The year 1970 saw the President Richard Nixon pass the Controlled Substances Act. This was an effort to keep the country’s drug problems under control. The Controlled Substances Act is a federal U.S. drug policy according to which the production, import, ownership, consumption and circulation of selected substances is regulated. The drugs are categorized into 5 types, known as schedules, according to their potential for causing harm.
- Schedule 5: Anti-epileptic drugs and cough suppressants.
- Schedule 4: Anxiety disorder drugs and those used to treat withdrawal symptoms and muscle spasms.
- Schedule 3: Synthetic drugs and those used to treat an unsettled stomach.
- Schedule 2: Morphine and cocaine.
- Schedule 1: Heroin, marijuana, and ecstasy.
This classification makes it a simple process for the agencies to sanction charges according to the laws. Drugs can be added and erased from this system with a modicum of effort. The defendant has to face charges, according to the type of drug that has been found in his possession. Schedule 1 drugs carry the most severe penalties whereas possession of Schedule 5 drugs have comparatively lesser fines.
According to the CSA all corporations and individuals who either produce or circulate drugs should be registered under the law. The Drug Enforcement Agency regulates the CSA, and it has the right to conduct investigations on those who they suspect. The DEA also has the power to alter the classification system. The DEA also has to make sure that all registered corporations or individuals are working in harmony with the regulations set forth.
Owning, producing, aiding and abetting and circulating banned products is considered a felony which might result in a trial. Defendants who face these charges could be looking at huge fines and possible jail time. If you are caught in this situation, an experienced attorney could assist you. It is vital to have a strong defense counsel, who has a clear understanding of the situation and can come up with a strong defense strategy.