Drug Schedules in Georgia

Georgia Practice Areas

Drugs are classified into different schedules so that they can be regulated based upon their certain shared properties. Drug Schedules are determined at the federal level, but are also organized by the State of Georgia in O.C.G.A. § 16-13-25 through § 16-13-29.

• Schedule I: These drugs are considered to have a high potential for abuse, and no accepted medical use. Schedule I drugs include Heroin, LSD, Psilocybin (mushrooms), and MDMA (Ecstacy). Marijuana is considered Schedule I by the U.S. government despite many states passing laws that recognize its medical use. Georgia treats marijuana possession differently than other Schedule I drugs in that simple possession of less than one ounce is a misdemeanor, but if the THC has been removed from the leafy green substance, it can be charged as felony possession of a Schedule I substance.
• Schedule II: These drugs are considered to have a high potential for abuse, but having some accepted medical use. Schedule II drugs include Cocaine, Amphetamine, Opium, Morphine, Codeine, Hydrocodone, Oxycodone, Ketamine, and Fentanyl.
• Schedule III: These drugs are considered to have less potential for abuse than Schedule I and II, having some accepted medical use, and may lead to moderate or low physical dependence if abused. Schedule III drugs include Central Nervous System (CNS) depressants, CNS stimulants, anabolic steroids, some barbiturates, and substances or mixtures containing limited amounts of narcotics.
• Schedule IV: These drugs are considered to have low potential for abuse compared to Schedule III, having some accepted medical use, but may lead to limited physical and psychological dependence if abused. Schedule IV drugs include Alprazolam (Xanax), Clonazapam (Klonopin), Diazepam (Valium), and Zolpidem (Ambien).
• Schedule V: These drugs are considered to have low potential for abuse compared to Schedule IV, having some accepted medical use, but may lead to limited physical and psychological dependence if abused. Schedule V drugs include substances or mixtures containing limited amounts of narcotics.

Over the Counter Medications: O.C.G.A. § 16-13-29.1 specifically exempts certain non-narcotic substances from all drug schedules, and allows for them to be purchased over-the-counter with no prescription required. Over the Counter Medications include certain tablets, syrups, inhalers, sprays, elixirs, and ointments.

Have you been arrested for a Georgia drug charge? Contact Kunes Law Office today at (229) 382-4900 for a free consultation to determine your rights and possible defenses.