Drug Possession Lawsuits: Understanding The Controlled Substances Act

Possession of drugs is a serious crime

Possession of drugs is a serious crime. Federal and state laws have been enacted to prevent use of illegal drugs and drug-related crimes that outflow from drug manufacturing and trafficking.

The U.S. Drug Enforcement Administration lists the following drugs as included in the Federal Controlled Substances Act: cocaine, heroin, marijuana, MDMA (commonly known as Ecstasy), LSD, hydrocodone, inhalants, methamphetamine, OxyContin and steroids.

In 2008, almost 26,500 Drug Enforcement Administration drug possession arrests were made. During this same calendar year, 49,823.3 kilograms of cocaine, 598.6 kilograms of heroin, 660,969.2 kilograms of marijuana, 1,540.4 kilograms of methamphetamine and 9,199,693 hallucinogens dosage units were seized by the Drug Enforcement Administration. The Administration reported discovery of 6,738 clandestine methamphetamine labs in 2008, an increase of 800 laboratories over 2007. Approximately 1.7 million arrests were made nationwide by combined federal, state and local law enforcement officials for drug abuse violations in 2008.

The U.S. Department of Justice, Drug Enforcement Administration, Office of Diversion Control, maintains a list of physicians who have been investigated, arrested and prosecuted for prescribing controlled substances outside of accepted medical treatment principles.

The Controlled Substances Act classifies drugs into five different schedules. Schedule I catalogues drugs with a high potential for abuse that have no medical treatment use and a lack of safety associated with use of these drugs. Medical professionals are not permitted to write prescriptions for drugs on Schedule I. Schedule II enumerates drugs with a high potential for abuse and can cause severe dependence, which are accepted for medical treatment. Medical professionals are permitted to write prescriptions for drugs on Schedule II. Schedule III drugs fall into the same criteria as those included on Schedule II, with the exception that these drugs have less potential for abuse and the possibility of dependence is rated at low to moderate. Schedule IV drugs are noted with less potential for abuse and limited dependence than Schedule III drugs. Finally, Schedule V drugs are determined on the criteria that there is less abuse potential and chance of dependence than those of Schedule IV.

The Drug Enforcement Administration and Food and Drug Administration make the decisions on which schedules drugs are entered. The schedules fluctuate with the removal and inclusion of drugs.

by: Daniel Beasley

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