Crime Test #6 Study Guide Part 2

Controlled Substance, Drug, Device, and Cosmetic Act

Title 35 short title
o Controlled Substance, Drug, Device, and Cosmetic Act
Designer Drug (2 questions)
o Substance other than a controlled substance
o Chemical structure substantially similar to that of a controlled
substance in Schedule 1, 2, or 3
o Produces an effect substantially similar to a controlled substance in
Schedule 1, 2, or 3
Drug Paraphernalia
o Must contain residue of a drug to be illegal
o Otherwise, by itself, not illegal to possess
Plain View Doctrine
o Includes both plain sight and plain SMELL
Schedules
o Schedule I
High potential for abuse
No currently accepted medical use
Lack of accepted safety for use under medical supervision
Examples: Heroin, Ecstasy, LSD, Mushrooms, Marijuana/Hash
o Schedule II
High potential for abuse
Currently accepted medical use with severe restrictions
Abuse may lead to severe psychic or physical dependence
Examples: Cocaine, Methadone, Amphetamines,
Methamphetamines, PCP
o Schedule III
Potential for abuse less than S1 and 2
Well-documented and currently accepted medical use
Abuse may lead to moderate or low physical dependence or high
psychological dependence
Examples: Codine, Steroids, HGH, Ketamine
o Schedule IV
Low potential for abuse relative to S3
Currently accepted medical use
Limited physical and/or psychological dependence relative to S3
o Schedule V
Low potential for abuse relative to S4
Currently accepted medical use
Limited dependence relative to S4
Possession Sections
o Subsection (16) Simple possession - Misdemeanor
Possession of controlled substance without a prescription
Do not cite possession of Marijuana under this section

o Subsection (30) Possession w/ intent to distribute - Felony

Manufacture, delivery, or possession with intent to distribute
without a license
Knowingly creating, delivering, or possessing a counterfeit
controlled substance
o Subsection (31) Small amount of Marijuana Misdemeanor
Possession for personal use
Possession with intent to distribute but not sell
30 grams of Marijuana or 8 grams of Hashish
o Subsection (32) Drug Paraphernalia Misdemeanor
Anything used in the manufacture, distribution, selling, or using of
any drug.
REMEMBER Must contain residue of drugs otherwise it is
not illegal to possess
Distribution to persons under 18
o Anyone who is over 21,
o who is not himself a drug-dependent person
o who distributes a S1-5 controlled substance to a person
under 18 years old
who is at least 4 years younger
o PENALTY Term of inprisonment twice as long as normal sentence.