Controlled Substances And Offenses: Classifications In Oklahoma

Controlled substances, or drugs, are categorized in Schedules I – V, from most to least dangerous.

Schedule I

A Schedule I controlled substance is classified as a drug or other substance with a high potential for abuse, has no currently accepted medical use, and has a lack of accepted safety for use under medical supervision.

Controlled substances in this category include:

• Marijuana
• Heroin
• Peyote
• Ecstasy
• Mescaline
• Lysergic Acid Diethylamide (LSD)

Schedule II

Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are:

• Cocaine,
• Methamphetamine
• Methadone
• Hydromorphone (Dilaudid)
• Meperidine (Demerol)
• Oxycodone (OxyContin)
• Fentanyl
• Dexedrine
• Adderall
• Ritalin
• Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin)

Schedule III

A Schedule III controlled substance is classified as a drug or other substance with a potential for abuse less than those classified as Schedules I or II, has a currently accepted medical use in treatment, and abuse of said substance may lead to a moderate or low physical dependence or high psychological dependence.

Controlled substances in this category include:

• Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine)
• Ketamine
• Anabolic steroids
• Testosterone

Schedule IV

A Schedule IV controlled substance is classified as a drug or other substance with a low potential for abuse relative to those classified in Schedule III, has a currently accepted medical use in treatment; abuse of said substance may lead to limited physical or psychological dependence.

Controlled substances in this category include:

• Xanax
• Soma
• Darvon
• Darvocet
• Valium
• Ativan
• Talwin
• Ambien

Schedule V

A Schedule V controlled substance is classified as a drug or other substance with a low potential for abuse relative to those classified in Schedule IV, has a currently accepted medical use; abuse of said substance may lead to limited physical or psychological dependence.

Controlled substances in this category include:

• Codeine within cough suppressants
• Pregabalin (Lyrica)
• Common substances found in anti-diarrheals

The penalties for distribution are determined by the schedule of the controlled substance.

Penalties For Possession With Intent To Distribute

Schedules I and II

Only for heroin, cocaine (coke), cocaine base (crack), GBLs, and LSD

• Five years to life in prison, first conviction; 10 year to life in prison, second
• The possibility of probation, first conviction
• A fine of no greater than $100,000, first conviction; fine is doubled or no greater than $200,000, second

Schedules I, II, III, IV

Any substances other than those listed above

• Two years to life in prison, first conviction; Four years to life, second and subsequent
• Possibility of probation, first conviction
• Fine of no greater than $20,000, first conviction; fine of no greater than $40,000, second and subsequent
• No greater than five years in prison
• A fine of no greater than $1,000
• Sentence is determined as defined above, then doubled for both jail time and fine

Schedule V

• No greater than five years in prison
• A fine of no greater than $1,000

Distribution To Minors By An Adult

Sentence is determined as defined above, then doubled for both jail time and fine

Penalties For Possession Of Schedules I Or II

Excludes marijuana

• Two to 10 years in prison, first conviction; Four to 20 years, second and subsequent
• A fine of no more than $5,000, first; $10,000, second and subsequent

Penalties for Possession Of Schedules III, IV, V

Includes marijuana

• No more than one year of jail time for a misdemeanor, first conviction; two to 10 years in prison, second and subsequent
• A fine of no more than $1,000, first; $5,000, second and subsequent

Penalties Aiding/Abetting A Minor In Drug-Related Crimes

Penalties are same for first and subsequent offenses

• No more than 20 years in prison
• A fine of no more than $200,000

Penalties For Paraphernalia Delivered To A Minor By An Adult

• No more than two years and/or
• A fine of no more than $1,000
• No more than 1 year of jail time, first and subsequent conviction(s) and/or
• A fine of no more than $1,000, first conviction; $5,000, second; $10,000, subsequent

Penalties For Possession Of Paraphernalia

• No more than one year of jail time, first and subsequent conviction(s) and/or
• A fine of no more than $1,000, first conviction; $5,000, second; $10,000, subsequent