How Indiana Criminal Code Categorizes Drugs
In this week’s blog, we examine how the Indiana Criminal Code categorizes different controlled substance and what are the differences which cause substances to fall under different substance schedules.
First and foremost, Indiana law, similarly to federal law, has adopted a classification system which is based on different schedules. These schedules are based upon various factors, such as: the abuse potential, acceptance for medical treatment, and physical or psychological dependence. Moreover, it is important to be aware that these substances are subject to change their classification at any time as the Indian Code has empowered the Indiana State Board of Pharmacy to suggest additions, deletions, or modifications to the Indiana Legislature.
Schedule I is generally seen as the most dangerous substances under the Indiana Code. In Indiana, a substance may be placed under Schedule I if the substance (a) has high abuse potential and (b) the substance is not accepted for medical treatment or is unsafe for said treatment. Some of the more well-known substances which are classified under Schedule I include: heroin, MDMA, LSD, marijuana, peyote, mescaline, and benzylpiperazine.
Second, Schedule II substances are seen by the Legislature has a “little bit safer” if used by the general public. A substance may fall under Schedule II if the substance has (a) high abuse potential; (b) the substance is medically accepted or accepted with severe restrictions; and (c) abuse may cause the user to suffer from psychological or physical dependence. Some of the more well-known substances which are classified under Schedule II include: hydrocodone, morphine, oxycodone, cocaine, amphetamine, and methamphetamine.
Third, Schedule III substances are seen as safer than both Schedule I and Schedule II substances. Under the Indiana Code, a substance falls under Schedule III if: (a) the substance possess abuse potential, however, this abuse potential is less likely than a substances classified under Schedule I and Schedule II; (b) it is medically accepted; and (c) there is a low or moderate chance of physical dependence of high chance of psychological dependence. Some of the more well-known substances which are classified under Schedule III include: chlorphentermine, nalorphine, and anabolic steroids.
Fourth, a substance falls under Schedule IV if the substance: (a) has lower potential than Schedule III for abuse; (b) is medically accepted; and (c) has a potential for abuse which may cause limited physical or psychological dependence less than those substances in Schedule III. Some well-known substance under Schedule IV include: loprazolam, methohexital, and modafinil.
Lastly, Schedule V substances are seen as the least dangerous if used by the general public. A substance falls under Schedule V if the substance: (a) has lower abuse potential than substances under Schedule IV; (b) is medically accepted; and (c) has a less likelihood of physical or psychological dependence than substances under Schedule IV.
As we worked our way through Schedules I-V, it can be seen that each level is less dangerous than the previous. The fact that the schedules differentiate based on danger or harm to those who consume them makes sense as States are vested with police powers to protect the health, safety, and welfare of their citizen.
If you are facing a criminal charge related to a controlled substances, give an experienced Indianapolis Criminal Defense Attorney at Banks & Brower a call today. Our number is 317.870.0019. We answer our phones 24/7/365. Or, shoot us an e-mail today at email@example.com.