Federal Drug Schedules And Penalty's

Federal Drug Schedules and Penalty's

By:

For: Criminal Law

Drugs and drug abuse have been a worldwide problem for centuries. Abusing drugs has caused unquestionable damage to civilized and uncivilized man. Drug use has been recorded throughout history for years. Thomas De Quincey's, "Confessions Of An English Opium Eater," is one of the first literary accounts of opium addiction that was written from the point of view of an opium addict, in the early 1820s. (History of opium, 2006) Opinm is a "narcotic analgesic drug" that is obtained from the unripened seedpods of the opium poppy plant. Smoking opium later became associated with Chinese immigrant communities around the world, with "opium dens" becoming notorious fixtures of many Chinatowns. (History of opium, 2006)

Now when a growing problem like drug abuse starts to become a major concern the federal and state governments steps in to take control of this epidemic. Both federal and state governments enacted their own laws to control the use of drugs. Drugs are defined as:

1. a. A substance used in the diagnosis, treatment, or prevention of a disease or as a component of a medication.

b. Such a substance as recognized or defined by the U.S. Food, Drug, and Cosmetic Act.

2. A chemical substance, such as a narcotic or hallucinogen, that affects the central nervous system, causing changes in behavior and often addiction.

3. Obsolete a chemical or dye. (drug)

Drugs are basically recognized in two categories, legal and illegal. Legal drugs, such as alcohol and tobacco can be purchased just about anywhere, as long as you meet the proper age requirements. Also, prescription drugs are legal if they are obtained by a legally written prescription from a licensed physician. Illegal drugs such as, opium or cocaine, are obtained illegally and are used for recreational use that usually leads to addiction.

Since federal and state governments sometimes don't see "eye to eye," congress enacted the Drug Abuse Prevention and Control Act in 1970, and is also constantly referred as the Controlled Substances Act. (Chamelin et al, 2003) Its purpose was to achieve uniformity between the states and federal governments. Like every other thing to come out of congress it will go through several changes over the years. The majority of the states adopted the new version of the Controlled Substances Act in 1994. (Chamelin et al, 2003) The new version had only minor changes from the previous one.

An analysis of the Controlled Substances Act shows how the classification of drugs is broken down into five schedules. The requirements of each schedule are:

1. Schedule I. - (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

2. Schedule II. - (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.

3. Schedule III. - (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules II and I. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.

4. Schedule IV. - (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III.

5. Schedule V. - (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV. (Schedules of controlled substances)

Drugs listed in the schedule I class unless excepted or unless listed in another schedule, are any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

1. Acetylmethadol.

2. Allylprodine.

3. Alphacetylmathadol.

4. Alphameprodine.

5. Alphamethadol.

6. Benzethidine.

7. Betacetylmethadol.

8. Betameprodine.

9. Betamethadol.

10. Betaprodine.

11. Clonitazene.

12. Dextromoramide.

13. Dextrorphan.

14. Diampromide.

15. Diethylthiambutene.

16. Dimenoxadol.

17. Dimepheptanol.

18. Dimethylthiambutene.

19. Dioxaphetyl butyrate.

20. Dipipanone.

21. Ethylmethylthiambutene.

22. Etonitazene

23. Etoxeridine.

24. Furethidine.

25. Hydroxypethidine.

26. Ketobemidone.

27. Levomoramide.

28. Levophenacylmorphan.

29. Morpheridine.

30. Noracymethadol.

31. Norlevorphanol.