Florida Drug Schedules
In the state of Florida, drugs are classified and placed into different categories based upon several different factors. This mostly focuses on the potential for abuse that each drug has, as well as whether or not there are currently any accepted medical uses for the drug. Many of these Schedules mirror what is laid out in the Controlled Substances Act (CSA) which was enacted into law by Congress in 1970. On the federal level, the Drug Enforcement Administration and the Food and Drug Administration oversee this. On the state level, however, is it explained in Florida Statute §893.09.
Below, we explain each different schedule:
These are drugs that have a very high potential for abuse, as well as no acceptable medical treatment. Even when used with medical supervision, there are no ways it could meet any safety standards.
While drugs classified in Schedule II have less potential for abuse than drugs in Schedule I, there is still the potential for heavy abuse. These drugs do have some accepted medical treatment in the United States. Use of the substance could lead to physical and psychological dependence, as well as physical damage.
The potential for abuse with Schedule III drugs is far less than the two schedules explained above. While there is an accepted medical use in the United States, it's important to note that use of these drugs can still result in low to moderate physical dependence, along with high psychological dependence.
Drugs that are placed in this schedule have a low potential for abuse, along with an accepted medicinal use. The physical & psychological dependence that may occur from the use of these drugs is limited.
The potential for abuse with Schedule V drugs is even lower than Schedule IV drugs. There are currently accepted medical uses for treatment in the United States, with limited potential for dependence.
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While these classifications may not seem like a large deal, the truth is that it will have a profound impact on the overall outcome of your case. While the amount of the drugs will play a large role in determining the overall penalties that you could potentially be facing, so will the schedule of the drug. For example, according to Florida Statute §893.13 (2012) it is considered a criminal offense to sell, deliver, or possess a controlled substance with the intentions to sell.
The penalties, however, differ depending on the drug that is being possessed. If the drug is in Schedule V, the defendant could be facing a first degree misdemeanor with penalties that include imprisonment that does not exceed a year and a fine not exceeding $1,000. If the drug, however, was a Schedule I, it is considered a second degree felony. Penalties for that include imprisonment not exceeding 15 years and a fine that does not exceed $10,000.
Experienced Drug Crime Defense in Tampa
Due to the severity of the penalties surrounding a drug crime, it is exceedingly important that no time is wasted in consult with a Tampa drug crime lawyer.
With more than 20 years of collective experience, our attorneys at Thomas & Paulk, P.A. are prepared to go above and beyond in our efforts to provide our clients with reliable legal assistance.
Drug crimes range in degree of severity, but generally speaking, they follow a similar criminal process. View our latest video to learn more about how these cases typically operate.
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