The class of drug is typically included in the criminal charge for possession, sale or use. For examples, the charge would read, “Possession of a Class I drug for resale,” or “Possession of a Class II drug”.
How They’re Classed
While each agency determines which drugs fall into each schedule, class or level, they are usually grouped together according to certain criteria. For example, in Tennessee, drugs that do not have a medical purpose and have a high risk of abuse and addiction are grouped into Schedule I. Heroin, stimulants; Peyote
and LSD fall into this grouping.
The state’s Schedule II drugs are drugs that also have a high potential for abuse, but some of them are also used for legitimate medical reasons. When used by prescription, they are highly controlled and monitored due to their extreme ability to cause addiction. Cocaine, morphine, Methadone and Cocaine fall into this grouping.
Progressively higher schedule numbers have less chance for abuse and dependence. In Tennessee Schedule VI is used for Marijuana.
How Levels Are Used
The levels are typically tied to the seriousness of a criminal charge for possession, sale or trafficking. The most dangerous drugs have the longer potential prison sentences, while the least dangerous have shorter sentence potentials.
Related: Drug Trafficking Granny
Levels are not the only consideration. The quantity of drug possessed comes into play. For example, if one has a tiny bit of Heroin in his possession, the sentence potential is shorter than if he had 100 pounds of Marijuana in his possession. For the most part though, if quantities are equal, the more serious the drug, the more serious the legal trouble.
If you are charged with possession, sale or trafficking of drugs, it is important to tell your attorney which class or level you are charged with. This will give him or her a better idea of a defense strategy.
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