What Happens if a Drug Schedule is Changed During My Case?
Facing a drug charge is a stressful and confusing experience. However, when the laws surrounding these charges change, it adds additional layers of uncertainty to an already difficult situation. If you are facing a drug charge in Alabama, it's important to consult an attorney who is familiar with local drug laws. A change in a drug's classification could significantly affect your case, and working with a knowledgeable attorney can help protect your future.
At Kesling Law Firm, we have spent over a decade defending clients against drug charges in Orange Beach, Alabama, and across the Alabama Gulf Coast, including Baldwin County, as well as Gulf Shores, Foley, Elberta, Summerdale, and Robertsdale.
Our team provides dedicated and effective legal support, working hard to help you understand and protect your rights. It is essential that you feel comfortable and informed through every step of the legal process. Here, we aim to help you understand what happens if a drug schedule is changed during your case.
Understanding Drug Schedules
The federal government and state governments categorize controlled substances into different categories, known as schedules. These classifications are based on a drug's potential for abuse, its accepted medical use, and its potential for creating psychological or physical dependence. The categories range from Schedule I (most serious) to Schedule V (least serious).
Schedule I Drugs: These substances are considered to have a high potential for abuse and no currently accepted medical use in treatment in the United States. There is also a lack of accepted safety for the use of the drug under medical supervision. Examples include heroin, LSD, and ecstasy.
Schedule II Drugs: Schedule II drugs also have a high potential for abuse, but they have some currently accepted medical uses, often with severe restrictions. Abuse of these substances may lead to severe psychological or physical dependence. Typical examples include cocaine, methamphetamine, oxycodone, and fentanyl.
Schedule III Drugs: These drugs have a moderate to low potential for physical and psychological dependence compared to Schedule I and II drugs. They have an accepted medical use in treatment. Examples include ketamine, anabolic steroids, and products containing less than 90 milligrams of codeine per dosage unit (like Tylenol with codeine).
Schedule IV Drugs: Substances in this category have a low potential for abuse relative to Schedule III drugs and a currently accepted medical use. Abuse may lead to limited physical or psychological dependence. Examples include Xanax, Valium, and Ambien.
Schedule V Drugs: These substances have the lowest potential for abuse among all scheduled drugs and consist primarily of preparations containing limited quantities of certain narcotics. They are generally used for antidiarrheal, antitussive, and analgesic purposes. Cough preparations with less than 200 milligrams of codeine are an example.
How and Why Drug Schedules Change
Drug schedules are not set in stone. They can be, and often are, changed through a process called "rescheduling." This can happen at both the federal and state levels. The process is typically initiated when new scientific or medical information about a substance becomes available.
For example, a drug might be moved to a more restrictive schedule if new evidence shows a higher potential for abuse than previously thought. This is what happened with certain synthetic cannabinoids and cathinones, often sold as "bath salts" or "spice," which were placed into Schedule I.
Conversely, a substance can be moved to a less restrictive schedule or even be "descheduled" entirely. This often occurs when a drug is found to have a valid medical purpose or a lower potential for abuse. The ongoing discussions around cannabis are a prominent example. As more states legalize it for medical or recreational use, there is continuous pressure on the federal government to reschedule it from its current Schedule I classification.
The process for rescheduling typically involves a petition to the Drug Enforcement Administration (DEA) or the Department of Health and Human Services (HHS). These agencies review the available scientific and medical data, including the drug's abuse potential, its pharmacological effect, and its history of abuse, to make a determination.
The Impact of Rescheduling on a Pending Case
If you are facing drug charges and the schedule of the substance involved is changed while your case is ongoing, the consequences can be significant. The specific impact depends on several factors, including the timing of the change, whether the charge is under state or federal law, and the direction of the change (i.e., whether it is more or less restrictive).
When a Drug is Moved to a Less Restrictive Schedule
If a drug is reclassified to a lower schedule or descheduled altogether, it could be very beneficial for your case. This is based on a legal principle sometimes referred to as the "rule of lenity" or savings statutes, which generally state that a defendant should receive the benefit of a lighter penalty if the law changes before their case is final.
For instance, imagine you were charged with possession of a Schedule I substance, which carries severe penalties. If, during your case, that substance is moved to Schedule III, the potential sentence for the same offense could be drastically reduced. Your attorney could file a motion arguing that the new, more lenient sentencing guidelines should apply to you. This could lead to reduced charges, a more favorable plea bargain, or a lighter sentence if you are convicted.
When a Drug is Moved to a More Restrictive Schedule
The situation is more complicated if a drug is moved to a higher, more restrictive schedule. Generally, you cannot be punished under a harsher law than the one that was in effect at the time you committed the alleged offense. This principle is rooted in the Ex Post Facto Clause of the U.S. Constitution, which prohibits making an act illegal retroactively or increasing the punishment for a crime after it has been committed.
If you were arrested for possession of a Schedule IV drug, and it is later reclassified as a Schedule II drug, the prosecution cannot suddenly charge you with the more serious crime. You would be tried and sentenced based on the law as it existed on the date of the alleged offense. However, this doesn't mean the change has no effect. A prosecutor might be less willing to offer a lenient plea deal, knowing the substance is now considered more dangerous.
Criminal Defense Attorneys Serving Orange Beach, Alabama
In Alabama, the classification of controlled substances largely mirrors the federal system. The state maintains its own list of scheduled drugs, and penalties for possession, sale, or trafficking are tied directly to these schedules. The Alabama Legislature has the authority to add, delete, or reclassify substances through the legislative process. Our firm stays current on all changes to controlled substance laws to provide the most effective defense for our clients.
For over a decade, our attorneys at Kesling Law Firm have represented clients throughout the Alabama Gulf Coast, including Orange Beach, Baldwin County, and the Gulf Coast, including Gulf Shores, Josephine, Foley, Elberta, Summerdale, and Robertsdale. We are recognized for our unyielding commitment to our clients and our ability to provide exceptional legal counsel. Contact us today for legal assistance with your criminal defense. We will not rest until your voice is heard.