State Controlled Substance Laws
State and federal governments classify controlled substances and enact controlled substance laws. Here’s everything you need to know about controlled substance laws by state.
In the United States, states enact separate controlled substance laws. Laws may vary in substance scheduling, punishments for controlled substance offenses, and regulation and enforcement of controlled substance laws.
What is a controlled substance?
Under the United States Controlled Substances Act (CSA), the government defines a controlled substance as a tightly government-regulated drug or substance with addictive or abusive properties. The government regulates the creation, use, handle, storage, and distribution of controlled substances. Controlled substances may have medical uses, but are only available through a prescription from a licensed professional.
The government may place, control, or reschedule any drug or substance in the CSA. To update the public, the government compiles a complete list of controlled substances yearly.
Related: Drug Possession Laws By State
How does the federal government classify controlled substances?
The United States federal government places all controlled substances into one of five schedules. Schedule I and Schedule II drugs have the highest potential for abuse. Schedule V drugs represent the lowest potential for abuse.
Under 21 USC 811, the government considers the following factors to determine a substance’s schedule:
- Current or future medical use,
- Scientific evidence or knowledge of pharmacological effect,
- Actual or relative potential for abuse,
- Scope, duration, and significance of abuse,
- Risk to public health,
- Precursor control, and
- Safety or dependence liability.
How do states influence controlled substance laws?
All states and the District of Columbia have counterparts to the federal CSA. Federal laws establish the minimum requirements for controlled substance regulation. States may impose stricter regulations and/or additional requirements. As a result, controlled substance laws differ significantly between every state and between state and federal laws.
States influence controlled substance laws through:
Scheduling
Each state individually determines a controlled substance’s schedule. While many states adopt identical schedules to the federal government, other states reschedule controlled substances. Most states preemptively put drugs into the same schedule as the federal government. State legislatures may reschedule the drugs if a stricter schedule appears necessary. Each state employs different legislative or regulatory agencies to oversee drug scheduling.
Punishments for Controlled Substance Offenses
Each state independently determines punishments for controlled substance offenses. Some states decriminalize controlled substances, other states offer rehabilitation, and many states require prison sentences or fines. Punishments for controlled substance offenses are also unique to the controlled substance and the offense. For example, laws consider the distribution of a schedule I controlled substance a more serious offense than possession of a schedule III controlled substance.
Related: How to Beat a Drug Possession Charge
Regulation and Enforcement
Possession of a controlled substance is only illegal if an individual possesses a controlled substance without legal justification or permission. Provisions and laws defining legal justification and permission vary by state. Many states consider a doctor’s supervision or scientific research an adequate justification to possess a controlled substance. However, each state determines laws and regulations regarding narcotic treatment programs and clinical research using controlled substances.
FAQs About Controlled Substance Laws by State
What factors impact a possession of a controlled substance penalty?
Drug possession charges carry a wide range of penalties. The severity of a penalty depends on numerous factors.
These factors may include:
- Type of drug involved,
- Circumstances of the possession, and
- Criminal history of the defendant.
What are the potential penalties for possession of a controlled substance?
Penalties for possession of a controlled substance vary with state and federal controlled substance laws.
Potential penalties for possession of a controlled substance include:
- Fines,
- Probation,
- Rehabilitation,
- Diversion, and
- Incarceration.
Penalties will increase in severity if a prosecutor proves possession of a controlled substance with intent to distribute.
What are the potential penalties for the distribution of a controlled substance?
Penalties for the distribution of a controlled substance vary with state and federal controlled substance laws. Penalties for the distribution of a controlled substance are more severe than penalties for possession of a controlled substance.
Potential penalties for distribution of a controlled substance include:
- Incarceration,
- Fines, and
- Probation.
Is knowledge of possession important?
Yes, knowledge of possession is important. Prosecutors must prove knowledge of possession to charge the defendant with illegal possession of a controlled substance. If an individual did not knowingly and intentionally possess the substance, prosecutors might not charge the individual.
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