Basic Definitions
Controlled substances are substances that are highly regulated by the United States government due to their potential for abuse or addiction. Regulation is employed in their manufacturing, use, handling, storage, and distribution. Controlled substances include anabolic steroids, stimulants, depressants, and hallucinogens; they are illegal to purchase, possess, or consume without a prescription (National Cancer Institute).
Stimulants are drugs that are used to speed up bodily systems. These include prescription drugs including amphetamines (Adderall) and methylphenidate (Concerta and Ritalin), which are legally prescribed to treat attention-deficit hyperactivity disorder (ADHD) (Department of Justice. Nicotine is also a stimulant. Illicit stimulants include methamphetamine, cocaine, and synthetic cathinones commonly known as “bath salts.” Consuming lower doses of illicit stimulants can result in euphoria, heighted self esteem and feeling of wellbeing, reduced appetite, and increased heart rate and blood pressure (Alcohol and Drug Foundation).
Depressants are substances that induce sleep, prevent seizures, and relieve anxiety and muscle spasms (Department of Justice). These include barbiturates including Fiorina and Pentothal. However, due to their potential for rapid dependence and tolerance by users, barbiturates have been primarily replaced by benzodiazepines in markets. These include Valium, Xanax, Ativan, and more. Alcohol is also a depressant. Individuals abuse depressants to experience euphoria, and some depressants known as “party drugs” like Rohypnol (roofies) are used to facilitate sexual assault (Department of Justice). Rohypnol is not manufactured, legally marketed, and has no medically acceptable use in the United States.
Opioids are made from the opium poppy plant and are used to relieve moderate to severe pain. Illicit opioids include heroin and fentanyl. While fentanyl is legally prescribed in the United States, it is also manufactured illicitly by itself or in combination with other substances to increase a drug’s potency as it is 50 to 100 times stronger than another opioid known as morphine. Oxycodone (OxyContin) and hydrocodone (Vicodin) are legally available with a prescription. Opioids are highly effective at relieving pain after extensive medical treatments and under the direction of a healthcare provider, but they are also very addictive.
Narcotics are substances used to treat moderate to severe pain. While these are not made from opium, these substances bind to opioid receptors in the central nervous system (National Cancer Institute).
Drug paraphernalia, according to 18.2-265.1 in the Code of Virginia, includes “all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged… for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance” (Code of Virginia).
These include kits used to grow or harvest marijuana; testing equipment to identify analyzing the strength or effectiveness of marijuana or controlled substances; scales intended to weigh marijuana or controlled substances; blenders, bowls, containers, mixing devices used with controlled substances; containers to store marijuana or controlled substances; bongs and pipes; and more (Code of Virginia).
What are substance schedules?
According to the US Department of Justice, “drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules.” The classifications are determined by their ability to be used medically, potential for abuse, and probability of causing dependence if abused.
Schedule I controlled substances have no accepted medical use or lack of accepted safety for use under medical supervision. These substances are considered to have high potential for abuse. Examples include heroin, lysergic acid diethylamide, methylenedioxymethamphetamine or “Ecstasy,” and marijuana.
Schedule II/IIN substances have high potential for abuse and can result in severe psychological or physical dependence. Schedule II narcotics include hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin and Percocet), and fentanyl (Department of Justice). Schedule II stimulants include amphetamine and methamphetamine.
Schedule III/IIIN substances have a lower potential for abuse than Schedule I and II substances and abuse can result in moderate or low physical dependence (Department of Justice). Narcotics in this classification include “products containing not more than 90 milligrams of codeine per dosage unit” such as Tylenol and Codeine. Non-narcotics include benzphetamine, ketamine, and anabolic steroids.
Schedule IV substances have a lower potential for abuse than Schedule III substances. These include alprazolam (Xanax), clonazepam (Klonopin), diazepam (Valium), and more.
Schedule V substances have lower potential for abuse than substances classified as Schedule IV. Some examples are cough preparations containing no more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC) and ezogabine, which is an antiepileptic agent that is no longer available in the United States (Department of Justice).
What should I do if I’m with someone having a drug overdose?
An overdose is a life-threatening physical reaction to drugs or alcohol; the risk of having an overdose varies by the substance. If you see someone having an overdose, seek medical attention immediately! Emergency medical services (EMS) and police have access to drugs that can counteract the effects of overdoses. Naloxone, or its brand name “Narcan,” is an opioid antagonist that rapidly reverses the effects of an opioid overdose. After administration through a nasal spray or injection into the muscle or veins, naloxone can restore normal breathing if an individual’s breathing stopped or slowed during the overdose (National Institute on Drug Abuse).
What are the penalties for possessing or distributing/possessing with intent to distribute?
According to the Code of Virginia (§ 18.2-248), possessing Schedule I and Schedule II drugs results in a Class 5 felony, which includes either imprisonment of one to 10 years or jail for up to 12 months, and/or a fine of up to $2,500.
The penalty for possessing Schedule III controlled substances is a Class 1 misdemeanor. This involves confinement in jail for up to 12 months and/or a fine of up to $2,500.
The penalty for possessing Schedule IV controlled substances is a Class 2 misdemeanor. This may include up to six months in jail and/or a fine of up to $1,000.
Penalties for possessing Schedule V and Schedule VI include a Class 3 misdemeanor with a fine of up to $500 and a Class 4 misdemeanor with a fine of up to $250, respectively.
Distributing Schedule I or II substances, or possessing with intent to distribute such substances, results in a first felony conviction. This includes five to 40 years in prison and a fine of up to $500,000. Distributing, or possessing with intent to distribute, Schedule III, IV, and V/VI substances results in a Class 5 felony; Class 6 felony; and Class 1 misdemeanor conviction respectively.
What if a law enforcement officer finds drugs in my possession?
Upon initial prosecution, an individual who is found with substances in their possession, premise, or vehicle, cannot be presumed to knowingly or intentionally possessing such controlled substances (Code of Virginia).
However, any person who is found in violation of the law, with respect to Schedule I or Schedule II controlled substances, will be guilty of a Class 5 felony. Any person besides an inmate of a penal institution or in the custody of an employee found in violation with respect to any substance with similar effects to cannabis will be guilty of a Class 1 misdemeanor (Code of Virginia).
What if I possess/distribute drugs at school?
Schools are required to notify local law enforcement if a student has committed a felony offense involving alcohol, marijuana, authentic and imitation controlled substances, or anabolic steroids.
In addition to facing criminal disciplinary action, a student will face academic action. School boards are permitted to consider expelling a student who possessed controlled substances or marijuanas on school property or during an activity sponsored by a school.
What is drug trafficking?
According to the Legal Information Institute, drug trafficking is the “illegal transporting of or transacting in controlled substances.” Under federal law, it is prohibited for an individual to intentionally or knowingly “manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”
In Virginia, conviction for drug trafficking will include a sentence between five and 40 years of imprisonment, three years of which will be a mandatory minimum term, and a fine no more than $1,000,000 (Code of Virginia).
