What Is Schedule 4 Drug Charge?
A Schedule IV drug charge involves the illegal possession, distribution, or manufacturing of drugs classified under Schedule IV of the Controlled Substances Act. These drugs have a recognized medical use but also a low potential for abuse and dependence compared to higher schedules. Common Schedule IV substances include Xanax, Valium, Ativan, and Tramadol. Charges can be either misdemeanors or felonies, depending on the quantity, intent, and prior criminal history.
What Are Schedule IV Drugs?
Schedule IV drugs are considered to have,
- A valid medical use in the U.S.
- A low potential for abuse relative to Schedule III substances
- A limited risk of physical or psychological dependence
Some examples include,
- Alprazolam (Xanax)
- Diazepam (Valium)
- Clonazepam (Klonopin)
- Tramadol
- Temazepam
Types of Schedule IV Drug Charges
- Possession without a prescription – Having the drug in your control without valid medical authorization
- Distribution or intent to distribute – Selling or planning to sell Schedule IV substances
- Trafficking or manufacturing – Larger-scale activity involving production or interstate transport
Penalties for Schedule IV Charges
The severity of punishment depends on the state, federal law, and the specifics of the case.
- Simple possession – Often charged as a misdemeanor; penalties may include fines, probation, or up to 1 year in jail
- Intent to distribute or trafficking – Typically a felony; can result in several years in prison and significant fines
- Repeat offenses – Increase penalties and may elevate misdemeanor charges to felonies
Defenses Against Schedule IV Charges
- Valid prescription – Showing proof that the drug was lawfully prescribed
- Unlawful search and seizure – Evidence collected improperly may be excluded
- Lack of intent – Especially for possession cases where distribution is claimed without proof