into a few easily identifiable larger groups. Among the products in this category are the following:

• Heroin, methadone, morphine, opium, and fentanyl are all examples of narcotics.
• Cocaine, amphetamines, and methamphetamines are stimulants.
• GHB, rohypnol, and benzodiazepines are all examples of depressants.
• LSD, peyote, and ecstasy are all hallucinogens.
• Other substances include marijuana, steroid anabolic steroids, and inhalants (basically, household products such as spray paint, felt markers, or anything else that emits chemical vapors and can be inhaled for psychoactive effects).

The schedules are ranked from most dangerous to least dangerous (i.e., lowest medicinal value and greatest potential for abuse) (most medical value and least potential for abuse). More precisely:

Drugs and substances classified as Schedule I have no currently accepted medical use and a high potential for abuse and dependence. They include well-known substances such as heroin, ecstasy, and marijuana.

• Schedule II drugs and substances have a lower abuse potential than Schedule I drugs and substances and some accepted medical uses. They do, however, carry a high risk of psychological or physical dependence. Vicodin, cocaine, and oxycontin are just a few examples.
• On the other hand, while schedule III drugs and substances are still considered dangerous in comparison to schedules IV and V, they have a lower potential for abuse and also have some medically accepted uses.
• They pose a risk of physical or psychological dependence on a moderate to low level. Codeine, anabolic steroids, and testosterone are all Schedule III substances.
• When compared to schedules 1-3 controlled substances, schedule IV drugs and substances are considered to have a low potential for abuse.
• When compared to other drugs and substances, they have a recognized medical use and a low risk of developing dependence. Valium, Ambien, and Xanax are classified as Schedule IV medications.
• When compared to other scheduled drugs and substances, Schedule V drugs and substances have the lowest potential for abuse. They have a recognized medical use and, in comparison to other Scheduled Controlled Substances, a low risk of physical or psychological dependence.
• They contain trace amounts of narcotics. Cough medications are classified as Schedule V.

How is the CSA used to regulate drugs?

The CSA requires manufacturers, distributors, and dispensers of certain controlled substances to register them. The regulations determine whether registration of these products is in the public interest and establish the most stringent safeguards appropriate for the product’s schedule.

Essentially, manufacturers, distributors, and dispensers, as applicable, are required to implement effective safeguards (i.e. labeling, packaging, and record keeping) to prevent the controlled substance from being unlawfully diverted.

Additionally, the CSA makes it illegal to possess a controlled substance with the intent to distribute it or to be in possession of a controlled substance without authorization. It imposes penalties on the seller and the drug user based on the scheduled (i.e. type and quantity) drug or substance.

Additionally, your motivation for possessing the controlled substance will be considered. For instance, whether you intended to sell the drugs or to use them personally can make a difference. In general, personal possession of a controlled substance carries a lighter sentence than possession with the intent to sell. Anyone found in violation of the CSA may face jail time and fines.

Do I Need a Lawyer if I’m Charged with a Controlled Substances Offense?

If you are facing charges under the Controlled Substances Act, you should consult a local drug attorney. A lawyer will explain your rights and assist you in mounting a vigorous defense against the charges.