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The federal government decides if and how a drug should be
controlled. Psychoactive (mind-altering) chemicals are categorized
according to Schedule I-V. This schedule designates if the drug
can be prescribed by a physician and under what conditions.
Factors considered in this categorization include a drug's known
and potential medical value, its potential for physical or psychological
dependence, and risk, if any, to public health. Penalties for
the illegal sale or distribution of a drug are established using
the designation of Schedule I-V. If you have knowledge of a
drug-related felony you must report it to a law enforcement
official. Below are Federal Trafficking Penalties as of January
1, 1997:
Schedule I drugs have a high potential for
abuse with no medical use. Production of these drugs is controlled.
Examples include heroin, methaqualone, all hallucinogens (phencyclidine
analogs can be I or II), marijuana and hashish. Tetrahydrocannabinol
(THC), depending on its form, can also be a Schedule II drug.
Schedule II drugs have a high potential for
abuse and have some medical uses with severe restrictions. Production
of these drugs is controlled. Examples include opium, morphine,
codeine, some other narcotics, barbiturates, cocaine, amphetamine/methamphetamine
and phencyclidine (PCP).
Federal and State of Ohio penalties for selling Schedule I
and II drugs vary with the quantity of the drug. Additionally,
if death or serious injury is associated with the sale and/or
if it is a second offense, penalties are more severe. When establishing
penalties for sale of marijuana, hashish and hashish oil, the
quantity and/or if it is a second offense are considered. The
federal penalties for marijuana less than 50 kg mixture, hashish
10 kg or more, and hashish oil 1 kg or more are similar to those
set for III drugs. Marijuana quantities above 50 kg mixture
or 50 plants are penalized according to quantity, number of
offenses, and/or if serious injury or death. These penalties
are similar to those listed for Schedule I and II.
The federal penalty for first-offense sale of small amounts
of Schedule I and II drugs is not less than five years/not
more than 40 years; if death or serious injury, not less than
20 years or more than life; fine of not more than $2 million
individual/$5 million other than individual."
Schedule III, IV, and V drugs include those
that most citizens would categorize as "prescription drugs."
Schedule III drugs have some potential for abuse, but less than
I and II. The potential for abuse of Schedule IV drugs is less
than Schedule III, and Schedule V is less than IV. All Schedule
III-V drugs have accepted medical uses and production is not
controlled. Examples of these drugs include anabolic steroids
(III), some narcotics, some barbiturates and other depressants
which are not classified as I or II.
The federal penalty for first-offense sale of a Schedule III
drug is "Not more than five years; fine of not more than $25,000
individual/$1 million not individual. The federal penalty for
first offense sale of Schedule IV drugs is not more than three
years." The fine is the same as for Schedule III drugs. The
federal penalty for first-offense sale of Schedule V drugs is
not more than one year, fine of not more than $100,000 individual/$250,000
not individual."
Sale of some Schedule III drugs is a felony and has a State
of Ohio penalty of "up to seven years; or a fine up to $5,000;
or both." The State of Ohio penalty for sale of Schedule
IV drugs is a felony and has a penalty of up to four years;
or a fine up to $2,000, or both. ìSale of Schedule V drugs in
the State of Ohio is also a felony and has a state penalty of
up to two years, or a fine up to $2,000, or both."
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BGSU
Safety and Security