Below is a brief summary of the definitions of the various schedules, including examples of drugs within each schedule, according to the Drug Enforcement Administration (DEA).
- Schedule I: drugs with no currently accepted medical use and a high potential for abuse
- Examples: LSD, heroin, marijuana, ecstasy
- Schedule II: drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence
- Examples: cocaine, Vicodin, Demerol, Oxycontin, methamphetamine, Adderall
- Schedule III: drugs with a moderate to low potential for physical and psychological dependence
- Examples: ketamine, testosterone, Tylenol with codeine, anabolic steroids
- Schedule IV: drugs with a low potential for abuse and low risk of dependence
- Examples: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien
- Schedule V: drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics
- Examples: Lomotil, Motofen, Lyrica, Parepectolin
Note that a number of the drugs listed above are legal prescription drugs while others are entirely illegal under state and/or federal law. Although it is of course legal to possess a prescription drug if you have a valid prescription, possession without a prescription can invite criminal charges.
Penalties for Schedule I through Schedule V Drug Possession in Oklahoma
While federal law dictates the above classifications, and the DEA does indeed investigate and arrest individuals and organizations who traffick in the above drugs, Oklahoma state law enforcement are generally the parties investigating and prosecuting possession crimes in Oklahoma. Oklahoma incorporates the above schedules in the minimum and maximum sentences that will be imposed in drug crimes.
Under Oklahoma state law, possession of a Schedule I or Schedule II controlled substance (other than marijuana) without a valid subscription can result in a felony conviction which brings with it a minimum two-year prison sentence and a maximum ten-year sentence. If you are convicted for a second time, you face a minimum prison sentence of four years and maximum sentence of 20 years.
If you are convicted of possession of marijuana or a Schedule III, IV, or V controlled substance, then you can be sentenced to up to a year in prison. A second conviction will result in a minimum two-year sentence with the possibility of 10 years behind bars.
How to Fight Your Oklahoma Drug Possession Charges
Oklahoma City criminal defense attorney Patrick Quillian worked as an Oklahoma district attorney, so he has the experience of working on
the other side and understands how to best fight your case and work towards a dismissal of charges, not guilty verdict, or favorable agreement with reduction of penalties and charges in your Oklahoma drug possession case. Contact the office of J. Patrick Quillian, Attorney at Law, today at 405.294.4448 to schedule a free consultation to see what his criminal defense team can do for you.