Drug Related Crimes
When dealing with drug-related crimes and an individual being charged with one of these crimes, needs to understand that they may be charged at both the state and federal level depending on the circumstance of the allegations. Michigan laws associated with drug-related crimes such as distribution, possession, and use are modeled after the federal laws. Under federal laws, drugs are classified as controlled substances. What is a controlled substance? A controlled substance is a drug or another type of substance that may be abused or cause addiction to the user. The Drug Enforcement Administration (DEA) is responsible for determining what is and is not considered a controlled substance. The DEA classifies drugs, substances, and certain types of chemicals into five distinct categories or schedules, those are Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V.
Michigan law incorporates the results of how a drug, substance, or a certain type of chemical is classified by the DEA. How an individual is charged with distribution, possession, and use of drugs, substances, or chemicals will be solely based upon whether or not the drugs, substances, or chemicals fall within the classifications of controlled substances created by the DEA.
According to the classification of drugs, substances, or chemicals by the DEA, drugs that have no current accepted medial use and have a high potential for abuse are considered a Schedule I drug. Some examples of Schedule I drugs are heroin, LSD, ecstasy, and others.
When Determining the Charge, the First Thing to ask is Whether You are Being Charged With a Crime Involving a Schedule I Drug?Drugs, substances, or chemicals that have a high chance of abuse that could also lead to some type of severe psychological or physical dependence are considered a Schedule II drug. . Some examples of Schedule II drugs are cocaine, methamphetamine, Oxycontin, Vicodin, Adderall, and Ritalin.
The prosecutor will then determine if we are dealing with a schedule II drug.
According to the DEA’s classification drugs, substances, or chemicals that have a potential of moderate or low chances of physical or psychological dependence are considered a Schedule III drug. Some examples of Schedule III drugs are Tylenol with codeine, anabolic steroids, and testosterone.
Drugs, substances, or chemicals that present themselves with a low or no chances to be abused or become depend on are considered to be a Schedule IV drug. Some examples of Schedule IV drugs are Xanax, Valium, and Tramadol.
Drugs, substances, or chemicals that have no opportunity for abuse but do contain limited quantities of certain narcotics are considered to be a Schedule V drug. Some examples of Schedule V drugs are Robitussin AC and Parepectolin.