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By Steven L.
Hayes
Many of us have an understanding that
some types of drugs are supposed to be harder to
obtain than others. However, most of us may
not know how these determinations are made and
under what authority.
Most people don't realize that the Ritalin
they give their children is considered just as
dangerous as cocaine and methadone. The
following is an explanation of the federal law who
is charged with enforcing
it.
CONTROLLED
SUBSTANCES ACT
The Controlled
Substances Act (CSA) is a federal law that creates
five schedules (lists) of drugs that are federally
regulated along with rules for the manufacture,
distribution and availability of the drugs.
POTENTIAL
FOR ABUSE
The CSA establishes
different standards for the availability of drugs
based on an individual drug's potential for
abuse.
While not specifically defined by the
CSA, the determination of a drug that has
"potential for abuse" has generally used the
following data:
* if
taking it can create a health hazard for the
individual or those around
him;
* how
addictive is the drug;
* how
easily one becomes dependent on the drug;
* if
the drug is used for medical
treatment;
* if
the drug is now being used in medical
treatment;
* if
the drug has a hallucinogenic effect;
* if
the drug could be used to create another drug
having one of the abuse factors;
* if
the drug is being sold other than through the
legitimate channels (e.g. on the
street);
The CSA has
developed five schedules that include the drugs
with the highest potential for abuse in Schedule I
and the drugs with the lowest potential for
abuse in Schedule
V.
Schedule
I
* The
drug or other substance has a high potential for
abuse.
* The
drug or other substance has no currently accepted
medical use in treatment in the United States.
*
There is a lack of accepted safety for use of the
drug or other substance under medical supervision.
*
Examples of Schedule I substances include heroin,
lysergic acid diethylamide (LSD), marijuana, and
methaqualone (Quaaludes).
Schedule
II
* The
drug or other substance has a high potential for
abuse.
* The
drug or other substance has a currently accepted
medical use in treatment in the United States or a
currently accepted medical use with severe
restrictions.
*
Abuse of the drug or other substance may lead to
severe psychological or physical
dependence.
*
Examples of Schedule II substances include
morphine, phencyclidine (PCP), cocaine, Ritalin,
Adderall, oxycodone, methadone, and
methamphetamine.
Schedule
III
* The
drug or other substance has less potential for
abuse than the drugs or other substances in
Schedules I and II.
* The
drug or other substance has a currently accepted
medical use in treatment in the United States.
*
Abuse of the drug or other substance may lead to
moderate or low physical dependence or high
psychological dependence.
*
Anabolic steroids, codeine and hydrocodone with
aspirin or Tylenol, Suboxone, buprenorphine and
some barbiturates are examples of Schedule III
substances.
Schedule
IV
* The
drug or other substance has a low potential for
abuse relative to the drugs or other substances in
Schedule III.
* The
drug or other substance has a currently accepted
medical use in treatment in the United
States.
*
Abuse of the drug or other substance may lead to
limited physical dependence or psychological
dependence relative to the drugs or other
substances in Schedule III.
*
Examples of drugs included in Schedule IV are
Darvon, Talwin, Equanil, Valium, and Xanax.
Schedule
V
* The
drug or other substance has a low potential for
abuse relative to the drugs or other substances in
Schedule IV.
* The
drug or other substance has a currently accepted
medical use in treatment in the United
States.
*
Abuse of the drug or other substances may lead to
limited physical dependence or psychological
dependence relative to the drugs or other
substances in Schedule
IV.
*
Cough medicines with codeine are examples of
Schedule V drugs.
The DEA
Administrator is given the authority to propose
changes to the classifications of
drugs or additions to the controlled substances
use and this decision becomes effective if not
changed after public review and comment.
REGISTRATION
AND RECORDKEEPING
Any person who handles
controlled substances must obtain a registration
issued by the DEA. The CSA
requires that complete and accurate records be
kept of all quantities of controlled substances
manufactured, purchased, and sold. Each substance
must be inventoried every two
years.
In theory, these
records make it possible to trace the flow of any
drug from the time it is first imported or
manufactured, through the distribution level, to
the pharmacy or hospital that dispensed it, and
then to the actual patient who received the
drug.
(Of course, this raises the question of how
the internet pharmacies obtain the drugs that they
sell without a
prescription.)
In the case of Schedule
I and II drugs, the supplier must have a special
order form from the customer. This order form (DEA
Form 222):
* Is
issued by the DEA only to persons who are properly
registered to handle Schedules I and
II.
* Is
preprinted with the name and address of the
customer.
* The
drugs must be shipped to this name and address.
An order form is
not necessary for drugs listed in Schedules III,
IV, and V. The supplier in each case, however, is
under an obligation to verify the authenticity of
the customer.
SECURITY
All controlled
substances must be properly secured so that they
are not diverted and used for criminal purposes.
DISPENSING
TO PATIENTS
While the FDA
determines which drugs must be available only by
prescription, the CSA mandates how controlled
substances are obtained by the
public.
Schedule I drugs may be
used only for research.
Schedule II drugs must
have written prescription orders signed by a
doctor and may not be telephoned into the pharmacy
except in an emergency. In order
for a patient to obtain a refill of a Schedule II
drug, the patient must see the
doctor.
For Schedule III
and IV drugs, the prescription may be either
written or telephoned to the pharmacy and the
prescription may be refilled up to five times
within six months from the date the prescription
was issued.
Schedule V drugs
have far fewer restrictions.
ANNUAL
AMOUNTS OF SCHEDULE I AND SCHEDULE II
DRUGS
Under the CSA, each
calendar year the DEA is to assess the need for
Schedule I and Schedule II drugs and then
establish the amount of the drugs that may be
produced. The
DEA allocates the annual amount among the various
manufacturers who are registered to manufacture
the specific drug.
PENALTIES
Most of us know about
the criminal penalties that are imposed on drug
dealers but not as many are aware that since 1988,
there are civil penalties that can be imposed for
the person who buys the drug. These
civil penalties are in addition to any criminal
penalties that may apply.
PERSONAL
USE AMOUNTS
Since 1988, if the
offender is in possession of only a small amount
of drugs, a civil fine of up to $10,000 may be
imposed and there is no need for the expense of a
trial.
In determining the
amount of the fine in a particular case, the drug
offender's income and assets will be considered.
This is accomplished through an administrative
proceeding rather than a criminal trial, thus
reducing the exposure of the offender to the
entire criminal justice system, and reducing the
costs to the offender and the government.
For a first
offense, if the offender has paid all fines,
passes a drug test and has not been convicted of a
crime after three years, the offender can request
that all proceedings be dismissed. If the
proceeding is dismissed, the offender can lawfully
say he or she had never been prosecuted, either
criminally or civilly, for a drug
offense.
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