Dumfries Categorization of Controlled Dangerous Substances
Drugs that are regulated by the government somehow are known as controlled dangerous substances. The criminal penalties associated with these substances vary greatly depending on how the controlled dangerous substance is categorized in Dumfries, but if your personal record or liberty is at stake, contact an experienced criminal Dumfries defense attorney immediately.
The categorization of controlled dangerous substances in Dumfries is the same as Virginia and the federal government’s series of schedules. These schedules range from the most addictive and the most potent down through the least addictive and the least potent.
The most potent and most addictive drugs are listed as Schedule 1 drugs. These drugs are considered to have a high potential for abuse and no real accepted medical use. These are drugs like heroin and LSD or acid.
Schedule 2 drugs also have very high potential abuse and severe dependence but have at least some currently accepted medical use. Schedule 2 drug can be things like cocaine, methadone, and methamphetamine.
Schedule 3 drugs have less potential for abuse and they’re less likely to create a dependency. These are things like codeine and anabolic steroids.
Schedule 4 has even less potential for abuse than Schedule 3 drugs and an even lighter potential for dependency, and have some medically approved way of using them. These are things like Valium, Xanax, and other types of sedatives.
Schedule 5 drugs have an even lower potential for abuse, a very limited risk for dependency. These are things like cough medicines that contain codeine.
Schedule 6 drugs include certain substances that are not necessarily drugs in the conventional sense. These can be certain inhalants or nitro oxide, where they can be used in a way that can either be intoxicating or not intoxicating.
Range of Consequences
In possession of controlled dangerous substances, there is not a minimum mandatory sentence imposed under Virginia law. But if an individual is charged with possessing a controlled dangerous substance that is categorized in Dumfries as a schedule 1 or 2 drug, that is a felony under Virginia law.
If it is the first offense, even it’s a felony, one is still eligible to have the matter disposed of under first offender treatment rules. First offender treatment rules require – for a felony charge – you to complete 100 hours of community service and/or go through a drug program and an education course, and will likely result in a loss of your license for six months and probation for a period of time. However, if all of this is completed, then the charge could ultimately be dismissed.
The seriousness of penalties for a drug charge will vary depending on the specific crime as well as how the controlled dangerous substance is categorized in the Dumfries drug schedule. Schedule 1 and 2 drugs if possessed can constitute a felony and if they are possessed with the intent to distribute, it is a very serious felony that is punishable by five to 40 years in prison in Virginia. There are less significant drugs on the lower schedules that, if possessed, can be charged as a misdemeanor crime. Marijuana possession is a misdemeanor.
When determining what schedule a drug should fall under, the variables the government looks for is the potency of that drug and the addictive nature of that drug. If a drug is highly addictive and also highly potent, and it has the power to really change the consumer’s brain to the point where he/she is impaired or intoxicated heavily, then those drugs are likely to be in Schedule 1 or 2.
Drugs that have a lower addictive quality in a lower impact on the brain tend to be on the lower schedules. In other words, the harder a drug hits or the more addictive it is, the more likely it’s going to be in either schedule 1 or 2.
Hiring an Attorney
If a person is charged with a drug crime in Dumfries, they need to understand that there are significant consequences, both short term and long term. For that reason alone, it’s imperative that they contact an attorney as soon as possible. In many cases, there might be very important pieces of evidence that need to be preserved or sought after in the defense of his or her case.
It is imperative that a Dumfries drug attorney gets to jump on those issues as soon as possible in order to preserve these issues and make sure that the best defense is made for the client, no matter what controlled dangerous substance is involved or how it is categorized in Dumfries.