Drug Lawyer Facts: Differences of the Five Drug Schedules

Under the United States Federal drug act, the government is remitted in regulating controlled substances. They separated the substances into five categories called schedules. The categories are made for the drug’s potential for abuse, the risk to safety, and medical usage. A drug lawyer can assist with drug possession charges which may have lenient penalties but it can cause a felony relying on various factors.

The possession charges entirely change if a person is getting to sell illegal substances. This includes the type of medicine. Substances included in Schedule 1 have the absolute best potential to be abused.

Schedule I

Schedule I drugs do not have any medical utilization which suggests that it's no legal use and is merely used for drug abuse. Substances under Schedule I are considered the most dangerous. However, the federal mandated that marijuana under this schedule. Other drugs included in this category are heroin, ecstasy, and LSD.

Schedule II

Schedule II drugs still have a high level of abusing the substance. However, substances under this schedule have a bit of accepted medical value. These drugs have medical use that can be legal when prescribed by a licensed physician or certified pharmacist.

Schedule III

Schedule III drugs have an accepted medical use within the US but still have a chance of getting abused or safety concerns compared to the other first two schedules. These substances include depressants which can cause slow brain function and suppressants. A variety of these drugs are depressants like ketamine, anabolic steroids, and other appetite suppressants.

Schedule IV 

Schedule IV drugs are classified as having a lesser potential for abuse or dependence, including commonly prescription drugs like Ativan, Ambien, Valium, and Xanax.

Schedule V

Schedule V are drugs with the lowest possibility of getting abused compared to Schedule IV substances This schedule also has many uses in the medical field, such as prescription cough medicine.

Simple Possession

Simple possession of a drug generally involves a little amount of medicine that was intended for private use, instead of being purchasable for a special person. Possession is typically proven through it being present in the person’s body, belongings, or property, like having the drug in your pocket, or by simply possessing it. You can consider possessing a drug if you knew or should have known about the drugs, which they're found within things that are under your control.

The drug distribution of smaller amounts of marijuana substance is often charged with simple possession. If a person is charged with federal drug possession or a more serious charge of federal drug trafficking offense will typically depend upon the quantity of illegal substance involved. away the bigger quantity of the illicit substances can cause the prosecutor’s presumption that there is trafficking involved.

Federal Drug Possession Penalties

Federal drug possession charges are often offenses that have harsher sentences, long jail times, and heavier penalties as compared to state possession charges. Simple possession may cause a year of imprisonment, with fines of $1,000 or more. A conviction for second possession can initiate two years within the federal prison, and fines of about $2,500 or more. Any succeeding conviction may cause a minimum of 90 days within a federal facility, with up to three years in jail, and fines of up to $5,000 or more.

A federal drug conviction leads to the person to forfeit any property he or she may have. Federal drug convictions can also cause future penalties, including becoming ineligible to possess a firearm, and thus the denial of federal benefits, including student loans and scholarships.

Marijuana Possession

Even though almost half the states have decriminalized medical marijuana possession, and a few states are even adopting recreational marijuana policies, marijuana remains to be considered a Schedule I drug under federal law.

Defenses to Possession Charges

There is a selection of obtainable legal defenses when someone is charged with federal possession charges. Possible defenses include violation of Fourth Amendment search and seizure protections, show that the defendant didn’t own the drugs, or that the drugs belonged to somebody else. The defenses available will often depend on the circumstances and the facts involved in the case. A federal drug possession defense lawyer is typically ready in determining the sole and available defense strategies for your case.

There are certain minimum sentences when drug possession charges are involved but federal drug offenses are the most serious ones. With an experienced team of federal criminal defense lawyers on your side, you'll not need to face these charges alone.