Michigan Criminal Lawyer, Josh Jones

Controlled Substance Classifications Outlined – A Michigan Perspective

Controlled Substance Classifications Outlined, Kind Of

A controlled substance is ?a drug, substance, or immediate precursor that is included in schedules 1 to 5.? MCL ? 333.7104. The Board of Pharmacy determines which drugs, substances, and immediate precursors are assigned to each of the individualized schedules or contolled substance classifications. As set forth in MCL ? 333.7202, the following factors are to be used by the Board of Pharmacy in determining a controlled substance classification, and inevitably placing them in on one of the five schedules:

  1. The drug?s actual or relative potential for abuse.
  2. If known, the scientific evidence of the drug?s pharmacological effect.
  3. The state of current scientific knowledge about the drug.
  4. The historical and contemporary patterns of the drug?s abuse.
  5. The scope, duration, and significance of the drug?s abuse.
  6. The public health risk related to the drug.
  7. The drug?s potential for producing psychic or physiological dependence liability.
  8. Whether the drug is an immediate precursor of another drug already regulated under the Act.

Schedule 1:

MCL ? 333.7211, requires that controlled substance classification for a schedule 1 drug must have a high potential for abuse and either:

  1. has no accepted medical use in treatment in the United States, or
  2. lacks accepted safety for use in treatment under medical supervision, and it includes marijuana, opiates and opium derivatives (e.g., heroin), hallucinogenics (e.g., LSD, peyote, mescaline, and psilocybin), synthetic equivalents of the substance found in marijuana, MDMA (ecstasy), BZP, naphyrone (?rave?), mephedrone, methylenedioxypyrovalerone (?bath salts?), and other related substances.

Note: 11?carboxy?THC, ?a byproduct of metabolism created when the body breaks down the psychoactive ingredient of marijuana,? is not a schedule 1 controlled substance because it fails to meet the requirements of a schedule 1 controlled substance classification as set forth under MCL ? 333.7212. See also People v Feezel.

Schedule 2 ?

MCL ? 333.7213 explains that a controlled substance classification for a schedule 2 drug must meet the following requirements:

  1. its potential for abuse is high,
  2. it has currently accepted medical use in treatment in the United States or it has currently accepted medical use with severe restrictions, and
  3. its abuse could lead to severe psychic or physical dependence.

Controlled substance classifications for schedule 2 drugs include opium and opiate and their derivatives (e.g., codeine, morphine, methadone, hydrocodone, and oxycodone), coca leaves and derivatives (cocaine and cocaine?related substances), amphetamines, any substance containing methamphetamine, and central nervous system depressants (e.g., methaqualone and secobarbital).

Schedule 3

MCL ? 333.7215, indicates that a controlled substance classification for a schedule 3 drug must meet all of the following requirements:

  1. it has less potential for abuse than the substances in schedules 1 and 2,
  2. it has currently accepted medical use in treatment in the United States, and
  3. its abuse could lead to moderate or low physical dependence or high psychological dependence.

Controlled substance classifications for Schedule 3 substances include certain stimulants and depressants, and materials, compounds, mixtures, or preparations containing limited quantities of certain listed narcotic drugs, which can be found in MCL ? 333.7216.

While controlled substance classification for Schedule 4 and 5 drugs decrease in the amount of abuse that can be found with using the substances listed. The chemical compounds and substances on these lists are determined by MCL ? 333.7218 and MCL ? 333.7220

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