Drug Scheduling
Drug Scheduling
In the United States, drugs, substances, and certain chemicals are classified into five categories depending upon the drug’s acceptable medical use and the potential for abuse and dependency on the drug. These five categories are called Schedules (I through V) and are maintained by the Drug Enforcement Adminsitration (DEA) in the United States.
The abuse rate is a determining factor in the scheduling of the drug. Schedule I drugs have a high potential for abuse and the potential to create severe psychological and/or physical dependence. Generally speaking, as the classification decreases, e.g., Schedule II, Schedule III, the abuse potential also decreases. Schedule V drugs represent the least potential for abuse. A Listing of controlled substances (drugs, chemics, etc.) and their associated Schedule are located at Controlled Substance Act (CSA). These lists describes the basic or parent chemical and do not necessarily describe the salts, isomers and salts of isomers, esters, ethers and derivatives, which may be separately classified as controlled substances or be included in the definition of the parent drug. These lists are intended as general references and are not comprehensive listings of all controlled substances.
Importantly, a substance does not have to be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. Controlled substance analogues are defined in the CSA. See 21 U.S.C. § 802(32)(A) (definition of a controlled substance analogue) and 21 U.S.C. § 813 (drug schedule for analogues).
For the most part, federal drug prosecutions are concentrated on Schedule I and Schedule II controlled substances because those are the drugs that have the most potential for abuse. Among those, methamphetamine, heroin, cocaine, and fentanly are some of the most common.
Schedule I
Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. The most common examples of Schedule I drugs are heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (MDMA / ecstasy), methaqualone, and peyote.
Common Schedule I Controlled Substances:
- Heroin
- Marijuana
- Ecstasy/MDMA
- LSD
Schedule II
Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. The most common examples of Schedule II drugs are methamphetamine, cocaine, fentanly, oxycodone (Oxycontin), certain dosages of Vicodin, methadone, meperidine (Demerol), Dexedrine, Adderall, and Ritalin.
In terms of federal prosecutions, methamphetamine, cocaine, and increasinly fentanly are among the most common Schedule II controlled substances. In fact, according the the United States Sentencing Commission, methamphetamine offenses were the most common drug prosecuted in 2020. In 2020 alone, there were 7,537 federal prosecutions involving methamphetamine, which represents 45.7% of all federal drug crimes.
Common Schedule II Controlled Substances:
- Methamphetamine
- Fentanyl
- Cocaine
Schedule III
Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. The abuse potential for Schedule III drugs is less than Schedule I and Schedule II drugs but still more than Schedule IV. Examples of Schedule III drugs include products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, buprenorphine (suboxone), and testosterone.
Schedule IV
Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Examples of Schedule IV drugs include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.
Schedule V
Finally, Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Examples of Schedule IV drugs include certain cough preparations with codeine (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.