THE CONTROLLED SUBSTANCES LIST EXPLAINED

The controlled substances list was created by the Controlled Substances Act (CSA) of 1970 which places all substances that were regulated in some way under federal law into one of five “schedules.” These schedules serve as different categories that controlled substances are placed under based on the substance’s medical use, potential for abuse, and safety. The five schedules and the most common drugs associated with them are:

• Schedule I: These are substances with no currently accepted medical use and a high potential for abuse. Examples of schedule I drugs include heroin, LSD, marijuana, and ecstasy.
• Schedule II: These are substances with a high potential for abuse and can lead to severe psychological or physical dependence. Examples of schedule II drugs include fentanyl, cocaine, and Vicodin.
• Schedule III: These are substances with a moderate to low potential for physical and psychological dependence. Examples of schedule III drugs include ketamine, codeine, and anabolic steroids.
• Schedule IV: These are substances with a low potential for abuse and low risk of dependence. Examples of schedule IV drugs include Xanax, Valium, and Ambien.
• Schedule V: These are substances with the lowest potential for abuse on the list of schedules. Examples of schedule V drugs are Robitussin, Motofen, and Parepectolin.

Note: these are not all the drugs that are included in the federal drug schedules. If you have specific questions about the controlled substances list, then it is important to seek the advice of an experienced federal drug trafficking attorney who can best answer your legal questions.

WHAT QUALIFIES AS A PRECURSOR CHEMICAL?

Precursor chemicals are chemicals that are known to be used in the illegal manufacture of controlled substances. Many precursor chemicals also have regular and legitimate commercial uses for things like medicines and fragrances. Norfentanyl is an example as it can be used in medical situations for anesthesia or pain management, but also in one step can produce the ultra-deadly substance fentanyl. This property has led the DEA to add norfentanyl to the same schedule II classification as fentanyl itself. This designation now makes the production and sale of norfentanyl subject to federal regulation and scrutiny. It also can take a cut out of the fentanyl trade theoretically. The DEA is authorized by federal statute to actually add precursor chemicals to the controlled substances list on their own without congressional approval. Under 21 U.S.C. 811(e), the Attorney General may place an immediate precursor into the same schedule that the immediate precursor is used to make, as long as the substance is deemed a precursor pursuant to 21 U.S.C. 802(23). This is considered an emergency measure, as the rate of deaths due to fentanyl overdoses has seen dramatic increases in recent years.

HOW DOES THIS AFFECT ME?

It is important to understand the role of precursor chemicals as they relate to the illegal drugs themselves. Precursor chemicals allow illegal controlled substances to be easily produced at home, without the need for a lab and special equipment. The race between science and law is always ongoing. When new synthetic drugs hit the black market, it often takes the law a bit of time to catch up before a significant number of people have started to use and experiment with the drugs. The DEA putting norfentanyl in the same schedule as fentanyl because of its nature as a precursor is just one example of how there are specific measures for the law to try to catch up to science. If you are being investigated or have already been charged with illegal possession or distribution of norfentanyl, then it is imperative you speak to an experienced federal drug trafficking defense attorney who can best help you understand your options.