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California's Drug Schedule Classifications

Posted by Dmitry Gorin | Jan 23, 2025

Drug schedule classifications are of utmost importance in California's legal system, significantly influencing the enforcement and prosecution of drug-related laws. These classifications, based on the potential for abuse, accepted medical use, and public health risk, were designed to categorize substances.

California's Drug Schedule Classifications
California organizes controlled substances into five schedules, escalating in the severity of restrictions and penalties.

Importantly, California's drug schedules largely reflect federal regulations, ensuring consistency between state and federal laws.

For individuals facing criminal charges involving controlled substances, the drug's classification is a crucial factor that directly impacts the severity of penalties.

Higher schedule drugs, like Schedule I, carry harsher penalties due to their lack of medical use and high abuse potential. Lower schedule drugs, like Schedule V, are seen as having therapeutic uses and lower abuse risk but still come with legal restrictions.

Not every drug charge is treated the same under the law. There are countless types of controlled substances sold, manufactured, and trafficked in California, and each one is treated differently under state law.

New controlled substances are constantly entering the marketplace, and legislators can't keep up with each substance individually.

Regulating Controlled Substances

The California legislature has adopted a framework of classifications known as drug schedules to manage the regulation of hundreds of controlled substances. Each controlled substance falls into a schedule, which determines the corresponding penalty range for convictions.

Regulating Controlled Substances

Simply put, there are countless substances that Californians are exposed to in a given day. Only a small fraction are regulated under state law. The drug schedules under California law deal exclusively with controlled substances.

The possession of these substances is illegal under state or federal law and can include prescription medication or narcotics.

If you are familiar with federal drug laws, these schedules might look familiar. That is because the state of California has adopted drug schedules that conform to the federal versions.

This can present interesting conflicts, as federal law lists marijuana as a Schedule I drug while California has taken steps to legalize the substance.

We recommend consulting our experienced criminal defense lawyers to gain a comprehensive understanding of California's controlled substances law and ensure you have the best legal guidance.

It's important to note that the schedules established under California state law closely mirror those under federal law. This similarity provides a sense of familiarity and reassurance, ensuring that the penalties for each substance are consistent and well-defined.

California organizes controlled substances into five schedules, escalating in the severity of restrictions and penalties from Schedule V to Schedule I. Let's review them below.

Schedule V - Low Potential for Abuse

Schedule V substances are considered to have the lowest potential for abuse among controlled substances, alongside recognized medical applications. These drugs are often ingredients in prescription medications used to treat common ailments like cough or diarrhea.

Because they pose a relatively low risk of dependency, Schedule V drugs carry lighter penalties compared to other controlled substances. Examples of substances in Schedule V include:

  • Codeine-based cough syrups with limited codeine quantities.
  • Diphenoxylate paired with atropine (found in diarrhea medications like Lomotil).
  • Ethylmorphine, Difenoxin, Buprenorphine
  • Certain small concentrations of opium are used in legitimate medicinal formulations.

Schedule IV - Low Risk but Some Potential for Dependency

Schedule IV substances also have well-documented medical purposes but are believed to carry a slightly higher risk of abuse or dependency compared to Schedule V drugs. Many substances listed in this schedule are commonly known prescription medications. Examples of Schedule IV substances include:

  • Alprazolam (Xanax), used for anxiety disorders.
  • Diazepam (Valium), prescribed for panic attacks or muscle spasms.
  • Zolpidem (Ambien), a widely used sleep aid.
  • Tramadol, a pain-relief medication often prescribed as an alternative to stronger narcotics.
  • Ativan, Fenfluramine, Phentermine, Pemoline.

Criminal penalties for Schedule IV drug offenses, such as unauthorized possession, tend to be moderate. However, trafficking, distribution, or aggravated possession could still lead to felony charges with more severe penalties.

Schedule III - Moderate Potential for Abuse

Drugs listed in Schedule III occupy a middle ground. They have accepted therapeutic applications but carry a higher potential for misuse when compared to Schedules IV and V. Additionally, they are considered to have moderate physical dependency risks or high psychological dependency potential. Common Schedule III substances include:

  • Anabolic steroids are often associated with bodybuilding or sports performance enhancement.
  • Ketamine, which has legitimate uses in anesthesia but is also a known hallucinogen when misused.
  • Codeine and hydrocodone products that contain higher concentrations than those classified under Schedule V.
  • Testosterone, Benzphetamine, Clortermine, Mazindol, Lysergic acid, Pentobarbital, Nalorphine.

A first-time possession charge involving Schedule III drugs could result in misdemeanor penalties, such as fines or probation. However, charges of manufacturing or distribution of Schedule III substances can escalate into felonies.

Schedule II - High Potential for Abuse

Schedule II drugs are highly controlled due to their significant potential for abuse, often leading to severe dependency. Despite these risks, many Schedule II substances have accepted medical uses, albeit under strict regulatory supervision. Some examples of substances listed under Schedule II include:

  • Cocaine, which is occasionally employed in medical procedures as an anesthetic.
  • Methamphetamine is known for its potential for addiction and devastating effects on users.
  • Oxycodone (OxyContin) and hydrocodone-based pain medications with higher potency.
  • Amphetamines prescribed under specific circumstances for ADHD (like Adderall).
  • Barbitals, Opium, Ritalin, Hydrocodone, Morphine, Vicodin.

Offenses involving Schedule II substances are treated more severely by California law. Even possession without a valid prescription can lead to felony charges. Trafficking and distribution often lead to lengthy prison sentences and substantial fines.

Schedule I - No Medical Use and High Abuse Potential

Schedule I drugs represent the most strictly controlled category in California's drug scheduling system. These substances are deemed to have no accepted medical use and a very high potential for abuse and dependency and, therefore, come with the highest penalties. Examples of Schedule I substances include:

  • Heroin, an opioid with substantial abuse potential and no recognized therapeutic use.
  • LSD (lysergic acid diethylamide), a hallucinogen with a reputation for mental health risks when abused.
  • MDMA (ecstasy), a synthetic drug associated with recreational use and dependency.
  • Marijuana (cannabis). (Although California has legalized its use under state law under certain conditions, cannabis is still legally a Schedule I substance.
  • Cocaine base,  Peyote, PCP, Mescaline, Cannabinoids, Cannabis.

For offenses involving Schedule I controlled substances, the stakes are considerably higher. Possession with intent to distribute, trafficking, or manufacturing such drugs can result in long-term imprisonment, steep fines, and loss of certain civil rights if convicted.

Contact a Drug Defense Lawyer

Understanding California's drug schedule laws can help you understand a drug charge. Whether you are charged with possession, trafficking, or manufacturing a controlled substance, the penalties will depend on the drug schedule.

For most of the substances in these schedules, the possession, manufacture, or sale of these drugs will result in a felony charge, which carries a jail sentence and large fines.

As a convicted felon, you will have to deal with many collateral consequences. To fight back against the criminal charges, you will need the help of a skilled California criminal defense lawyer. For skilled legal representation, contact our Los Angeles-based criminal defense law firm, Eisner Gorin LLP.

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About the Author

Dmitry Gorin

Dmitry Gorin is a State-Bar Certified Criminal Law Specialist, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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