Controlled Substances Act and Drug Scheduling

The federal US drug policy is overseen by the CSA (Controlled Substances Act), which regulates the importation, distribution, possession, use, and manufacture of certain specified substances. The CSA was initially introduced under the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Title II) by the 91st United States Congress. The CSA was also the national implementing legislation for the Single Convention on Narcotic Drugs and was signed into law by President Richard Nixon.

The CSA provides for five Schedules, with each classifying various substances into distinct groups. The Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) are responsible for determining which substances should be removed or added to each schedule.

At various points in time, the US Congress has also rescheduled some substances via legislation. For instance, in 2000, gamma hydroxybutyrate was classified as a Schedule I substance by the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act.

The classification of a drug is often based on certain criteria, such as the substance’s potential for abuse and addiction, as well as if it possesses any currently accepted medical use.

The Controlled Substances Act Explained

Removing or placing a drug or substance under a specific Schedule is typically carried out according to the provisions of 21 USC §§ 801, 801a, as well as 802, 813, 814, 811, and 812. The potential for abuse of a substance has to be specified and verified before it can be placed under a schedule. However, the way in which a drug/substance is classified (and what it is classified under) is often a source of controversy. The purpose and effectiveness of the CSA have been called into question on several occasions since its inception.

‘Controlled substances’ can generally be described as a term referring to any drug, substance, or immediate precursor that is listed and classified under Schedule I, II, III, IV or V of the CSA. Wines, distilled spirits, tobacco, or malt beverages are not listed and therefore not considered to be controlled substances. The exemption of alcohol and tobacco from the list of controlled substances has raised many eyebrows over the years, especially considering that both are the most consumed drugs in the US.

The CSA possesses two subchapters: Subchapter I outlines Schedules I to V and lists the chemicals applied in the manufacturing of the listed controlled substances. It also spells out the difference between unlawful and lawful distribution, manufacturing, and possession of controlled substances. This includes the possession of drugs under Schedule I for personal usage. Subchapter I also discusses the penalties, such as fines and prison terms for using, distributing, or manufacturing controlled substances contrary to the Schedule.

Subchapter II, on the other hand, outlines the laws that cover the importation and exportation of controlled substances. It also specifies the fines and prison terms that will be incurred if the provisions of the schedule are breached.

Substances covered

The substances covered by the CSA vary. Aside from looking at the list of those covered, you can also determine what substances are covered by the CSA by simply considering if it possesses the following factors, as stated under Section 201 (c) of the CSA.

Schedule I Controlled Substances

Substances under this classification are those with the following characteristics:

• Possess a high potential for abuse
• The substance or drug currently has no recognised medical use in the US
• The drug or substance cannot be used safely, even with medical supervision

Schedule I substances are subject to production quotas imposed by the DEA. No drug under this schedule can be prescribed for treatment. According to the DEA, a drug doesn’t necessarily have to possess the abuse potential of heroin before it is deemed suitable for classification under Schedule I.

Some drugs listed under Schedule I include:

Schedule II Controlled Substances

These types of drugs can only be legally acquired by a non-medical practitioner with a prescription, except in certain emergency situations that are prescribed by the Secretary after consultation with the Attorney General.

The drugs covered under this schedule vary in potency, with some being more addictive than others. For instance, fentanyl is roughly 80 times more potent than morphine, while heroin is only about twice as potent.

Some substances under this schedule include:

Schedule III Controlled Substances

Schedule III controlled substances typically possess the following:

• Abuse of such substances can lead to high psychological dependence or moderate or low physical dependence.
• The substance has a potential for abuse less than those listed under Schedules I and II.
• The drug or other substance is accepted for medical use in the United States.

Schedule IV Controlled Substances

Substances under this category possess the following:

• Compared to Schedule III substances, those under Schedule IV possess a lower potential for abuse
• The drug is currently accepted for medical use in the United States
• Compared to Schedule III substances, abusing Schedule IV substances may lead to limited physical or psychological dependence

Control measures are similar to Schedule III. Some of the drugs in this schedule include:

Schedule V Controlled Substances

Schedule V substances are those with the following characteristics:

• The drug has a currently accepted medical use in the US
• The substance has a low potential for abuse in comparison to those listed under schedule IV
• Physical or psychological dependence (that’s limited to the drugs or other substances listed under Schedule IV) can occur

Drugs and substances under this schedule also require a prescription – both for initial dispense and subsequent renewals. Drugs in this schedule include:

Offences under the Misuse of Drugs Act include:

The Act makes provisions for three classes of controlled substances. Said classifications are Class A, B, and C. The Act also prescribes a range of penalties for the unlicensed or illegal possession (or possession with intent to supply) of controlled substances within each class.

Substances listed under each class can be amended by the order of the Home Secretary, who can list new drugs, upgrade or downgrade, as well as delist an already listed controlled substance. This can also be accomplished by passing an Act through both Houses of Parliament, though it’s a more tedious process.

Drugs and Substances under International Control

The following types of drugs and substances are listed as controlled substances under the INCB Green List:

Should Marijuana Be Removed from the Controlled Substances Act?

By June 2016, 25 US states (including Washington D.C) had legalised the use of medical marijuana amongst the general populace. Since the initial passing of the CSA, cannabis has been classified as a Schedule I substance, which is odd considering the available evidence indicating that it isn’t addictive and can be useful for medical purposes. The inappropriate labelling of marijuana has caused a lot of problems for people who require it for treatment, as well as individuals who have been needlessly punished for using/distributing the plant. Since marijuana has already been proven beyond doubt to be safe for human consumption (which is why so many states in the US have legalised it), having the plant completely taken off the Controlled Substances Act might be a smart and even long overdue move.

Removing marijuana from the CSA would not only make lives easier for many people, it could also provide several companies with an avenue to better understand the full potential of this natural product. This includes both its possible social and physical benefits in improving the lives of people who require it for medical purposes.

There has been much agitation over the years for the legalisation of marijuana in the US and the movement has made a lot of headway in recent years. De-scheduling marijuana completely will pave the way for new federal cannabis regulations that are similar to what’s in place for alcohol and tobacco, making life easier for everyone involved.

Frequently Asked Questions