There are 5 different drug schedules in Oklahoma. A drugs classification is based on potential for abuse, accepted medical use, and safety under medical supervision. These schedules are outlined in the Oklahoma Uniform Controlled Dangerous Substances Act, which mirrors the federal Controlled Substances Act. Understanding these schedules is crucial for recognizing the legal implications of drug possession, use, distribution, and manufacturing.
Schedule I Drugs
Schedule I drugs come with a high potential for abuse, have no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Drugs under this schedule include heroin, marijuana (despite state legalizations, it’s still a Schedule I drug federally), LSD, and more.
Possession, distribution and trafficking, or manufacturing of Schedule I drugs typically results in felony charges.
Schedule II Drugs
Schedule II drugs have a high potential for abuse, have currently accepted medical use in treatment (with severe restrictions), and abuse of these drugs could result in severe psychological or physical dependence. Examples of Schedule II drugs include cocaine, methamphetamine, Oxycodone, fentanyl, and Adderall.
While some Schedule II drugs can be legally prescribed, possession without a prescription, distribution, or manufacturing can result in significant legal consequences.
Schedule III Drugs
Schedule III drugs have a potential for abuse, but less so than Schedule I and II drugs, have a currently accepted medical use in treatment, and abuse may lead to moderate or low physical dependence or high psychological dependence. This schedule includes anabolic steroids, ketamine, testosterone, and certain barbiturates.
Schedule III drugs can be legally prescribed. However, unauthorized possession, distribution, or manufacturing can lead to legal penalties. However, these are typically less severe than those for Schedule I and II drugs.
Schedule IV Drugs
In relation to Schedule III drugs, Schedule IV has a low potential for abuse. They also have a currently accepted medical use in treatment and abuse may lead to limited physical dependence or psychological dependence relative to Schedule III drugs. Schedule IV includes drugs such as alprazolam (Xanax), diazepam (Valium), lorazepam (Ativan), and tramadol.
Schedule IV drugs are commonly prescribed medications. Possession, distribution, or manufacturing without authorization still carries legal penalties, though they are generally less severe in relation to higher schedules.
Schedule V Drugs
Schedule V drugs have a low potential for abuse relative to Schedule IV, as well as a currently accepted medical use in treatment. Abuse may lead to limited physical dependence or psychological dependence relative to Schedule IV drugs. Schedule V drugs include cough medicines containing less than 200 milligrams of codeine per 100 milliliters (such as Robitussin AC) and certain antidiarrheals and analgesics.
Schedule V drugs are often available for medical use with minimal restrictions. Unauthorized possession, distribution, or manufacturing is illegal but typically results in the least severe penalties compared to other schedules.
Legal Considerations and Penalties
The penalties for possessing controlled substances vary significantly based on the schedule of the drug, the quantity involved, and prior criminal history. Schedule I and II drugs typically carry the harshest penalties, including long prison sentences and substantial fines. Lower schedule drugs (III-V) may result in less severe penalties, but still can include jail time, fines, and probation.
Distribution and manufacturing offenses generally result in more severe penalties compared to simple possession, regardless of the drug schedule. Enhanced penalties apply if the distribution or manufacturing occurs near schools, parks, or other designated areas.
Tulsa Criminal Lawyers
Understanding the different drug schedules in Oklahoma is essential for recognizing the legal implications associated with various controlled substances. The classification system affects the severity of penalties for possession, distribution, and manufacturing offenses. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.