A controlled (scheduled) drug is one whose use and distribution is tightly controlled because of its abuse potential or risk. Controlled drugs are rated in the order of their abuse risk and placed in Schedules by the Federal Drug Enforcement Administration (DEA). The drugs with the highest abuse potential are placed in Schedule I, and those with the lowest abuse potential are in Schedule V. These schedules are commonly shown as C-I, C-II, C-III, C-IV, and C-V. Some examples of drugs in these Schedules are as follows:

• Schedule I — Drugs with a high abuse risk. These drugs have NO safe, accepted medical use in the United States. Some examples are heroin, marijuana, LSD, PCP, and crack cocaine.

• Schedule II — Drugs with a high abuse risk, but also have safe and accepted medical uses in the United States. These drugs can cause severe psychological or physical dependence. Schedule II drugs include certain narcotic, stimulant, and depressant drugs. Some examples are morphine, cocaine, oxycodone (Percodan®), methylphenidate (Ritalin®), and dextroamphetamine (Dexedrine®).

• Schedule III, IV, or V — Drugs with an abuse risk less than Schedule II. These drugs also have safe and accepted medical uses in the United States. Schedule III, IV, or V drugs include those containing smaller amounts of certain narcotic and non-narcotic drugs, anti-anxiety drugs, tranquilizers, sedatives, stimulants, and non-narcotic analgesics. Some examples are acetaminophen with codeine (Tylenol® No.3), paregoric, hydrocodone with acetaminophen (Vicodin®), diazepam (Valium®), alprazolam (Xanax®), propoxyphene (Darvon®), and pentazocine (Talwin®).

Possession of Controlled Substances

Controlled substances possession charges can vary depending on the specific controlled substance involved, but one commonality is that if you are convicted of possession of a significant amount of any illegal substance, you will face stiff penalties and prison time.

As has been mentioned, the Florida legislature has enacted a stringent statute regarding possession of a controlled

substance, and the relevant text of this statute is detailed below.

Florida Statute

It is unlawful for any person to knowingly or intentionally:

• Possess a listed chemical with the intent to unlawfully manufacture a controlled substance;
• Possess or distribute a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance;

Any person who violates this section is guilty of a Felony of the Second Degree. A conviction for a second-degree felony carries a potential prison term of up to 15 years.

Sales and Delivery

Drug sales and delivery is also known as "intent to distribute," which is also a serious offense. Generally speaking, any finding of an intention to sell or deliver controlled substances is treated more seriously than simple possession in terms of prison term. Conviction for these types of charges is considered a first-degree felony, depending on the amount of the controlled substance in question. A first-degree felony carries a potential prison term of 30 years.

Trafficking

Drug trafficking is considered a more serious charge than sales and delivery, as this law is meant to deal with those parties who take part in a larger-scale criminal enterprise. As such, the statute regarding trafficking is clear and comes with severe punishment.

Florida statutes define drug trafficking as:

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of (a controlled substance). These are felonies in nature, and they carry significant prison terms as consequences. In certain cases, a convicted defendant could face life in prison.

Overall, being charged with a drug-related crime in Florida is a serious legal problem. The best way to handle any legal problem is by acting quickly and calling Ron Sholes, P.A. at (904) 721-7575 for a free initial consultation. You have a guaranteed right to build a strong defense, so act now to get the process of protecting your rights started.