Controlled Substance Schedules

Controlled substances are classified into five categories called drug schedules. The lower the number, the more dangerous the substance and the more severe the penalty. However, a controlled substance schedule is only one factor when you are facing a potential criminal conviction.

At Erika Valcarcel, Criminal Defense Lawyer, P.A., an experienced Sarasota drug lawyer will understand how unfair drug accusations can be. Attorney Erika Valcarcel will work tirelessly to present your case in the best possible light so that your charges are reduced or dismissed, if possible. Call (941) 363-7900 now to see how a Sarasota criminal defense attorney can help protect your freedom.

What Are Drug Schedules?

Substances exist that are illegal to use, possess, produce, and sell in the United States. There are five categories of these forbidden chemicals, collectively referred to as controlled substance schedules. Each schedule is defined by the potential for dependency and whether or not the drug can be used for medical purposes.

The lower the number, the more dangerous the substance and the more severe the penalty. However, a controlled substance schedule is only one factor when you are facing a potential criminal conviction.

Schedule I Drugs

Schedule I drugs have a high potential for abuse. Therefore, except for medical cannabis, which is legal in Florida, there is no accepted medical use for Schedule I drugs.

Schedule I drugs include:

• Heroin
• Ecstasy
• Cannabis
• LSD
• Peyote
• DMT
• Psilocybin

Schedule II Drugs

Schedule II drugs have a high potential for abuse, and some accepted medical use with restrictions. People who take legally prescribed Schedule II drugs can become dependent on them and monitored by their doctors.

Some examples of Schedule II substances include:

• Morphine
• Opium
• Cocaine
• Methadone
• Adderall
• Ritalin
• Meth
• Dilaudid
• Hydrocodone

Schedule III Drugs

Schedule III drugs can be used medically in certain situations but are considered moderately addictive.

Some of the more commonly known types of Schedule III drugs include:

• Anabolic steroids
• Testosterone
• Ketamine
• Codeine

Schedule IV Drugs

Schedule IV drugs have accepted medical use with a moderate or low potential for abuse. However, it is possible to become physically or mentally addicted to Schedule IV drugs.

Schedule IV drugs include:

• Diazepam
• Barbital
• Lorazepam
• Phentermine
• Xanax
• Darvon
• Ambien
• Soma

Schedule V Drugs

Schedule V drugs have the lowest potential for abuse, a minimal likelihood of dependency, and widely accepted medical use.

Some of the different types of drugs classified as Schedule V include:

• Lomotil
• Motofen
• Pregabalin
• Pyrovalerone

Penalties for Possession of a Controlled Substance in FL

The state of Florida takes drug crimes very seriously. If you are found guilty of possession of a controlled substance, you could face harsh penalties.

The severity of the penalties will depend on many factors, such as:

• Any prior criminal record
• The type of drug
• The amount of drug
• Purpose or use – possession and personal use versus intent to traffic or sell drugs
• Where you had the drug – schools and other locations carry a higher penalty for possession and trafficking drugs

Is Possession of a Controlled Substance a Felony in Florida?

Possession can be a misdemeanor or a felony. If you are convicted of a first-degree misdemeanor, you could spend up to one year in jail and pay a fine of up to $1,000.

Felony possession charges can be either first-degree or third-degree, depending on the details of your case. Third-degree felony possession charges carry a maximum prison term of five years. They also have fines of up to $5,000.

First-degree felony possession charges are much worse. They carry a maximum prison term of up to 30 years. In addition, you could be ordered to pay fines as high as $10,000. Habitual first-degree felony drug possession offenders could even be sentenced to life in prison.

These harsh penalties mean that you should consider hiring a legal criminal defense lawyer. You will want to have as many advantages as possible when you are facing imprisonment.

Contact A Controlled Substance Lawyer in Sarasota Today

With the help of an experienced lawyer, it is possible to have your drug charges thrown out in court. One effective defense is proving that the substance did not belong to you. It might have been the case that an acquaintance snuck the drugs onto your person or into your vehicle, or perhaps the police planted it on you. Another method of getting your charges wiped out involves civil rights. For instance, if drugs were found as a result of an unlawful stop or search, the charges can be thrown out. Whichever strategy is used, hiring an attorney is essential to making your case.

If you or a loved one has been charged with a drug crime, contact an experienced Sarasota drug lawyer at (941) 363-7900. Attorney Erika Valcarcel will thoroughly investigate your case. Whether that means interviewing witnesses or conducting an independent investigation, she will make sure the court hears the entire story. She will do everything in her power to present your case in the best possible light. Let Erika Valcarcel, Criminal Defense Lawyer, P.A. help you protect your freedom by fighting for your legal rights.