Texas Drug Law: What Are the Types of Controlled Substances?

Drugs included in this category are said to have a high potential for abuse, lack currently accepted medical treatment value, and lack an accepted safety use. Texas laws on illegal drugs can be extremely strict, as provided by the Texas Penal Code and the Texas Controlled Substances Act, which was enacted in 1973. Punishments can include steep fines, jail time, a six-month alcoholism and the blame cycle suspension of your driver’s license, and mandatory drug addiction treatment. Drug crime convictions can also lead to negative impacts on your job and employment prospects, the places where you’re able to live, and even your education opportunities. Alcohol and tobacco, two of the most dangerous and harmful drugs, are not included among the controlled substances in Texas.

Subchapter II describes the laws for exportation and importation of controlled substances, again specifying fines and prison terms for violations. The legislation created five schedules , with varying qualifications for a substance to be included in each. Two federal agencies, the Drug Enforcement Administration and the Food and Drug Administration , determine which substances are added to or removed from the various schedules, although the statute passed by Congress created the initial listing. Congress has sometimes scheduled other substances through legislation such as the Hillory J. Farias and Samantha Reid Date-Rape Prevention Act of 2000, which placed gamma hydroxybutyrate in Schedule I and sodium oxybate in Schedule III when used under an FDA NDA or IND. Classification decisions are required to be made on criteria including potential for abuse , currently accepted medical use in treatment in the United States, and international treaties.


Notwithstanding this fact, alcohol is regulated by federal law, the most prominent of which is the 21st Amendment, which repealed the national prohibition. Consequently, these drugs are widely accepted for medical and medicinal purposes across the United States. The substances under this schedule usually deal with prescriptions to control specific health complications. Schedule III includes substances with a moderate or low-level potential for abuse and accepted for medical use in the United States. Although they have a lower potential for abuse than the substances in Schedule I and II, abuse of Schedule III substances may lead to physical or psychological dependence. This schedule is home to substances like Codeine, anabolic steroids, Buprenorphine, and Ketamine.

This group includes cocaine, mescaline, ketamine, methamphetamine , opioids , opium derivatives or opiates , as well as psilocybin and comparable hallucinogens. Punishments for Penalty Group 1 can start at two years in jail and a $10,000 fine, but can extend to a $250,000 fine and a life sentence in prison for possessing 400 grams or more. Additionally, the law restricts an individual to the retail purchase of no more than three packages or 3.6 grams of such product per day per purchase – and no more than 9 grams in a single month. Retailers now commonly require PSE-containing products to be sold behind the pharmacy or service counter. This affects many preparations which were previously available over-the-counter without restriction, such as Actifed and its generic equivalents.

In a woman who is pregnant and takes controlled substances, the baby may be harmed. Abuse of schedule II drugs may lead to severe psychological or physical dependence. Considering that simply possessing small amounts of a controlled substance under Texas law can lead to severe punishments, it’s vital that defendants contact an experienced drug crime lawyer for Houston, Harris County, Fort Bend County or Montgomery County.

Schedule 1 Drugs

The five classes of drugs are narcotics, depressants, stimulants, hallucinogens, and anabolic steroids. Contact our attorneys today for a no-obligation, confidential and completely legal review of your case. A controlled substance charge in Texas should NEVER be taken lightly. Per the National Minimum Drinking Age Act (which is voluntarily abided by all 50 U.S. states), sale is limited to persons 21-years-old and above only. Sale regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and less commonly the Food and Drug Administration . Alcohol was formerly illegal under the Eighteenth Amendment to the Constitution from 1919, until the Twenty-first Amendment repealed it in 1933.

is alcohol a controlled substance

The exception would be if the U.S. were to claim that the treaty obligations violate the United States Constitution. The HHS recommendation on scheduling is binding to the extent that if HHS recommends, based on its medical and scientific evaluation, that the substance not be controlled, then the DEA may not control the substance. Once the DEA has received the scientific and medical evaluation from HHS, the DEA Administrator evaluates all available data and makes a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed. Under certain circumstances, the Government may temporarily schedule a drug without following the normal procedure. The change in the classification of controlled substances is a long and tedious process.

Synthetic Cannabinoids (“K2”/“Spice”)

However, the reality is that in most cases all ethers, esters, salts and stereo isomers are also controlled and it is impossible to simply list all of these. The act contains several «generic statements» or «chemical space» laws, which aim to control all chemicals similar to the «named» substance, these provide detailed descriptions similar to Markushes, these include ones for Fentanyl and also synthetic cannabinoids. A common misunderstanding amongst researchers is that most national laws allows the supply/use of small amounts of a controlled substance for non-clinical / non-in vivo research without licences. A typical use case might be having a few milligrams or microlitres of a controlled substance within larger chemical collections (often 10K’s of chemicals) for in vitro screening or sale.

is alcohol a controlled substance

In addition to having limited refills, you may need to sign a pain medication agreement, or a contract between you and the doctor to ensure that you’re taking the drugs exactly as prescribed. The control of drugs through law exists to protect people from the harm that these drugs can do. It is based on research from many different sources into the potential harmfulness of the drug, both to individuals and to society. Texas drug laws provide penalties and punishments based on the circumstances of drug possession, and these can be severe. B. The drug or other substance has a currently accepted medical use in treatment in the United States. B. The drug or other substance has no currently accepted medical use in treatment in the United States.

If the event is held at an approved off-campus venue, enforcement of alcohol laws rests with the off-campus vendor. Missouri Alcoholic Beverage Control Laws make it illegal for any person less than 21 years of age to purchase, possess or consume, or for anyone to aid or abet such a person in purchasing or consuming any alcoholic beverages. Any new medications or medical conditions and any adverse effects from any of the medications you take in case of a medical emergency must be reported to the provider’s office within two business days. Schedule 3, Schedule 4, and Schedule 5 drugs are available for use with a prescription. Schedule 2 drugs may be used in medical settings with extreme restrictions. Schedule 1 drugs, however, do not have any accepted medical use and cannot be acquired with a prescription.

The Controlled Substances Act

Also known as CDS, or controlled dangerous substances, these drugs include heroin, cocaine, meth, and marijuana, as well as the compounds used to manufacture narcotics, synthetic steroids, depressants, and stimulants. These are substances with high potential for abuse which may lead to severe psychological or physical dependence. Illicit drugs or any controlled substance are listed in Schedules 1 through V of Section 202 of the Federal Controlled Substance Act, Chapter 195 of the Missouri Revised Statutes. can i drink alcohol during pregnancy The health risks caused by drug use vary depending on the drug involved, and the use of legal prescription and nonprescription drugs without a doctor’s supervision, as well as the use of illegal drugs, may cause serious health difficulties. In addition, abuse of any substance can adversely affect relationships, employment, academic and athletic performance, and self-esteem. The acute and long-term health effects of specific drugs can be view on the National Institutes of Health webpage.

  • Authorized servers, such as University Dining Services, or an approved third party vendor, must provide and distribute the alcohol.
  • There are many resources available to those struggling with alcohol addiction, including detox centers and support groups.
  • Because your treatment may result in the use of one or more of these medications for longer than 30 days, your understanding of the policies, risks and benefits of this treatment is critical.
  • This schedule is home to substances like Codeine, anabolic steroids, Buprenorphine, and Ketamine.
  • Texas laws on illegal drugs can be extremely strict, as provided by the Texas Penal Code and the Texas Controlled Substances Act, which was enacted in 1973.

Some European countries still use it as a potent pain reliever in terminal cancer patients, and as second option, after morphine sulfate; it is about twice as potent, by weight, as morphine and, indeed, becomes morphine upon injection into the bloodstream. The two acetyl groups attached to the morphine make a prodrug which delivers morphine to the opioid receptors twice as fast as morphine can. This request is sent to the Assistant Secretary of Health of HHS. Then, HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse and, on occasion, from the scientific and medical community at large.

Under this category, the drugs and substances are currently without medical use and are not deemed suitable for use by individuals even under medical supervision. These kinds of substances include marijuana, heroin, ecstasy, hallucinogens, lysergic acid, and methaqualone, among others. Sharing or selling prescribed controlled substances may cause serious injury or death to others and is a federal offense.

Each Schedule is subject to a different set of regulatory requirements. Support and encourage faculty to incorporate education about drugs and alcohol into the curriculum where appropriate. In addition to sanctions imposed by the University, alcohol violations may be referred to the appropriate external authorities. Under state and local laws, violations may result in penalties ranging from fines through suspension of a driver’s license and possible imprisonment.

Abuse of the drug or substance may lead to moderate or low physical dependence or high psychological dependence. Penalties aren’t as severe if you’re arrested for possessing a controlled substance only for your own personal use as opposed to possession with the intention to distribute. Such substances are divided by Texas drug laws into four groups of drugs. Marijuana is in its own separate category, with its own penalties.

Is nicotine a controlled substance?

In 1970, Congress passed the Controlled Substances Act to prevent the abuse of drugs, narcotics and other addictive substances. The law specifically excluded tobacco and tobacco products from the definition of a “controlled substance” in 21 U.S.C.

Every schedule otherwise requires finding and specifying the «potential for abuse» before a substance can be placed in that schedule. The specific classification of any given drug or other substance is usually a source of controversy, as is the purpose and effectiveness of the entire regulatory scheme. If the HHS Secretary disagrees with the UN controls, the Attorney General must temporarily place the drug in Schedule IV or V and exclude the substance from any regulations not mandated by the treaty. The Secretary is required to request that the Secretary of State take action, through the Commission or the UN Economic and Social Council, to remove the drug from international control or transfer it to a different schedule under the Convention. The temporary scheduling expires as soon as control is no longer needed to meet international treaty obligations.

Some people argue that alcohol should be classified as a controlled substance because of its potential for addiction and harm. Others argue that marijuana should be reclassified because it is less harmful than alcohol. Contrary to popular belief, alcohol is not a controlled substance due to laws that were set. Consuming and/or possessing alcoholic beverages in any public area is prohibited without working with our third party liquor license holder or designee. Public areas includes but is not limited to any public road or street, parking lots, sidewalks or other publicly owned or leased University property, or public areas within the academic and residential facilities.

There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. We can only wait and see if alcohol will eventually be classified as a controlled substance.

Which is an example of a Controlled Drugs?

Some examples are heroin, marijuana, LSD, PCP, and crack cocaine. Schedule II — drugs with a high abuse risk, but also have safe and accepted medical uses in the United States. These drugs can cause severe psychological or physical dependence.

Under 21 U.S.C.§ 811 of the CSA, that authority is the Secretary of Health and Human Services . Under Article 3 of the Single Convention and Article 2 of the Convention on Psychotropic Substances, the World Health Organization is that authority. In addition to sanctions imposed by the University, drug violations may how to cure a hangover fast be referred to the appropriate external authorities. Violations of law may result in penalties ranging from fines to imprisonment. Federal law prohibits, among other things, the manufacturing, distributing, selling, and possession of controlled substances as outlined in United States Code, Sections 801 through 971.

This policy is designed to promote responsible, healthy behavior regarding alcohol use. Evidence of recent illegal drug use (e.g. odor, smoke, residue, etc.) also constitutes a violation of this policy. Validity of the evidence will be determined by the investigating University official.