Controlled substance law consists of prohibitions against the unauthorized possession of drugs

that the government has determined to be dangerous, habit-forming, or otherwise not appropriate
for use without a prescription. Statutes setting forth these laws have been enacted at all levels of
government, including most local municipalities. Violations can result in criminal fines and
incarceration. The severity of the penalty in any given case is determined primarily by the
quantity of controlled substances involved and whether the offender has past convictions for
similar crimes.
At the federal level, Congress enacted the Controlled Substances Act (CSA) in 1970 in an effort
to categorize regulated drugs based on their potential for abuse, as well as the benefits they
provide from a medical standpoint. States have enacted their own schedules in much the same
fashion. Drugs such as marijuana, cocaine, methamphetamine, and many other street and
prescription drugs are placed within one of five schedules. The most harmful substances
appear in Schedule I, and the rest appear in descending order accordingly.
By placing all controlled substances into schedules, legislatures can then enact criminal statutes
that incorporate the schedules by reference. This avoids the need to list all substances covered by
a particular law within the text of the law itself. It also provides a convenient means for updating
drug laws within a jurisdiction all at once, as individual drugs can be added or removed from the
schedules as necessary without the need to amend all the other drug laws. For example, in the
year 2000, Congress added the date-rape drug GHB to Schedule I, thereby automatically
making it illegal under every federal drug law that references that schedule.
Criminal Charges and Statutory Issues
While law enforcement agencies carry out the investigation and apprehension of alleged
controlled substance law offenders, the prosecuting attorney will have the final say in charging
decisions. This discretion is important because the same conduct can often form the basis for a
variety of criminal charges and corresponding punishments. Consider a case in which the
defendant is caught giving marijuana to an acquaintance. A prosecutor could potentially charge
the case as simple possession, possession with intent to distribute, delivery, trafficking,
conspiracy to commit trafficking, and so on.
Once the nature of the charges is known, the defendant and his or her attorney must carefully
review the language of the criminal statute. The precise wording of the statute is extremely
important. Each portion should be considered individually, and thought of as a separate element
that the state must prove in order to convict. In addition to the identity and weight of the
substance recovered from the defendant, there may be issues as to the defendants knowledge of
the substance, or whether the substance was actually in the defendants control.
Fourth Amendment Concerns
The fourth amendment to the U.S. Constitution forbids the government from conducting
unreasonable searches and seizures. Law enforcement can only intrude upon an individuals
reasonable expectation of privacy under narrow circumstances, especially when acting without a
search warrant. Controlled substance cases almost always trigger search and seizure concerns

because at some point in the investigation, officers will be invading the suspects privacy in order
to locate and take possession of the drugs.
In fact, the government can violate a suspects fourth amendment rights in a number of ways
besides conducting an improper search. Rights may be violated from performing an unjustified
traffic stop (that subsequently leads to the discovery of controlled substances), by making false
statements in order to obtain a warrant, or through the use of illegal wiretapping or
eavesdropping. In all such cases the defendant may have grounds to suppress the evidence
recovered as a result of the unconstitutional actions by the police. This means the evidence
cannot be considered, typically leaving the prosecutor with no choice but to dismiss the charges.
Alternative Sentencing Programs for Drug Offenders
Prisons in the United States are badly overcrowded. Government data shows that a large
proportion of prison inmates are serving time for non-violent drug offenses. The expense to the
taxpayer associated with high incarceration rates has led to a lack of support for the status quo
among the American public. As a result, those convicted of controlled substance offenses have
new options available besides going to jail, especially when the alternative sentencing program
can be made part of a voluntary plea agreement.
The most widely-used sentencing alternative is known as drug court. For participants who are
genuinely interested in making meaningful changes in their lives and permanently committing to
sobriety, drug court can be a successful experience. It usually consists of weekly group meetings,
held in court and in front of the judge, but in a more relaxed atmosphere than formal criminal
proceedings. Participants are rewarded with less supervision for staying clean, and can be
immediately sent to jail as punishment for failed chemical tests, which are administered
regularly.
Controlled Substance Law Attorneys
If you are facing criminal prosecution for a controlled substance violation, it is critical that you
refrain from speaking any further with law enforcement, and that you seek help from an attorney
right away. The law provides you with strong protections, but to take advantage you need an
experienced attorney to advise you.
Copyright HG.org

Know Your Rights!

Dealing with Drug Charges

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Articles About Controlled Substances Law

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There are often completely different outcomes in similar criminal cases depending on the
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charging decisions. Charging someone with the wrong crime can result in charges being
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A conspiracy is defined in law as an agreement between two or more individuals to
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drug trafficking. In Hampton v. State, Albert Hampton appeals a guilty verdict of
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Yes, it does happen. While the majority of those who are arrested at the international
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Can a Cop Use a Drug Sniff Dog at My Traffic Stop?

The Fourth Amendment protects individuals from unreasonable searches and seizures.
However, the United States Supreme Court has held that a drug dog sniff that is
conducted during a lawful traffic stop does not constitute a search as an individual does

not have a reasonable expectation of privacy in illegal contraband within a vehicle.

However, there are specific rules that police officers must follow when bringing a dog
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Reasonable Suspicion in DWI Cases

Law enforcement officers are adamant about cracking down on drunk drivers. But what is
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ABA - Standing Committee on Substance Abuse

The mission of the Standing Committee on Substance Abuse is to encourage bar
associations to actively develop and foster lawyer and public participation in community
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Alcohol and Controlled Substances Testing

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Controlled Substance Schedules

This document is a general reference and not a comprehensive list. This list describes the
basic or parent chemical and does not describe the salts, isomers and salts of isomers,
esters, ethers and derivatives which may also be controlled substances

Controlled Substances Act

The Controlled Substances Act (CSA) was enacted into law by the Congress of the
United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of
1970.[1]

Controlled Substances Import and Export Act

Rules on the import and export of controlled substances to and from the United States.

Drug Enforcement Administration (DEA)

European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

Federal Marijuana Law - ASA

The federal government regulates drugs through the Controlled Substances Act (CSA)
(21 U.S.C. 811), which does not recognize the difference between medical and
recreational use of marijuana. These laws are generally applied only against persons who
possess, cultivate, or distribute large quantities of marijuana.

International Narcotics Control Board (INCB)

National Clearinghouse for Alcohol and Drug Information (NCADI)

SAMHSA's National Clearinghouse for Alcohol and Drug Information (NCADI) is the
Nation's one-stop resource for information about substance abuse prevention and
addiction treatment.

National Drug Intelligence Center (NDIC)

The NDIC, a component of the U.S. Department of Justice, is the Nations principal
center for strategic domestic counter-drug intelligence. Its mission, in part, is to produce
national, regional, and State drug threat assessments.

National Survey on Drug Use and Health

National Survey on Drug Use and Health (NSDUH), formerly the National Household
Survey on Drug Abuse (NHSDA), measures the prevalence of drug and alcohol use
among household members age 12 and older.

State Controlled Substance Acts - CCLE

Full text on controlled substance laws in all states in the U.S.

Substance Abuse and Mental Health Data Archive (SAMHDA)

SAMHDA's purpose is to increase the utilization of substance abuse and mental health
databases, thereby encouraging their use to understand and assess the extent of alcohol,
drug abuse, and mental health disorders and the nature and impact of related treatment
systems.

United Nations Office on Drugs and Crime (UNODC)

United States Food and Drug Administration (FDA)

DA is an agency within the Department of Health and Human Services1 and consists of
centers and offices, which are listed in menu at left.

Organizations For Controlled Substances Law

Community Anti-Drug Coalitions of America (CADCA)

Drug Abuse Warning Network (DAWN)

Drug Policy Alliance Network (DPA Network)

Drug-Free Communities Program

Inter-American Drug Abuse Control Commission (CICAD)

National Association of State Controlled Substances Authorities (NASCSA)

National Council on Alcoholism and Drug Dependence (NCADD)

National Institute on Drug Abuse (NIDA)

Office of National Drug Control Policy (ONDCP)

Office of Safe and Drug-Free Schools (OSDFS)

Substance Abuse and Mental Health Services Administration (SAMHSA)

The National Association for Addiction Professionals

Publications For Controlled Substances Law