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Controlled Substances Act
The Controlled Substances Act ("CSA") establishes federal drug policy governing the
manufacture and distribution of controlled substances that are categorized into five "Schedules,"
which are based on their potential for abuse and any medical benefits they provide, as follows:
•
Schedule I drugs are considered the most harmful with no medical benefits, such as
heroin, MDMA, Psilocybin, LSD, Peyote, GHB, and marijuana.
•
Schedule II drugs have a high potential for abuse and include cocaine,
methamphetamine, opium, methadone, PCP, oxycodone, fentanyl, and morphine.
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Schedule III drugs have a potential for abuse that is less than Schedule I and Schedule
II drugs, and have a currently accepted medical use in treatment. Schedule III drugs
include anabolic steroids, hydrocodone, codeine, marinol, and ketamine.
•
Schedule IV drugs include benzodiazepines (such as alprazolam, clonazepam, and
diazepam), and rohypnol (roofies), which have a lower potential for abuse than Schedule
III drugs and have currently accepted medical uses.
•
Schedule V drugs have a very low risk of dependency and include prescription drugs
with very low potency.
The CSA requires every person who manufactures, distributes, imports, and exports any drug to
register under the law, and the Drug Enforcement Administration (DEA) enforces the CSA.
Manufacture, Distribution, Dispensing, Possession & Use of Controlled Substances
It's a federal crime for any person to:
1. Manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or
dispense, a controlled substance, unless authorized under the CSA .
2. Use a controlled substance with intent to commit a crime (including rape) by
administering the substance to another person without their knowledge.
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3. Possess a controlled substance without a valid prescription.
Manufacture and distribution penalties for individuals:
(1) At least 5/10 years' imprisonment (20 years if serious injury or death results from use of
substance), a fine of up to $5M/$10M, or both for offenses involving:
1. 100g/1kg or more of substance that contains heroin
2. 500g/5kg or more of coca leaves, cocaine, ecgonine, or compounds containing any
quantity of any of these substances
3. 28g/280g or more of a (1)(b) substance which contains cocaine base
4. 10g/110g or more of PCP
5. 1g/10g or more of LSD
6. 40g/400g or more of a substance that contains N-phenyl-N-propanamide
7. 100kg/1000kg or more of a substance that contains marijuana or 1,000 or more
marijuana plants
8. 5g/50g or more of methamphetamine or50g/ 500g or more of a substance that contains
methamphetamine
(1A) Not more than 20 years' imprisonment, a fine of up to $1M, or both (30 years and $2M fine
if serious injury or death results from use of substance), for other schedule I or II controlled
substances, GHB, or 1 gram of flunitrazepam.
(1B) Not more than 5 years' imprisonment, a fine of up to $250K, or both (10 years and $500K
fine after a prior final conviction for a felony drug offense), for less than 50kg of marijuana, 50
marijuana plants, 10kg of hashish, or 1kg of hashish oil.
(1C) Except as provided in (1A) and (1B), not more than 10 years' imprisonment (15 years if
serious injury or death results from use of substance), a $500K fine, or both, for any other
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schedule III controlled substance (20 years and $1M with a prior final conviction for a felony
drug offense)
(1D) Not more than 5 years' imprisonment and a fine of up to $250K, or both (10 years and
$500K fine after a prior final conviction for a felony drug offense), for a schedule IV controlled
substance.
(1E) Not more than 1 year's imprisonment and a fine of up to $100K, or both (4 years and
$400K fine after a prior final conviction for a felony drug offense), for a schedule V controlled
substance.
(1F) Not more than 1 year of probation for distributing a small amount of marijuana for no
remuneration.
(2) Not more than 20 years' imprisonment for drugging someone without that person's
knowledge with the intent to commit a violent crime, including rape.
Possessing a Controlled Substance without a Prescription
It's a federal crime to possess a controlled substance unless it was obtained through a valid
prescription.
Penalties:
Up to one year imprisonment, a minimum fine of $1,000, or both.
Penalties increase up to three years imprisonment and a minimum fine of $5,000, for repeat
offenses and possession of flunitrazepam (Rohypnol or "roofie").
Possession of Personal Use Amounts of Controlled Substances: No Prior Convictions
A person who has not been convicted of a federal or state criminal offense relating to a
controlled substance may be subject to a civil penalty for possession of personal use amounts
of certain controlled substances, including heroin, cocaine, PCP, methamphetamine, and 1,000
or more marijuana plants.
Penalty:
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$10,000 per violation
Attempting or Conspiring to Commit a Drug Offense
Any person who attempts or conspires to commit a drug offense under the CSA shall be subject
to the same penalties as those prescribed for the offense, the commission of which was the
object of the attempt or conspiracy.
Distribution of a Controlled Substance to a Minor
A person who is at least 18 years old and distributes a controlled substance to a person who is
under age 21 is subject to increased penalties.
Penalties:
First offense: twice the maximum punishment
Second offense: three times the maximum punishment
Distribution, Possession with Intent to Distribute, or Manufacturing of a Controlled
Substance Near a School
Any person who distributes, or possesses with intent to distribute, or manufactures a controlled
substance within 1,000 feet of a school, including a public or private college, junior college, or
university, is subject to increased penalties.
Penalties:
First offense: twice the maximum punishment
Second offense: not less than three years and not more than life imprisonment, or three times
the maximum punishment for a first offense, whichever is greater.
Conviction of Possession or Distribution of Controlled Substances: Effect on Student
Aid
An individual who is convicted of a federal or state offense for possession or distribution of
controlled substances shall be ineligible for federal student aid.
Penalties:
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1. Drug trafficking: ineligible for up to five years after first conviction, up to ten years after a
second conviction, and may become permanently ineligible after third or subsequent
convictions.
2. Drug possession: ineligible for up to one year after first conviction and up to five years
after second/subsequent convictions; may be required to successfully complete drug
treatment program with periodic drug testing, and/or perform community service.
Drug Paraphernalia
It's a federal crime to sell or offer for sale drug paraphernalia.
Penalties:
Up to three years imprisonment and criminal fines.
The information contained in this program may not be reproduced in whole or in part, by any
means, without permission. © Vector Solutions. All rights reserved.