What Is a Schedule 5 Substance? (2024)

This article lists the Schedule 5 substances with brief descriptions. The article then discusses possession of a Schedule 5 substance and drugged driving (OWI).

What is a Schedule 5 Substance?

A schedule 5 substance

  • Has a low potential for abuse relative to schedule 4 drugs
  • Has currently accepted medical uses in the U.S.
  • Has limited physical dependence or psychological dependence liability relative to the controlled substance on schedule 4, or the incidence of abuse is such that it should be dispensed by a practitioner

List of Schedule 5 substances

  • Loperamide – treats diarrhea

Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs or salts of narcotic drugs, which includes 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

  • Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams and not more than 10 milligrams per dosage unit. Codiene is an opioid.
  • Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams and not more than 5 milligrams per dosage unit. Dihydrocodeine semi-synthetic opioid analgesic prescribed for pain or severe dyspnea, or as an antitussive, either alone or compounded with paracetamol or aspirin.
  • Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams and not more than 5 milligrams per dosage unit.Ethylmorphine is an opioid analgesic and antitussive.
  • Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. Diphenoxylate can be used to treat diarrhea.
  • Not more than 100 milligrams of opium per 100 milliliters or per 100 grams and not more than 5 milligrams per dosage unit.
  • Except as otherwise provided in this subdivision (section below), ephedrine, a salt of ephedrine, an optical isomer of ephedrine, a salt of an optical isomer of ephedrine, or a compound, mixture, or preparation containing ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine. Ephedrine is a stimulant.

However, the following are not included in schedule 5

  • A solid dosage form, including but not limited to a soft gelatin caplet, that combines as active ingredients not less than 400 milligrams of guaifenesin and not more than 25 milligrams of ephedrine per dose, packaged in blister packs with not more than 2 tablets or caplets per blister. Guaifenesin is used as cough medicine, in Mucinex type-products, etc.
  • An anorectal preparation containing not more than 5% ephedrine.
  • A food product or a dietary supplement containing ephedrine, if the food product or dietary supplement meets all of the following criteria:
  • It contains, per dosage unit or serving, not more than the lesser of 25 milligrams of ephedrine alkaloids or the maximum amount of ephedrine alkaloids provided in applicable regulations adopted by the United States food and drug administration and contains no other controlled substance.
  • It contains no hydrochloride or sulfate salts of ephedrine alkaloids.
  • It is packaged with a prominent label securely affixed to each package that states the amount in milligrams of ephedrine in a serving or dosage unit; the amount of the food product or dietary supplement that constitutes a serving or dosage unit; that the maximum recommended dosage of ephedrine for a healthy adult human is the lesser of 100 milligrams in a 24-hour period or the maximum recommended dosage or period of use provided in applicable regulations adopted by the United States food and drug administration; and that improper use of the product may be hazardous to a person’s health

Possession of a Schedule 5 Controlled Substance

Possession of a schedule 5 substance without a prescription is a felony, punishable by up to 2 years in prison, a $2,000.00 fine and costs, or both. MCL 333.7403(2)(b)(ii).

Operating While Intoxicated by a Schedule 5 Controlled Substance

Michigan law prohibits the operation of a vehicle while intoxicated by a controlled substance.

There is no set amount of a schedule 5 drug in your system that will automatically render you intoxicated under the law. To be intoxicated, you must be under the influence of the drug. The phrase “under the influence” is defined as a substantially lessened ability to drive because of the drug consumption.

Drugs treat each person differently depending on their size, tolerance to the drug, and many other factors. Many of these scheduled substances on this schedule 5 list are prescribed by physicians. That’s how many people come to begin taking them. The amount of the drug prescribed by the physician may not be enough to impair a person. However, a small dose of codeine mixed with two stiff gin and tonics could all of a sudden render someone unfit to drive. A person could be charged with operating while intoxicated based on the combination of an intoxicating substance and alcohol (even if the amount of alcohol is really low). Or, taking larger amounts of the drug than prescribed could lead to intoxication.

A person could also be intoxicated from the amount of drug their practitioner prescribed. We should be able to assume that a physician would not prescribe too large of a dose but it of course happens. It would seem unfair that a person could be charged with OWI from simply taking the drugs as prescribed but it’s possible. While not technical trial defense to say you were taking medications as prescribed, a sympathetic jury might be unwilling to convict someone who was simply taking the meds prescribed by the doctor.

Contact Us

Call Sam Bernstein 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a DUI Attorney in Ann Arbor and Ypsilanti.

ArborYpsi Law is located at 2750 Carpenter Rd #2, Ann Arbor, MI 48108.

Read More

  • Inhalants And OWIs
  • Second-Offense OWI
  • I’ve Been Arrested For OWI, What Next?
  • What To Do When Pulled Over For An OWI

Courts We Practice In

  • 14A-2 District Court in Ypsilanti
  • 14B District Court in Ypsilanti Township
  • 15th District Court in Ann Arbor
  • 33rd District Court in Woodhaven
  • 34th District Court in Romulus
  • 35th District Court in Plymouth

Criminal Defense

At ArborYpsi Law we represent everyday people just like you. People charged with crimes who are concerned about their future, their jobs, their immigration status, and their liberty.

Let’s say you’re charged with driving under the influence. A DUI is one of the most common charges a person could receive. A DUI is also the one charge that a person who has never come close to trouble with the law might receive. First things first, you need information. The answer to your question is probably somewhere on this website. Browse around to try and find the answer. Give us a call and we’ll fill in the gaps. We can also sit down in person, for a free initial consultation, and answer any questions you may have, and explain the process.

Then we’ll proactively deal with the DUI charge. Anytime you are charged with a crime you have two options to resolve that case. You can do a plea or a plea bargain. This is typically where someone admits guilt in exchange for some sort of benefit in return. For example, a person might enter a plea bargain in which the judge promises no jail time, or the more serious charge is dismissed in exchange for a conviction to a charge with less consequences.

Now, you never have to do a plea bargain, for any reason. The second way to deal with a case is by challenging the case. File motions, drag out court dates, set the case for trial.

Sometimes, you may have to fight the case a little in order to get the deal that you want. So there may be some overlap.

We explain to people that challenging a case does not have to be something scary. The reality is a lot of trials are actually boring. We’re testing the sufficiency of the prosecution’s evidence against. Can the prosecution prove their case beyond a reasonable doubt? Don’t be afraid to go to trial because of what you see on TV. We can promise that the reality is nothing like TV.

At the end of the day, the choice between a plea or trial is always up to the client. The lawyer does not make the decision. The lawyer carries out the representation of the client in the manner to try and achieve the client’s goals. The client decides what to do and tells the lawyer what the goals are.

We are here to listen to your story and to your goals. No matter which route you decide, we will be with you every step of the way, and you will be a part of the case every step of the way. We do not take your money and run. You can always call, e-mail, or text, we will make time to talk or meet. You will never be in the dark about what’s happening in your case.

More Information

  • What is a Schedule 3 Substance?
  • What is a Schedule 4 Substance?
  • Drunk Driving Statute MCL 257.625
  • What Does “Operating” While Intoxicated Mean?

Call 734-883-9584 to Speak with a Criminal Defense Lawyer

What Is a Schedule 5 Substance? (2024)

FAQs

What are the main differences between a schedule I drug and a schedule V drug? ›

The schedules range from Schedule I to V. Schedule I drugs are considered to have the highest risk of abuse, with no recognized medical use in the US, while Schedule V drugs have the lowest potential for abuse.

What is an example of a controlled substance? ›

Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids. Controlled substances with known medical use, such as morphine, Valium, and Ritalin, are available only by prescription from a licensed medical professional.

What schedule drug is Adderall? ›

Adderall and Narcotics are Schedule II drugs under the Federal Drug Control Act. This is the same classification as cocaine, heroin, or meth. This also means that possessing any of these medications without a prescription is a FELONY.

What are Schedule 4 substances examples? ›

Examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol.

What is a schedule 5 drug? ›

Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes.

What is Schedule V vs IV? ›

Schedule V - The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV. The drug or other substance has a currently accepted medical use in treatment in the United States.

How to know if a drug is a controlled substance? ›

Controlled drugs are rated in the order of their abuse risk and placed in Schedules by the Federal Drug Enforcement Administration (DEA). The drugs with the highest abuse, and potential for psychological and/or physical dependence, are placed in Schedule I, and those with the lowest abuse potential are in Schedule V.

What is a Schedule 3 substance? ›

Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV.

What schedule is Ambien? ›

Ambien is classified as a federally regulated Schedule IV controlled substance, which is defined by the U.S. Drug Enforcement Agency as a drug with a low potential for abuse and a low risk of dependence.

What class of drug is Xanax? ›

Xanax Drug Class

Xanax is a benzodiazepine and a Schedule IV controlled substance. By law, this means that a prescription for Xanax is only good for six months and that it can only be refilled up to five times within that period.

Is Tylenol 3 a narcotic? ›

TYLENOL® with Codeine contains codeine. Codeine in combination with acetaminophen, is a Schedule III controlled substance. As an opioid, TYLENOL® with Codeine tablets expose users to the risks of addiction, abuse, and misuse (see DRUG ABUSE and DEPENDENCE).

What schedule drug is tramadol? ›

It has been classified as a controlled substance since 2014. Tramadol is a schedule IV controlled substance. It has a higher potential for dependence and addiction than non-controlled medications.

What are Schedule 6 drugs examples? ›

Types Of Schedule 6 Controlled Substances

The most commonly known schedule 6 substance is marijuana, though other unconventional recreational drugs are also included, such as toluene (in spray paint), amyl nitrite (poppers), and nitrous oxide (in many aerosols).

What is a Schedule 1 substance list? ›

Schedule I Controlled Substances

Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine ("Ecstasy").

What schedule is gabapentin? ›

As mentioned above, gabapentin is classified as a schedule V medication in states where it's a controlled substance. This means the risk of addiction is low compared to other controlled substances. But it's higher compared to non-controlled substances.

Which of the following is a difference between Schedule I and Schedule II drugs quizlet? ›

Some examples of substances listed in Schedule I are heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 4-methylenedioxymethamphetamine ("Ecstasy"). Schedule II drugs have limited medical use, high risk for abuse, and high risk for physical or psychological dependence.

Is alcohol a schedule 1 drug? ›

Special Cases. Although marijuana is listed as a Schedule 1 controlled substance under the Federal Controlled Substances Act, many states have legalized it or allow for its use in specific circumstances. Under the Uniform Controlled Substances Act, alcohol is not a controlled substance.

What are the different drug classes? ›

7 Drug Categories
  • (1) Central Nervous System (CNS) Depressants. CNS depressants slow down the operations of the brain and the body. ...
  • (2) CNS Stimulants. ...
  • (3) Hallucinogens. ...
  • (4) Dissociative Anesthetics. ...
  • (5) Narcotic Analgesics. ...
  • (6) Inhalants. ...
  • (7) Cannabis.

What are Schedule I and II drugs in Virginia? ›

Schedule I drugs have a high potential for abuse and no accepted medical use, and include heroin and LSD. Schedule II drugs have a high potential for abuse and severe dependence, but have a currently accepted medical use. Schedule II drugs include fentanyl, PCP, cocaine, methadone, methamphetamine, and codeine.

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