September 25, 2012
Controlled Dangerous Substances (CDS), are drugs that have been regulated under the Controlled Substances Act (CSA) and have been divided into five “schedules.” These schedules are classified by how hazardous the substance is, whether it is used in accepted medical treatments, the potential for abuse, and the likelihood that it could cause addiction or dependence.
Schedule I Controlled Dangerous Substances have a high potential for abuse, are generally considered unsafe, and have no current medically accepted use in treatment. These substances include:
- lysergic acid diethylamide (LSD);
- marijuana (cannabis);
- peyote (cactus which contains mescaline);
- methaqualone; and
- 3,4-methylenedioxymethamphetamine (ecstasy).
Schedule II Controlled Dangerous Substances also have a strong potential for abuse, but, unlike Schedule I drugs, they have been used for medical treatment. However, abuse of Schedule II drugs can sometimes lead to a psychological or physical dependence. These substances include:
- narcotics such as:
- hydromorphone (Dilaudid);
- methadone (Dolophine);
- meperidine (Demerol);
- oxycodone (OxyContin);
- fentanyl (Sublimaze/Duragesic); and
- stimulants such as:
- phencyclidine (PCP);
- amphetamine (Dexedrine/Adderall);
- methamphetamine (Desoxyn); and
- methylphenidate (Ritalin).
Schedule III Controlled Dangerous Substances have a lower potential for abuse, have been used in medical treatment, and can lead to a low or moderate physical dependence, but a high psychological dependence. These substances include:
- benzphetamine (Didrex);
- anabolic steroids such as oxandrolone (Oxandrin);
- codeine or hydrocodone with aspirin (Tylenol 3); and
- buprenorphine products (Suboxone and Subutex).
Schedule IV Controlled Dangerous Substances have a relatively low potential for abuse, are used in medical treatment, and can lead to a limited physical or psychological dependence. These substances include:
- propoxyphene (Darvon and Darvocet-N 100);
- alprazolam (Xanax);
- clonazepam (Klonopin);
- clorazepate (Tranxene);
- diazepam (Valium);
- lorazepam (Ativan);
- midazolam (Versed);
- temazepam (Restoril); and
- triazolam (Halcion).
Schedule V Controlled Dangerous Substances have a very low potential for abuse, are commonly used for medical treatment, and can lead to very limited physical or psychological dependence. These substances typically include cough medicines that contain no more than 200 milligrams of codeine (Robitussin AC and Phenergan with Codeine).
In July, 2012, Congress enacted legislation that added 26 synthetic drugs to the Controlled Substances Act. These substances include bath salts and synthetic marijuana, which has been sold under names such as K2, K3, Spice, and Genie. Bath salts, which include amphetamine-like substances and are used as a substitute for cocaine, have been linked in the media to several recent crimes. Both bath salts and synthetic marijuana are Schedule I Controlled Dangerous Substances at the federal level.
Under the new legislation, possession of a Schedule I Controlled Dangerous Substance can result in:
- up to four years in prison; and/or
- a $25,000 fine.
However, possession of marijuana is a bit different. As stated in a previous blog post Governor Martin O’Malley signed a new law in May of 2012 that will reduce the penalties for possession of small amounts of marijuana. The new law, which will go into effect on October 1, 2012, will reduce the maximum penalty of possessing less than 10 grams of marijuana to a $500 fine and/or up to 90 days in jail.
Distribution or possession with the intent to distribute can result in:
- up to 20 years in prison; and/or
- a $25,000 fine.
If you have been charged with possession or distribution of a Controlled Dangerous Substance in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.
The law office of Cochran & Chhabra has provided this website and its content for informational purposes only. The information is not intended to be legal advice or counsel. Your use of this site and its content does not construct a lawyer-client relationship with Cochran & Chhabra. You should consult an attorney for individual advice concerning your particular situation.