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Analysis Of Virginia Controlled Substance Schedules For Drug Crimes

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Within the domain of drug crimes under the Virginia Criminal Code, it is vital to evaluate the type of controlled substance at issue. In that vein, Virginia divides illegal drugs and other controlled substances into schedules, largely based on likelihood of abuse and potential medical use. Generally speaking, the most dangerous substances appear in Schedule I/II and carry harsh consequences for criminal violations.

Placement of Drugs in Schedule I

Code of Virginia Section 54.1-3445 provides the criteria for placing a controlled substance in Schedule I. Under this section, a drug will appear in Schedule I if:

  • The substance has a strong likelihood of abuse; and
  • The substance lacks accepted medical use or safety in the United States.

Under Code of Virginia Section 54.1-3446, Schedule I controlled substances include but are not limited to:

  • Heroin;
  • Acid (LSD); and
  • Certain opium derivatives.

Placement of Drugs in Schedule II

Code of Virginia Section 54.1-3447 provides the criteria for placing a controlled substance in Schedule II. Under this section, a drug will appear in Schedule II if:

  • The substance has a strong likelihood of abuse;
  • The substance has accepted medical use in the United States, often with severe restrictions; and
  • Abuse of the substance may lead to severe mental or physical addiction.

Under Code of Virginia Section 54.1-3448, Schedule II controlled substances include but are not limited to:

  • Cocaine;
  • Methadone;
  • Methamphetamine;
  • Phencyclidine (PCP); and
  • Raw opium.

Placement of Drugs in Schedule III

Code of Virginia Section 54.1-3449 provides the criteria for placing a controlled substance in Schedule III. Under this section, a drug will appear in Schedule III if:

  • The substance has a likelihood of abuse that is lower than Schedule I/II drugs;
  • The substance has accepted medical use in the United States; and
  • Abuse of the substance may lead to high mental addiction or moderate to low physical addiction.

Under Code of Virginia Section 54.1-3450, Schedule III controlled substances include but are not limited to:

  • Certain steroids;
  • Hydrocodone;
  • Ketamine; and
  • Vicodin.

Placement of Drugs in Schedule IV

Code of Virginia Section 54.1-3451 provides the criteria for placing a controlled substance in Schedule IV. Under this section, a drug will appear in Schedule IV if:

  • The substance has a likelihood of abuse that is lower than Schedule III drugs;
  • The substance has accepted medical use in the United States; and
  • Abuse of the substance may lead to limited mental or physical addiction as compared to Schedule III drugs.

Under Code of Virginia Section 54.1-3452, Schedule IV controlled substances include but are not limited to:

  • Rohypnol;
  • Valium;
  • Xanax; and
  • Similar sedatives.

Placement of Drugs in Schedule V

Code of Virginia Section 54.1-3453 provides the criteria for placing a controlled substance in Schedule V. Under this section, a drug will appear in Schedule V if:

  • The substance has a likelihood of abuse that is lower than Schedule IV drugs;
  • The substance has accepted medical use in the United States; and
  • Abuse of the substance may lead to limited mental or physical addiction as compared to Schedule IV drugs.

Under Code of Virginia Section 54.1-3454, Schedule V controlled substances include but are not limited to:

  • Codeine;
  • Other cough suppressants; and
  • Limited quantities of certain narcotic drugs.

Do You Need Legal Help?

For help with your case, reach out to the Leesburg drug crimes lawyers at Simms Showers LLP. We can begin assisting you right away.

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