What Do Drug Schedules Mean, Anyway?

Every day in America, men and women are stopped, searched, and arrested for drug charges. It’s a major reason why our prisons are so full, and it’s a huge strain on taxpayers. However, not all drugs are created equal—and depending on what ingredients or fully-realized substances you’re caught with, your future may look dramatically different. That’s because in the United States, drugs are categorized by schedules, which can vastly change the nature of the charge.

These schedules exist because our legal system views some drugs as more harmful—both to society and to the individual—than others.

To get a better understanding of the legal system as it pertains to drugs and drug charges, it’s a good idea to brush up on which drugs fall under which categories—and why.

The basics of drug schedules

Created in 1970 as a part of the Comprehensive Drug Abuse Prevention and Control Act, drug scheduling divides “drugs, substances, and certain chemicals used to make drugs” into “five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential,” according to the DEA.

The drug schedule is used to determine both how dangerous a drug or substance is perceived to be, and how serious the nature of crimes involving the drug is. It is determined and upheld by two agencies: the DEA and the FDA.

The five categories are broken down as such:

• Schedule I substances are not used for medicinal purposes and are highly addictive and dangerous. This includes heroin, LSD, and, MDMA.
• Schedule II substances may be used for medical reasons, although there are restrictions regarding their usage. They have a high potential for abuse and dependence. Cocaine, meth, and oxycodone are all included in this schedule.
• Schedule III substances have a medical purpose and place users at less of a risk for developing an addiction.  Anabolic steroids and ketamine both fall under this schedule.
• Schedule IV substances have an even lesser risk of addiction but still have the potential for abuse, though they may be used recreationally. This schedule includes barbital and diazepam. 
• Schedule V substances are most often used for medical reasons but, under the wrong circumstances, may still be dangerous. This includes cough suppressants and Pyrovalerone, which is often used as an appetite suppressant.

Problems with drug scheduling

If you noticed that marijuana was missing from that list, you’re correct—because cannabis is somewhat of a special circumstance. Marijuana is technically a Schedule I drug, despite copious evidence that it is (at best) moderately addictive and has a high degree of medical usefulness. Add in the fact that it’s legal in more than one state, and this drug schedule begins to make less and less sense.

Unfortunately, this points to a major problem with the drug schedule; under the current U.S. law, marijuana is legally viewed as more dangerous than cocaine or meth, and growing it may, under some circumstances, be treated as more serious than operating a meth lab.

Additionally, as research progresses, several other Schedule I drugs are also being tested for medical purposes. Both MDMA and psilocybin (mushrooms) have recently been the center of clinical trials to determine their effectiveness in treating depression, which could ultimately change their Schedule.

In the meantime, these drugs are considered extremely dangerous—and the punishment for having, selling, or making them remains very serious.

When you’re arrested for delivery, possession, manufacturing, or the sale of controlled substances, you may feel like your life is over. But in the hands of an aggressive, competent attorney, you can rest assured that you’ll get a fair trial and the best possible outcome. Regardless of your drug crime, know that our attorneys will fight for you.

If You’ve Been Charged with a Drug Crime in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!