Schedule IV Drugs-§ 54.1-3451

The Controlled Substances Act is a federal law that regulates the possession, consumption, manufacture, distribution, or importation of some chemicals, drugs, and medications. The regulation by this law is necessary because drugs covered under the law are dangerous, with a high potential for addiction and abuse. The law categorizes those substances into five schedules, according to their potential for addiction, abuse, and medical use. Schedule I drugs are the most dangerous substances, while those in Schedule V are the least dangerous.

Schedule IV drugs are mainly prescription medications with a low potential for addiction and abuse. The law regulates these substances because they can be very dangerous if a person becomes dependent on them. Drugs under this schedule also have some medical utility. Thus, you need a prescription from a licensed medical practitioner to obtain them. Examples include ADHD and narcolepsy medications.

You can face different charges about Schedule IV drugs in Northern Virginia or the city of Fairfax, including illegal possession, sale, or distribution. We are familiar with state and federal drug laws at Virginia Criminal Attorney. We can help you understand your charges and work with you to develop a solid defense against them.

An Overview of Schedule IV Drugs

Schedule IV drugs are regulated drugs under the Controlled Substances Act that meet the following criteria:

• They have a low potential for dependence and abuse when compared to Schedule III drugs
• They are widely accepted for their medical use in the treatment of various conditions in the country
• If the drugs are abused, they can cause physical or psychological dependence or addiction, albeit to a lesser degree than dependence created by Schedule III substances.

The drugs under Schedule IV are materials, compounds, or mixtures containing any quantity of the substances listed below. They have a potential for abuse due to their depressive effect on the CNS.

• Alfaxalone and its associated isomers, salts, and salts of isomers — it is a general anesthetic substance used mainly as an induction agent in anesthesia or as an injectable anesthetic.
• Barbital — It is used as a sleeping aid.
• Alprazolam — Is a common prescription drug for anxiety and panic disorders.
• Bromazepam — It treats severe anxiety and panic disorders
• Camazepan — For treating anxiety and depression
• Carisoprodol — For musculoskeletal pain
• Chloral betaine — A sedative-hypnotic drug
• Chloral hydrate —A sedative and hypnotic drug
• Chlordiazepoxide —Treats mild to severe anxiety disorders
• Clobazam — Helps to control seizures
• Clonazepam — For the treatment of extreme panic disorder and epilepsy
• Clorazepate — Contains sedative, anticonvulsant, hypnotic and skeletal muscle relaxant properties
• Clotiazepam — It treats convulsions and anxiety, and acts as a sedative or skeletal muscle relaxant
• Cloxazolam — It contains sedative, anxiolytic, and anticonvulsant properties
• Delorazepam — For managing anxiety disorders, insomnia, acute seizures, and muscle spasms
• Diazepam — Treats anxiety disorders, for alcohol detoxification, severe muscle spasms, and recurrent seizures
• Dichloralphenazone — Treats migraine and tension headaches
• Estazolam — Treats insomnia and other sleeping disorders
• Ethchlorvynol — It is a hypnotic sedative medicine
• Ethinamate — It is a depressant, and can treat short-term insomnia
• Ethyl loflazepate — It has anticonvulsant, anxiolytic, skeletal muscle relaxant and sedative properties
• Fludiazepam — Treats anxiety disorders, muscle spasms and some types of seizure disorders
• Flunitrazepam — For muscle relaxation, respiratory depression and sedative-hypnosis
• Flurazepam — For treating insomnia
• Fospropofol — An intravenous sedative-hypnotic agent
• Halazepam — For treating anxiety, nervousness and tension
• Haloxazolam — Has hypnotic properties
• Ketazolam — It is a muscle relaxant
• Loprazolam — It has anti-convulsant, hypnotic, muscle relaxant and sedative properties
• Lorazepam — It treats anxiety, insomnia, active seizures, severe agitation, and alcohol withdrawal.
• Lormetazepam — It has anxiolytic, hypnotic, sedative, anticonvulsant and muscle relaxant properties
• Mebutamate — Treats mild hypertension and has a calming effect
• Medazepam — Has sedative, anticonvulsant, anxiolytic and muscle relaxant properties
• Methohexital — It is used for sedation and anesthesia induction
• Meprobamate — It treats anxiety
• Methylphenobarbital — It is an anticonvulsant drug with anxiolytic and sedative properties
• Midazolam —Has amnesic, anxiolytic, hypnotic and anticonvulsant properties.
• Nimetazepam — This is a hypnotic drug
• Nitrazepam — A hypnotic drug
• Nordiazepam — This has anxiolytic, anticonvulsant, sedative and relaxant properties.
• Oxazepam — For treating anxiety, insomnia, and alcohol withdrawal
• Oxazolam — Is a sedative, anticonvulsant, anxiety and muscle relaxant drug
• Paraldehyde — It is a CNS depressant for controlling convulsions
• Petrichloral — This is a sedative and hypnotic chloral hydrate prodrug
• Phenobarbital — Treats certain types of epilepsy
• Pinazepam — It has anticonvulsant, anxiolytic, muscle relaxant and sedative properties.
• Prazepam — It treats convulsions and anxiety, and can act as a muscle relaxant and sedative drug.
• Quazepam — It induces and maintains sleep
• Suvorexant, salts, and isomers — They mainly treat insomnia
• Temazepam — Treats insomnia and other sleep disorders
• Tetrazepam — Treats anxiety and convulsions, and offers muscle relaxation and sedation effects
• Triazolam — It is a CNS depressant
• Zaleplon — This is a sedative and hypnotic drug
• Zolpidem — Treats insomnia
• Zopiclone — Treats sleeping difficulties

Drugs under Schedule IV classification also include compounds, mixtures, and preparations containing any amount of the following substances, including their salts and isomers:

• Fenfluramine — A medication for treating seizures
• Lorcaserin — A weight loss drug

They also refer to compounds, mixtures, and preparations containing any substances with a stimulant effect on the CNS, including the substances’ salts and isomers, except those listed under a different schedule. Examples of these substances include:

• Cathine (+)-norpseudoephedrine — A psychoactive drug that acts as a stimulant
• Diethylpropion — A weight loss drug prescribed mainly for patients with obesity
• Fencamfamin — This is a stimulant
• Fenproporex — This is a stimulant drug
• Mazindol — A stimulant of the CNS
• Mefenorex — An appetite suppressant prescribed mainly for patients with obesity
• Modafinil — Treats various sleep disorders like sleep apnea
• Phentermine — This reduces appetite for patients with an eating disorder
• Pemoline, including organometallic complexes and chelates — This is mainly a stimulant medication
• Pipradrol — An antidepressant
• Sibutramine — An appetite suppressant medication
• SPA (-)-1-dimethylamino-1, 2-diphenylethane

Schedule IV drugs also comprise materials, compounds, mixtures, and preparations containing these substances, their salts, and isomers, except those listed under a different schedule.

• Butorphanol and its optical isomers
• Eluxadoline, and its optical isomers, salts, and salts of isomers
• Pentazocine

Understanding these classifications is necessary to understand the legal implications of your charges properly, or you face charges for a drug offense related to a Schedule IV drug. A skilled criminal attorney will ensure you understand the dangerous drug for which you face charges and the strategies you can use to fight your charges.

Possible Criminal Charges for Schedule IV Drugs

Virginia law prohibits various crimes related to Schedule IV drugs, including illegal possession, possession for sale, sale, or distribution of controlled substances. Here are the possible penalties you can face if convicted of these crimes:

Unlawful Possession of a Schedule IV Drug- § 18.2-250

This statute makes it a crime for anyone to intentionally or knowingly possess a Schedule IV substance without a valid prescription from a licensed medical practitioner. Possession can be actual, constructive, or joint, depending on the circumstances of your case.

Actual possession occurs when you are physically in control of the substance. The substance can be on your person (hands, pockets, or in a bag you carry) or property (house or vehicle). Constructive possession occurs when you have control of the substances but do not have direct physical contact with them. This can happen if you have the substances in a locker away from home or another person’s property. Joint possession occurs when you share possession and control of the substances with one or more people. The substances can be on your person, property, or anywhere else.

The prosecutor must prove the following elements to obtain a conviction:

• You were in actual, constructive or joint possession of a controlled substance
• You knew about the substances and their nature as controlled drugs
• The substances were for personal consumption, not for sale or distribution

Illegal possession of a Schedule IV drug is a Class 2 misdemeanor, punishable by a maximum of six months in jail and $1000 in fines. The judge can sentence you to misdemeanor probation instead of prison. Although you will serve your sentence outside of jail if sentenced to probation, you must abide by strict probation conditions throughout the probation period. Misdemeanor probations last between one and three years. You must stay out of legal trouble during that period and meet the judge regularly to report your progress. You could be required to participate in community service or complete a drug rehabilitation program during probation.

Selling, Manufacturing, Giving away, or Distributing Schedule IV drugs, or Possessing Schedule IV Drugs with the Intent to Sell, Manufacture, Give Away, or Distribute- § 18.2-248

This law prohibits the illegal manufacture, sale, furnishing, distribution, or possession for sale of Schedule IV substances or an imitation of Schedule IV drugs. In this case, the prosecutor must prove your intent to manufacture, sell, furnish, or distribute a controlled substance or an imitation of it. Generally, prosecutors use circumstantial evidence to prove such cases. For example, if the amount of drugs was more than you needed for personal consumption, the prosecutor can deduce that you intended to sell or distribute them. If you were arrested while in possession of drug paraphernalia, the prosecutor can use it to prove your intent to manufacture the substance.

A person who is suspected of selling, manufacturing, giving away, distributing, or possessing for sale a Schedule IV substance will face Class 6 felony charges. A conviction for a Class 6 felony is punishable by five years in jail, or at the court’s discretion. 12 months in prison and $2,500 in court fines.

If you violate this statute with an imitation of a controlled substance under Schedule IV, you will also face charges for a Class 6 felony. However, the prosecutor must prove that you believed that the imitation of the controlled substance was the controlled substance for the court to deliver a guilty verdict.

What Prosecutors Need to Prove in Drug Crimes Involving Schedule IV Drugs

Drug crimes are prosecuted harshly in California, especially if they involve a dangerous drug or if you have prior drug-related convictions in your criminal record. In most cases, there will be minimal sentencing, especially if you are a repeat offender. Prosecutors and judges also consider various circumstances in a case to determine the charges and sentence. Sometimes, judges give a harsher punishment than the sentencing guideline recommends. Sentencing in drug cases is not standard. However, a skilled defense attorney can negotiate with the prosecution and court for a favorable resolution in your case.

The prosecutor must first prove the nature of the drug in your possession. In this case, it must be a controlled substance under the Controlled Substances Act. It must also be classified under Schedule IV drugs.

The prosecutor must also prove that you were in unlawful possession of the drug. This means that you are not authorized to be in possession of the said drug as a certified medical professional or a patient with a prescription. Even if you need the drug for a medical condition you suffer from, you need a valid prescription from a certified medical professional to obtain a Schedule IV drug.

If you face charges for simple possession of a Schedule IV drug, the prosecutor must show that you had enough of the drug in your possession for your consumption. However, if you are charged for possession or sale of the controlled substance, the substance in your possession must be more than you need for personal use. Evidence required to prove an illegal manufacture, sale, distribution, or furnishing of a Schedule IV drug includes possession of drug paraphernalia or baggies to package the drugs in smaller quantities. Sometimes, the police can obtain proof of communication between you and your supplier or buyers.

Lastly, prosecutors must demonstrate your knowledge about the nature and presence of the drug in your possession. Since this is also challenging to prove, prosecutors mostly rely on circumstantial evidence. For example, if you hid the drugs or attempted to flee from the arresting officers, your behavior can prove that you knew or should have reasonably known that the substances in your possession were illegal.

How a Skilled Defense Attorney Can Help

Although Schedule IV drugs are not the most dangerous controlled substances under the law, their use is highly regulated because of their potential for dependence and abuse. Since these drugs have medicinal value and are mainly prescribed in healthcare facilities for various medical conditions like seizures, pain, stress, and anxiety, they are very easy to access. However, you need a valid prescription to obtain a Schedule IV drug. If not, you could face severe drug charges that could result in a lengthy prison sentence and a hefty court fine.

Hiring an attorney when you face a drug charge is an excellent idea. You need legal advice, support, and help fighting your charges. You also need an attorney for legal representation if your case goes to trial. Here are some of the ways your attorney can help:

Negotiating for a Drug Diversion Program

Drug diversion programs in Virginia are pretrial diversion programs that offer defendants an opportunity to avoid jail time and a damaging criminal record. Courts provide them as an alternative to criminal prosecution. Typically, a diversion program allows you to postpone or avoid prosecution. However, you must agree with the prosecutor to complete a program and meet particular requirements to avoid a trial and possible jail time. Such programs aim to provide you with the necessary resources and support to turn your life around for a crime-free future.

Generally, diversion programs in Virginia are mainly for non-violent crimes. Your attorney can negotiate with the prosecutor to allow you to complete a Substance Abuse and Mental Health program, a First Offender Program, or a Diversion First Program, depending on the details of your case. You must meet a particular criterion to qualify for drug diversion. For example, some programs require you to be a first offender or to face a non-violent charge.

If you qualify and the prosecutor or court agrees, the judge will postpone your trial to allow you to complete the program. You must abide by some predetermined terms and conditions, including completing the program within the required timeline and not engaging in any crime while in the program. If you complete the diversion program, the judge will dismiss all the charges against you. However, if you do not meet the terms and conditions of the program, the judge will cancel it, and continue your case from where you left off.

Entering a Plea Deal With the Prosecutor

A plea deal is another excellent tool your skilled criminal attorney can utilize to fight for a favorable outcome in your case involving a Schedule IV drug. Remember that even though simple possession of a Schedule IV drug is a misdemeanor, punishable by probation or a one-year jail sentence, severe crimes involving Schedule IV drugs are severely punished. These include possession for sale, distribution, or manufacture of controlled drugs. Aggravating factors like involving minors in the sale of controlled substances or selling drugs to people who are already addicted to them can result in a more severe penalty.

A plea deal is an agreement between a defendant (through their attorney) and the prosecutor whereby the defendant agrees to plead guilty to a less severe charge in exchange for avoiding trial. A trial is highly uncertain, and going through with it puts you at risk of facing a severe conviction and a possible hefty sentence. If a plea deal is likely in your case, your attorney can negotiate for a reasonable resolution with the prosecutor. Then, you will be sentenced to a less severe drug charge, punishable by a less severe jail sentence or probation.

Fighting Your Charges in a Trial

Your skilled attorney can also use the best legal defense strategies to fight your charges in court. If your case goes to trial, you can defend yourself against your charges. Your attorney will take some time to gather evidence and prepare a defense that could cause the court to reduce or dismiss your charges altogether. Some of the strategies they can use include the following:

1. Your Arrest Was Illegal

Your attorney can present this defense in court if they have a reason to believe that the police did not follow the required procedures when arresting you. It could be that the arresting officer did not inform you why you are under arrest or did not read your Miranda rights. If they violated your rights in any way, your attorney can take that opportunity to have your arrest dismissed, together with any evidence gathered after an illegal arrest. This can make it difficult for the prosecutor to prove their case and obtain a conviction.

2. The Search and Seizure by the Police Was Unlawful

Again, police have specific guidelines by which they must abide when conducting searches and seizures. A search and seizure is necessary when arresting suspected drug offenders. They need to search your person or property for drugs or drug paraphernalia to use as evidence in court. However, officers need a valid search warrant to do that. Your attorney can use this defense strategy to cause the court to dismiss any evidence against you if the police did not have a search warrant.

3. You Had a Prescription or License

If you are a licensed healthcare provider and are authorized to deal in Schedule IV drugs, you are exempt from prosecution for selling or distributing Schedule IV drugs. A patient who needs a Schedule IV drug is also exempt from prosecution if they have a legal prescription to buy the drug. Your attorney can prove these during the trial to cause the court to dismiss your charges.

Find a Competent Criminal Attorney Near Me

Although Schedule IV drugs have medicinal value, they can be very dangerous if abused. The government regulation ensures that these drugs are used by the right people and for the right purpose. If you face drug charges for a Schedule IV drug in Northern Virginia or the City of Fairfax, you could face a severe penalty comprising a lengthy prison sentence and a hefty court fine. However, you can fight for a reasonable outcome with the help of a skilled attorney if you face false charges, did not have unlawful intent, or are an authorized dealer or user of the drug.

At Virginia Criminal Attorney, we understand how life-changing a drug-related conviction can be. We can help you fight your charges or negotiate with the prosecutor or court for a favorable outcome in your case. Call us at 703-718-5533 to learn more about your options and our services.