DAAPP Federal Sanctions

Title 21 United States Code (USC) Controlled Substances Act (CSA) prohibits the use of illicit drugs and actions related to the abuse of alcohol. According to Title 21 USC Part D – Offences and Penalties 841. Prohibited Acts A: Unlawful acts except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally:

To manufacture, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance or
To create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

The drugs and or other substances considered under the USC Controlled Substances Act are divided into five schedules. The schedules are updated on a yearly basis and a complete list is published annually in Title 21 Cod of Federal Regulations (CFR) 1308.11 through 1208.15. The substances are categorized or placed into their respective schedules based on

Whether they have currently accepted medical use in treatment in the U.S.;
Their relative abuse potential; and
The likelihood of causing dependence when abused.

Examples of Drugs in Each Schedule

Schedule I Controlled Substances

Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (“Ecstasy”).

Schedule II/IIN Controlled Substances (2/2N)

Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Examples of Schedule II narcotics include: hydromorphone (Dilaudid®), methadone (Dolophine®), meperidine (Demerol®), oxycodone (OxyContin®, Percocet®), and fentanyl (Sublimaze®, Duragesic®). Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine®, Adderall®), methamphetamine (Desoxyn®), and methylphenidate (Ritalin®). Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital.

Schedule III/IIIN Controlled Substances (3/3N)

Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine®), and buprenorphine (Suboxone®). Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex®), phendimetrazine, ketamine, and anabolic steroids such as Depo®-Testosterone.

Schedule IV Controlled Substances

Substances in this schedule have a low potential for abuse relative to substances in Schedule III. Examples of Schedule IV substances include: alprazolam (Xanax®), carisoprodol (Soma®), clonazepam (Klonopin®), clorazepate (Tranxene®), diazepam (Valium®), lorazepam (Ativan®), midazolam (Versed®), temazepam (Restoril®), and triazolam (Halcion®

Schedule V Controlled Substances

Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. Examples of Schedule V substances include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC®, Phenergan with Codeine®), and ezogabine.

Penalties

Penalties for violations are determined by the schedule of the drug or other substance and or sometimes specified by drug name, i.e., marijuana. A substance doesn’t have to be listed as controlled substance to be treated as a Schedule I substance for criminal prosecution. Penalties may include fines up to $10 million (for an individual) or $50 million (other than individual) or both, and or a term of imprisonment up to life.

View a full version of the Title 21 United States Code Controlled Substances Act penalties at Control and Enforcement Part D – Offenses and Penalties.