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Module 3: Essay 1

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Instructor

CRJ 408

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Module 3: Essay 1

Intended Purpose of the Controlled Substances Act 1970

Controlled substances generally refer to the medications regarded easily abused. Such

drugs include stimulants, narcotics, hallucinogens, depressants and anabolic steroids. The goal of

the Controlled Substances Act (CSA) 1970 is well defined; enhancement of the manufacturing,

exportation and importation, dissemination, and administration of controlled substances (Gabay,

2013). It has three titles, with each respectively dealing with the institution of rehabilitation

plans, registering and distributing the controlled substances, and the exportation and importation

of the substances. The act also has scheduled listed chemical products’ information (SLCPs). To

fulfill the purpose, the concerned parties namely the distributors, the dispensers and the

manufacturers ought to be registered with the DEA (Drug Enforcement Administration), which

is tasked with enforcement of the act. Therefore, it is clear that the act regulates all processes that

deal with the controlled substances.

CSA places those substances that were under some regulation into five schedules. It

provides a mechanism for the substances to be transferred between or added to schedules, or

removed from control (Spillane, 2004). Title I of the act deal with rehabilitation for drug users.

Title II is the one that deals with registration and distribution of the substances being controlled

whereas Title III has the task of determining the controlled substances’ importation and

exportation. Improvement of the manufacturing, importation and exportation, distribution and

dispending of the substances would be very important in dealing with the controlled substances.

Being easily abusable, the act ensures that the drugs are under tight watch to reduce the amount

of damage they can cause to the populace. Under the five schedules of the drugs, those in

schedule I have the highest effects or potential for harm.

How and Why Drugs are Classified/Scheduled

Drugs are classified into five discrete schedules, based on the drug’s standard medical

utility and its potential for dependency or abuse (Lopez & Tadi, 2020). Generally, the most

important scheduling factors are the abuse rate of the drug and its rate for potential dependence.

For instance, drugs in Schedule I are those with relatively high potential for abuse and creation

of dependence (psychological and/or physical). On the other hand, drugs in Schedule V

relatively have the least potential for abuse and creation of dependence. Other factors for

classification are the chemical structure, therapeutic effects and mechanism of action of a drug.

The schedules of the drugs are listed for general referencing in alphabetical order, describing the

parent chemical.

Drugs are classified/schedule to demarcate their legality based on the

classification/scheduling factors as discussed above. Therefore, classification is done to

categorize developing and current drugs (Lopez & Tadi, 2020). This aids medical experts, law

enforcement and law making in handling of specific substances. The organization of the drugs

also aids in safety regarding their use. It educates users on the risks and impacts of certain drugs

based on their schedules or categories. Indeed, it is a key drug management tool.

The scheduling of drugs or other substances is based on the factors listed in Section

201(c) of the CSA (Lampe & Attorney, 2019). The relative or actual potential for abuse is the

major factor as discussed. The other factor is presence of scientific evidence of the

pharmacological effect of the drug or substance if known. The known scientific evidence of the

effect of the drug is an important determinant of a drug’s schedule as it is quite accurate.

Additionally, scheduling considers the state of existing scientific knowledge concerning the

substance or the drug. Scientific knowledge may point out to potential nature of the drug or
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substance. Another factor is the current patter and history of abuse of the drug. Indeed, the abuse

trend determines scheduling as it defines the harm it causes to the society.

The significance, the duration and the scope of abuse of a drug or substance is also a

major factor to consider in scheduling drugs. It farther points out to the trend of abuse,

showcasing the amount of damage it causes to the society and hence its correct schedule if more

harm should be evaded. Furthermore, the risk to public health, if any, of a drug or substance

must be considered in scheduling the drugs or substances. There should be good understanding

go the potential risks the drug or substance has to the health of the people and hence categorize it

in the right schedule. The physiological or psychic dependence liability is another factor to

consider. Drugs with potential to cause dependence should be highly regulated. Finally, among

the factors to consider is whether the drug or substance is a precursor of another drug or

substance that is already being controlled (Yeh, 2012). That link between the drugs under control

and their precursor points out to the potential of the precursors to causing the same damage or

effects to the users and society at large.

Drugs or substances with a high potential for abuse, no current accepted medical use and

lack of accepted safety for use are placed under schedule I. Schedule II drugs encompass those

that have high potential for abuse, has no acceptance for medical use and may lead to severe

physical or psychological dependence hence considered dangerous. On the other hand, schedule

III are those drugs that that have their potential for abuse less than schedules I and II but more

than schedule IV (Lampe & Attorney, 2019). Drugs or substances in this schedule also have

acceptance for medical use in treatment. These drugs or substances have moderate to low

potential for physical dependence but have high psychological dependence. On the other hand,

schedule IV drugs have low potential for abuse and risk of dependence in comparison to
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schedules I, II and III. They are also accepted for medical use in treatment. Schedule V drugs or

substances have low potential for abuse with reference to schedule IV. They are accepted for

medical use in treatment. These are drugs that are generally utilized for purposes such as, as

antidiarrheal, analgesic and antitussive drugs, chemicals or substances.

The Medical and Legal Issues Surrounding Rescheduling Marijuana

Rescheduling marijuana refers to placing of marijuana under schedule that is less

restrictive. This might result in the damage to the markets for adult use, hurdles for current

marijuana business operators, and greater medical use and research of marijuana (Cole, 2013).

There have been several failed attempts to reschedule marijuana.

Medically speaking, rescheduling of marijuana may largely influence the rescheduling of

THC (the principal psychoactive ingredient of marijuana) (Celeste, 2020). This might empower

physicians to easily prescribe it whenever it is an option. Its medical necessity may increase,

though varying from state to state. Nevertheless, the rescheduling can also increase the use of

the marijuana and hence the subsequent increase in dependence among the users. Legally, the

rescheduling of marijuana would mean the loosening of the tough law enforcement measures

(Wallack & Hudak, 2016). Nevertheless, it may disrupt the business of marijuana, which may

cause legal fights.

How and Who Enforces CSA Regulations

The CSA regulations are enforced by the Attorney General through the delegation to the

DEA. The DEA thus regulates the use of controlled substances (Sacco, 2014). The DEA enforces

the regulations by registering those who handle any controlled or listed substances. DEA ensures

that the laws and regulations are observed regarding the CSA and hence brings to civil and

criminal justice those involved in illicit traffic of the substances (Sacco, 2014). It also
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recommends programs that control the availability of the illegal controlled substances. This

enforcement is fully addressed under DEA’s responsibilities, being its primary role.

DEA requires all registrants to keep complete and accurate records of all transactions

regarding the controlled substances (Gabay, 2013). This helps in regulating their distribution and

dispensation. It also requires them to maintain thorough inventories of the substances or drugs

they possess. In addition, the DEA requires the registrants to file reports (periodically) while

ensuring that the substances in their possession are stored securely. These registrants are required

by the DEA to safeguard the drugs they possess in accordance with the DEA regulations. The

DEA also informs on the prohibited acts relating to the manufactory, distribution, and

dispensation of the controlled substances.

DEA may investigate any drug or substance whenever they receive a petition. They are

tasked with the proceedings of adding, deleting or changing of the schedules of drugs or

substances (Yeh, 2012). The DEA defines the manner of movement of controlled substances to

the patients, from the manufacture. In a nutshell, the enforcement encompasses scheduling,

regulation, registration, recordkeeping, distribution, dispensation, quotas, security, penalties, and

disposal regarding controlled substances. DEA thus operates a lot of controls on the drugs or

substances under control.

References

Celeste, M., & Thompson-Dudiak, M. (2020). Has the Marijuana Classification Under the

Controlled Substances Act Outlived Its Definition?. Connecticut Public Interest Law

Journal, Forthcoming.

Cole, J. (2013). Guidance regarding marijuana enforcement. Fed. Sent'g Rep., 26, 217.

Gabay, M. (2013). Federal controlled substances act: controlled substances

prescriptions. Hospital pharmacy, 48(8), 644.Hodroff, M. B. (2014). The Controlled

Substances Act: Time to Reevaluate Marijuana. Whittier L. Rev., 36, 117.

Gabay, M. (2013). The federal controlled substances act: schedules and pharmacy

registration. Hospital pharmacy, 48(6), 473.

Lampe, J. R., & Attorney, L. (2019). The Controlled Substances Act (CSA): a legal overview for

the 116th Congress. Congressional Research Service: Report, 1-30.

Lopez, M. J., & Tadi, P. (2020). Drug Enforcement Administration Drug Scheduling. StatPearls

[Internet].

Sacco, L. N. (2014). Drug enforcement in the United States: History, policy, and trends (Vol. 7).

Washington, DC: Congressional Research Service.

Spillane, J. F. (2004). Debating the controlled substances act. Drug and Alcohol

Dependence, 76(1), 17-29.

Wallack, G., & Hudak, J. (2016). Marijuana Rescheduling: A Partial Prescription for Policy

Change. Ohio St. J. Crim. L., 14, 207.

Yeh, B. T. (2012). The controlled substances act: regulatory requirements. Washington, DC:

Congressional Research Service.