When it comes to drug charges, police need to determine what schedule of controlled substances they allegedly uncovered. This will dictate the type of charge and penalty the accused will face. According to New York Public Health Law section 3306, there are several schedules of controlled substances. Schedule I controlled substances include certain types of opiates, opium derivatives, hallucinogenic substances, depressants and stimulants. For the purposes of this law, all substances following under one of these categories by whatever name they may be called will be considered schedule I controlled substances.
Schedule II controlled substances include certain types and preparations of opiates and depressants not listed in another schedule of controlled substance, certain types of hallucinogenics, coca leaves, parts of the poppy plant and anabolic steroids. If these drugs are specifically listed in other schedules, they will be considered part of that schedule, rather than as a schedule II controlled substance. As with schedule I controlled substances, all substances following under one of the schedule II drug categories by whatever name they are called will be considered schedule II drugs.
Schedule III controlled substances include certain types and preparations of stimulants and depressants not listed in other schedules, Nalorphene, narcotic drugs not named in other schedules, synthetic Dronabinol capsules and Chorionic gonadotropin. Like the other schedules, any type of name these drugs may be called will be considered a schedule III controlled substance.
Schedule IV controlled substances include certain types and preparations of narcotic drugs, certain types of depressants not named in other schedules and certain types of stimulants not named in other schedules. Again, whatever name these drugs may go by, they will still be considered schedule IV controlled substances.
Schedule V controlled substances include certain narcotics, stimulants and depressants not listed elsewhere. As with the other schedules, the form or preparation of the substance, particularly the combination of substances will play a role in determining which schedule the substance will fall under.
This is only a brief overview of the schedules of controlled substances in New York. Those who want a more detailed listing of banned substances should refer to the statute itself or consult with a criminal law attorney. By understanding the charges one faces, a strong defense strategy can be crafted in one’s favor.