Transcript Drug Scheduling

Controlled Substances
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Controlled substances are drugs or other substances
that are controlled under the Controlled Substances
Act (CSA). This act categorizes all substances which
are regulated under federal law into “schedules,”
depending on how hazardous they are. The
schedule the drug is placed under depends on it’s
medical use, it’s potential for abuse, and it’s safety
or how easily people become dependent on it.
Drug Scheduling
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The Comprehensive Drug Abuse Prevention and Control
Act was made law in 1970. Title II of this law, the
Controlled Substances Act, is the legal foundation of
narcotics enforcement in the United States. The
Controlled Substances Act regulates the manufacture,
possession, movement, and distribution of drugs in our
country. It places all drugs into one of five schedules, or
classifications, and is controlled by the Department of
Justice and the Department of Health and Human
Services, including the Federal Drug Administration.
What is a Drug Schedule?
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The five “schedules” of drugs should not be
confused with the five “classes” of drugs, a different
way of organizing drugs according to their main
properties. The five classes of drugs are narcotics,
depressants, stimulants, hallucinogens, and anabolic
steroids.
Why Create a Drug Schedule?
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Careful consideration has gone into this
categorization. The control of drugs through law
exists to protect people from the harm that these
drugs can do. It is based on research from many
different sources into the potential harmfulness of
the drug, both to individuals and to society.
Schedule I Drugs
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High Abuse Potential, No Medical Use, Unsafe
Schedule I drugs or substances have a high
potential for abuse. They have no currently
accepted medical use in treatment in the United
States, and there is a lack of accepted safety for
use of the drug or other substance under medical
supervision.
Examples of Schedule I substances include heroin,
lysergic acid diethylamide (LSD), marijuana, and
methaqualone.
Schedule II Drugs
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High Abuse Potential, Medical Use, Severe
Dependence Risk
Schedule II drugs or other substance also have a high
potential for abuse. They differ from schedule I drugs in
that they do have a currently accepted medical use in
treatment in the United States or a currently accepted
medical use with severe restrictions. Abuse of schedule II
drugs may lead to severe psychological or physical
dependence.
Examples of Schedule II substances include morphine,
phencyclidine (PCP), cocaine, methadone, and
methamphetamine.
Schedule III Drugs
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Lower Abuse Potential, Medical Use, Moderate or
Low Dependence Risk
Schedule III drugs or other substances have less
potential for abuse than the drugs or other substances
in schedules I and II. They have a currently accepted
medical use in treatment in the United States. Abuse of
the drug or other substance may lead to moderate or
low physical dependence or high psychological
dependence.
Examples of Schedule III substances include Anabolic
steroids, codeine and hydrocodone with aspirin or
Tylenol®, and some barbiturates.
Schedule IV Drugs
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Relatively Low Abuse Potential, Medical Use, Limited
Dependence Risk
The drug or other substance has a low potential for
abuse relative to the drugs or other substances in
Schedule III. The drug or other substance has a currently
accepted medical use in treatment in the United States.
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.
Examples of drugs included in schedule IV are Darvon®,
Talwin®, Equanil®,Valium®, and Xanax®.
Schedule V Drugs
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Relatively Lower Abuse Potential, Medical Use,
Limited Dependence Risk
The drug or other substance has a low potential for
abuse relative to the drugs or other substances in
Schedule IV. The drug or other substance has a currently
accepted medical use in treatment in the United States.
Abuse of the drug or other substances may lead to
limited physical dependence or psychological
dependence relative to the drugs or other substances in
Schedule IV.
Examples of Schedule V drugs are cough medicines
with codeine.
What are Drug Laws?
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Many addictive drugs are “controlled substances,”
which means that there are laws in place that
control the use, and even possession of these drugs.
People who use these drugs are vulnerable to
getting into legal difficulties as a result. Laws vary
from state to state, and jurisdiction to jurisdiction, as
do the penalties for breaking these laws.
“Simple” Possession of Drugs
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Simple possession of drugs can mean you actually
possess the drug in a small enough amount to imply
personal use.
Possession laws also apply when you don't actually
have literal possession of the drug, but you have
control over what happens to the drug, for example,
you have the key to a locker which contains the
drug, or if you have drugs stored in your car.
“Trafficking” of Drugs
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Trafficking of drugs generally refers to the
distribution or selling of drugs, commonly known as
drug dealing. It also includes the growing or
manufacturing of drugs, for example, growing
cannabis or making methamphetamine. Trafficking
also includes possession with intent to supply, which
generally applies when you possess larger amounts
of drugs than would be expected for personal use.
“Trafficking” of Drugs (cont.)
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Importing and exporting of drugs are also a form
of trafficking, so if you take drugs on holiday with
you, it would be trafficking, not simple possession,
even if it was for your own personal use.
“Trafficking” of Drugs (cont.)
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The amount of a drug you possess is important -– if you
possess a large amount of the drug, it can be understood
that there is an intent for you to supply the drug to other
people. This is much more serious than if you possess a small
amount of a drug, which appears to be for personal use.
You should bear this in mind – you may be tempted to
purchase a larger amount of a drug for personal use, in
order to save money or to share with friends. If you are
found with a larger amount in your possession, you may be
seen as possessing with intent to supply, even if it is really
for your own use. If you intend to share it with friends, the
situation gets worse, as it is not for personal use.
Possession of Drug-Related Items
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There are also laws prohibiting substances which
can be used to cultivate or manufacture drugs, and
paraphernalia which is used to consume drugs, such
as crack pipes and syringes.
Where You Are When Possessing Drugs
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The laws also take into consideration where you
have possession of drugs, and in particular, whether
you are at or near somewhere where there are
vulnerable people, such as a school or daycare. The
seriousness of the possession charges increase in
places like this.
What Are My Rights If I Am Arrested?
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The Right to Information
You have the right to be informed of your basic
rights before being interrogated. This will normally
be done verbally. However, you can be arrested
without having your rights read to you. This is why it
is a good idea to know your rights ahead of time.
What Are My Rights If I Am Arrested?
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The Right to Silence
You have the right to remain silent. This means you don’t
have to say anything, even if you are interrogated. You
should be informed that if you do say anything, it can
be used against you in court. For this reason, it’s a good
idea not to say anything until you have spoken with
your lawyer.
However, police are allowed to ask routine questions
like name, address, date of birth, and Social Security
number to identify you, and to give alcohol and drug
tests without warning, although you can refuse to
answer questions during the tests.
What Are My Rights If I Am Arrested?
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The Right to an Attorney
You have the right to have an attorney present now and during any
future questioning. An attorney is a lawyer, who will help the court
understand what you did, and help you put together a defense case.
This is a way of explaining what you did, why you did it, and
whether there were understandable reasons for doing so.
If you cannot afford an attorney, one can be appointed to you free
of charge. It is important you understand this right, because lawyers’
fees are expensive, and people with addictions often have limited
funds available. Without understanding this right, you might feel you
can’t afford a lawyer to represent you. You have the right for a
break in questioning until your lawyer can be present.
What Is a Drug Court?
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Drug courts are specialized courts which deal with
drug-related offenses. Recognizing the need for
treatment services rather than simply punishment for
drug offenders, drug courts promote the community
monitoring and treatment of people who commit
drug-related crimes, rather than imprisoning them.
What Is a Drug Court?
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Drug courts are a fairer way of responding to the
growing problem of drug use in our communities.
Because the courts recognize the need for treatment
rather than punishment, people are given support
when they need it most.
What Is a Drug Court?
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Drug courts are also a cost-effective way of
responding to drug-related crime. Jail is more
expensive than treatment, and much less effective in
rehabilitating offenders. They also reduce costs to
victims (and reduce the overall number of victims),
and welfare costs after treatment is completed.
They also encourage people to complete treatment,
as a requirement of the court. This can make being
caught for a drug-related crime a positive incentive
to turn your life around.
What Is a Drug Court?
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Pros
Drug courts provide an integrated approach of legal, healthcare and social
systems.
Drug courts recognize that drug offenses are not simply crimes to be punished -–
they are an indication of a complex set of problems affecting an individual, who
needs help to become a law-abiding citizen.
Drug courts may offer help in terms of job skill training, family/group counseling,
and many other life-skill enhancement services, as well as substance abuse
treatment.
Drug courts provide a more effective way of managing drug-related offenses than
regular courts.
Research has shown that drug courts substantially reduce crime by lowering rearrest and conviction rates among drug court graduates well after program
completion.
Cons
There are not enough drug courts. While currently around 2,000 drug courts are in
the United States, there are 3,143 U.S. counties.
Drug courts vary according to local capacity.