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The Controlled Substances Act classifies regulated substances into five schedules, with Schedule I being the most harmful and in need of regulation. Schedule II substances have a high potential for abuse and severe dependence, but also have an accepted medical use. The remaining schedules have progressively lower risk and potential severity of abuse. Violating anti-trafficking provisions carries the highest penalties, while possession or use of an illicit substance carries the lowest penalties.
Part of the Comprehensive Drug Abuse Prevention and Control Act, passed by the US Congress in 1970, the Controlled Substances Act divides all regulated substances into five classes, each with its own specifics. Congress’s intent in classifying substances was to make more regulation of substances deemed most harmful to society. It started with substances classified as “Schedule I” and moved down the line through “Schedule V.”
Substances in Schedule I under the Controlled Substances Act are considered to be the most harmful and in need of regulation. The law defines Schedule I substances as those that are highly likely to be abused, are not used medically in the United States, and are unsafe to use even under medical supervision. Heroin, mescaline and marijuana are examples of Schedule I drugs under the law. The classification of marijuana as a Schedule I substance is highly controversial, however, as it is widely considered to be a much less harmful drug than others typically classified as Schedule I.
Substances classified as “Schedule II” may only be dispensed to an end user by a licensed pharmacist under the direction of a physician. Schedule II substances are defined as those with a high potential for abuse that can lead to severe dependence on continued use of the substance, and there must be an accepted medical use in the United States. Some examples of substances classified as Schedule II under the Controlled Substances Act are cocaine, opium, and methadone.
The remaining programs under the Act contain substances that have a legitimate medical use in the United States and have progressively lower risk and potential severity of abuse. As a result, the penalty for the unauthorized sale, possession and use of these substances is reduced with each reduction in hours. Anabolic steroids are examples of a substance classified as a Schedule III; Xanax® is classified as a Schedule IV substance; and most cough suppressants that contain small amounts of codeine are classified in Table V.
The highest penalties under the Controlled Substances Act are typically for violating anti-trafficking provisions, which prohibit the transportation of large quantities of an illicit substance for the purpose of illegal sale. The next step is simply for the unauthorized distribution of the substance, which involves selling smaller quantities than the traffic. The lowest penalties under the Controlled Substance Act come simply from possession or use of an illicit substance.
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