A controlled substance is “a drug or chemical whose manufacture, possession, or use is regulated by a government, such as illicitly used drugs or prescription medications.” These drugs are proven to negatively impact a person’s health and well-being, which is why state and federal governments have chosen to regulate these substances.
Under the Controlled Substances Act (CSA), established in 1970 by Pres. Nixon and Congress, all of the the controlled substances listed are broken down into five categories:
| Category | Description | Examples |
| Schedule I | These substances have no accepted medical use, are unsafe, and hold a high potential for abuse. Drug isn’t safe, even under medical supervision. | Heroin, LSD, marijuana, peyote, ecstasy |
| Schedule II/IIN | These narcotics and stimulants have a high potential for abuse and engender severe psychological or physical dependence. Sometimes allowed for medical use, but only with “severe restrictions.” | Dilaudid, methadone, Demerol, OxyContin, Percocet, morphine, opium, codeine, amphetamine (Dexedrine, Adderall), methamphetamine |
| Schedule III/IIIN | These are substances that have less potential for abuse but can still lead to moderate or low physical dependence and high psychological dependence. Allowed for medical use. | Vicodin, Tylenol/Codeine, Suboxone, ketamine, anabolic steroids |
| Schedule IV | These substances have a lower potential for abuse than Schedule III drugs. Allowed for medical use. | Xanax, Soma, Klonopin, Valium, Ativan, Versed, Restoril, Halcion |
| Schedule V | These are primarily preparations that contain limited quantities of narcotics. Allowed for medical use. | Cough syrups that contain codeine |
What’s the Difference Between an Illegal Drug and a Controlled Substance?
Simply put, most illegal drugs are controlled substances, but not all controlled substances are illegal. Some controlled substances can be prescribed to the public by an approved doctor or sold through pharmacies and dispensaries for legitimate medical treatment.
For instance, prescription medications like Xanax and Adderall are on the controlled substances list but they’re not considered illegal like cocaine, meth, heroin, and other drugs.
Penalties for Illegal Possession of Controlled Substances
As far as punishments go for possessing or distributing a controlled substance, these can vary depending on which state you’re charged in.
For instance, in Texas, substances are divided into four groups of drugs. These are known as Penalty Groups 1, 2, 4 and 4. Marijuana is in its own separate category, with its own penalties.
If you or a loved one are facing criminal charges for possession of a controlled substance, we highly encourage you to consult with a local criminal defense attorney to review your legal options.