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Controlled Substance Charges in New York

Learn About Drug Classifications by a Westchester Drug Crime Lawyer

There are five schedules of controlled substances: Schedule I, II, III, IV and V as established by the Controlled Substance Act. How the schedules work are as follows:

  • Schedule I drugs are those that have a high potential for abuse, that are not currently accepted for medical use in the United States, and that have a lack of accepted safety for use of the drug or other substance under medical supervision.
  • Schedule II drugs are those that have a high potential for abuse, that are currently accepted for medical use in the United States or are currently accepted with severe restrictions and which, if abused, may lead to severe psychological or physical dependence.
  • Schedule III drugs are those that have a potential for abuse less than drugs under Schedule I or II, are currently accepted for medical use in the United States and abuse of these drugs may lead to moderate or low physical dependence or high psychological dependence.
  • Schedule IV drugs are those that have a low potential for abuse compared to drugs under Schedule III, they are currently accepted for medical use in the United States and abuse of the drug may lead to limited physical or psychological dependence compared to substances under Schedule III.
  • Schedule V drugs are those that have a low potential for abuse compared to substances under Schedule IV, they are currently accepted for medical use in the United States and abuse of the drug may lead to limited physical dependence or psychological dependence compared to substances under Schedule IV.

An example of a Schedule I drug is heroin, a Schedule II drug would include Methadone and cocaine, a Schedule III drug would include Amphetamine, a Schedule IV drug would include Barbital and a Schedule V drug could include:

  • Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams
  • Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams
  • Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams
  • Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit
  • Not more than 100 milligrams of opium per 100 milliliters or per 100 grams

For a complete list of controlled substances and their Schedules, click here. Why do Schedules matter? Besides the quantity of the drug you carried, distributed or trafficked, the factor which determines the penalties you face the most is what Schedule the drug belongs to. While distributing anabolic steroids (Schedule III) is a serious offense, you would not face nearly as harsh penalties for this offense as if you had distributed Ecstasy or LSD (Schedule I drugs).

The Law Offices of Robert Schuster can tell you which Schedule the drug that you are accused of possessing, cultivating, distributing or trafficking, belongs to, and can also inform you about what penalties you should expect if convicted. Westchester criminal defense attorney, Robert Schuster, works to ensure that every avenue is explored and all options are considered when pursuing the defense of their clients. They will do everything within their power to uphold your rights, declare your innocence, and fight for your exoneration.

Types of Controlled Substances Offenses

Robert Schuster can provide you with hard-hitting legal defense regardless of the Controlled Substance you are accused of possessing, cultivating, distributing or trafficking. He has experience handling a variety of charges which include:

  • Criminal possession of a controlled substance
  • Use of a child to commit a controlled substance offense
  • Criminal sale of a controlled substance
  • Criminally possessing a hypodermic instrument
  • Criminal injection of a narcotic drug
  • Criminal sale of a controlled substance to a child
  • Criminally using drug paraphernalia
  • Criminal possession of precursors of a controlled substance
  • Criminal sale of a prescription for a controlled substance

Contact a Westchester Criminal Defense Lawyer Today

Featured on the news for his competent legal skills and the high-profile cases he has handled, Robert Schuster is prepared to take immediate action on your case. Whether you were charged with possession of drugs, sale of drugs or another drug offense, contact The Law Offices of Robert Schuster now for a consultation over the phone with a Westchester drug crime lawyer.