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What is a Controlled Substance?

On behalf of Dolan + Zimmerman LLP December 28, 2021

If you’ve ever been arrested for possession of a controlled substance or stopped by law enforcement for suspicion of being in possession of a controlled substance, you might have wondered what exactly is a controlled substance? Is it any type of illegal substance? What if it’s prescribed and you possess it legally – is it still controlled? It’s important to understand what a controlled substance is and the laws surrounding the possession and distribution of them so you don’t inadvertently find yourself in trouble with the law.

In Colorado, a controlled substance means a drug, substance, or immediate precursor included in schedules I through V of part 2 of this article, including cocaine, marijuana, marijuana concentrate, cathinones, any synthetic cannabinoid, and salvia divinorum. C.R.S. § 18-18-https://law.justia.com/codes/colorado/2020/title-18/article-18/section-18-18-102/102(5).

It’s not always illegal to possess a controlled substance

Controlled substance means exactly what it sounds like: these substances are subject to control by the government because the legislature has determined that such control is necessary for the preservation of public safety and public health. C.R.S. § 18-18-401(1)(a). While some controlled substances are always illegal, not all of them are. For example, prescription opioids are controlled substances, but when prescribed legally by a doctor and taken as recommended, there is nothing illegal at all about possessing them.

Different schedules of controlled substances

Within the category of controlled substances, there are subcategories that determine which substances are the most dangerous and which you can be punished the most harshly for possessing. The schedules of controlled substances include the following:

  • Schedule I– includes substances that the legislature believes to have high potential for abuse, have no currently accepted medical use in treatment in the United States, and that lack accepted safety for use under medical supervision. R.S. § 18-18-203.
  • Schedule II – includes substances that the legislature believes to have (a) The substance has high potential for abuse, have no currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions, and the abuse of the substance may lead to severe psychological or physical dependence. R.S. § 18-18-204.
  • Schedule III – includes substances that the legislature believes to have a potential for abuse less than the substances included in schedulesI and II, to have currently accepted medical use in treatment in the United States, and substances the abuse of which may lead to moderate or low physical dependence or high psychological dependence. C.R.S. § 18-18-205.
  • Schedule IV – includes substances that the legislature believes to have low potential for abuse relative to substances included in schedule III, to have a currently accepted medical use in treatment in the United States, and the abuse of which may lead to limited physical dependence or psychological dependence relative to the substances included in schedule III. C.R.S. § 18-18-206.
  •  Schedule V – includes substances that have a low potential for abuse relative to substances included in schedule IV, that have a currently accepted medical use in treatment in the United States, and the abuse of which may lead to limited physical dependence or psychological dependence relative to the substances included in schedule IV. C.R.S. § 18-18-207.

Contact an attorney for assistance

If you were arrested for possession of a controlled substance or have any questions about the legality of controlled substances, consider contacting a criminal defense attorney right away. All criminal offenses should be taken seriously.