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Controlled Substances/Drugs

Controlled Substances

All states regulate the illegal possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. Missouri classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them. Chapter 579 of the Missouri Code contains offenses and penalties related to controlled substances.

What Is a Controlled Substance?

A controlled substance is a drug, substance or “immediate precursor” in schedules established by statute and by the department of health.1 “Immediate precursors” are substances used to produce controlled substances or which must be controlled in order to prevent or curtail the manufacture of controlled substances.  A “drug” is defined as any substance appearing in certain official pharmacopoeia, substances intended to treat human or animal diseases, or substances (other than food) intended to affect the structure or bodily functions of humans or animals.2

How Does Missouri Classify Controlled Substances?

Missouri divides CDS into five “schedules.” Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses. The statutory list of controlled substances is extensive and can be found.3 Schedule I controlled substances are defined as those which have high potential for abuse and no accepted medical use in medical treatment in the United States or lack accepted safety for use in treatment under medical supervision.4 Schedule II controlled substances are those which have high potential for abuse, but which have currently accepted medical uses with severe restrictions, and the abuse of which may lead to severe psychic or physical dependence.5 Schedule III controlled substances are those with lesser potential for abuse, accepted medical treatment uses, the abuse of which leads to moderate or low physical dependence or high psychological dependence.6

These classes are also used to determine the severity of the applicable fines and jail (or prison) time for illegally possessing CDS. If you have been arrested for illegal controlled substance possession, you will need to consult the Missouri Code that lists precisely which drugs fit into each group or the Department of Health and Senior Services website where the schedules are annually updated and published.

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Attorney Thomas Kissell of Kissell Law Group is an experienced criminal defense attorney who has personally handled 1000s of cases all across the State of Missouri. If you, or someone you love is currently facing charges, contact us today!

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