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Exploring Controlled Substance Schedules For Virginia Drug Crimes

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Virginia legal code includes many laws against drug crimes, ranging from possession to distribution or possession with intent to distribute. In many cases, the charges for a Virginia drug crime can fluctuate from misdemeanor to felony, depending on the schedule of the controlled substance in question. These schedules are managed by the Virginia Board of Pharmacy (the “Board”). The Board classifies controlled substances largely based on the potential for abuse and accepted medical use, if any.

Schedule I Controlled Substances

Code of Virginia Section 54.1-3445 furnishes the requirements for classifying a controlled substance under Schedule I. Under this section, the Board will classify a substance under Schedule I if the substance:

  • Has a high potential for abuse; and
  • Does not have accepted medical use in the United States or unsafe for supervised medical use.

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

  • Acid (LSD);
  • Ecstasy (MDMA);
  • Fentanyl;
  • Heroin; and
  • Peyote.

Schedule II Controlled Substances

Code of Virginia Section 54.1-3447 provides the requirements for classifying a controlled substance under Schedule II. Under this section, the Board will classify a substance under Schedule II if the substance:

  • Has a high potential for abuse;
  • Does have currently accepted medical use in the United States, with or without severe restrictions; and
  • 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:

  • Adderall/Ritalin;
  • Cocaine;
  • Methamphetamines;
  • Morphine;
  • Opium;
  • Oxycodone; and
  • Vicodin.

Schedule III Controlled Substances

Code of Virginia Section 54.1-3449 lays out the requirements for classifying a controlled substance under Schedule III. Under this section, the Board will classify a substance under Schedule III if the substance:

  • Has a potential for abuse that is less than those classified in Schedule I/II;
  • Does have a currently accepted medical use in the United States; and
  • May lead to high mental addiction or low to moderate physical addiction.

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

  • Anabolic steroids;
  • Codeine;
  • Ketamine;
  • Suboxone; and
  • Other narcotic drugs.

Schedule IV Controlled Substances

Code of Virginia Section 54.1-3451 furnishes the requirements for classifying a controlled substance under Schedule IV. Under this section, the Board will classify a substance under Schedule IV if the substance:

  • Has a potential for abuse that is less than those classified in Schedule III;
  • Does have a currently accepted medical use in the United States; and
  • May lead to limited mental or physical addiction, as compared to those classified in Schedule III.

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

  • Ambien and similar sedative drugs;
  • Ativan and similar epileptic drugs;
  • Klonopin;
  • Valium; and
  • Xanax.

Schedule V Controlled Substances

Code of Virginia Section 54.1-3453 establishes the requirements for classifying a controlled substance under Schedule V. Under this section, the Board will classify a substance under Schedule V if the substance:

  • Has a potential for abuse that is less than those classified in Schedule IV;
  • Does have a currently accepted medical use in the United States; and
  • May lead to limited mental or physical addiction, as compared to those classified in Schedule IV.

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

  • Lyrica and similar pain drugs;
  • Robitussin and similar drugs with small amounts of codeine; and
  • Other pharmaceutical drugs, often available without a prescription.

Do You Need Legal Help?

If you have legal questions about drug crime charges in Virginia, you should connect with an experienced Leesburg criminal defense lawyer. Don’t hesitate to contact the team at Simms Showers LLP for help with your case.

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