What Are Drug “Schedules”?
The average person does not tend to think about just how many substances they may use in their lifetime, even if they never choose to use drugs recreationally. Because science is continually inventing and refining drugs, both legal and illegal, the U.S. legal system has adopted what are known as ‘schedules’ to classify and identify controlled substances. If you have been charged with a drug offense in Florida, the ‘schedule’ of the substance involved can make a difference in your case.
State & Federal Schedules
Both the individual U.S. states and the federal Drug Enforcement Administration (DEA) have their own schedules for controlled substances, though the former tend to mirror the latter (with minor exceptions). The major difference is that the federal schedules explicitly state that a substance need not be listed as a Schedule I in order to be charged that way – any analogue to a Schedule I substance will qualify as well.
There are two factors that decide the schedule in which a controlled substance will be placed – the degree (if any) of accepted medical usage for the drug, and the potential for abuse. For example, ketamine has some limited medical usage, but has a medium-to-high abuse potential, so it is placed in Schedule III. Conversely, heroin has no medical usage and high potential for abuse, so it is classified as a Schedule I drug.
What This Means For Me
What this all means for the average person accused of a drug offense is that the higher the schedule of the substance involved in your case (or the mixture of substances), the more potentially serious your charges will be. While the weight of the substance plays a role in whether a person is charged with a misdemeanor or a felony, being stopped with 20 grams of a Schedule I substance will almost certainly result in more serious charges than being stopped with 20 grams of a Schedule V substance.
It is important to keep in mind that Florida prosecutes most drug offenses extremely aggressively – the strong majority will be tried as second- or third-degree felonies, and most have mandatory minimum sentences, meaning that someone convicted of possession, sale, or trafficking must spend a certain amount of time behind bars, with no exception. The right attorney on your side can make all the difference here.
Contact A West Palm Beach Drug Offenses Attorney
Whether a misdemeanor or a felony, a drug charge in Florida can create serious problems in your life. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. will work hard to make sure you get your day in court. Contact our office today at (561) 721-0552 to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html
