Drugs classified as Schedule III or Schedule IV under the Controlled Substances Act may not carry the same stigma as heroin or fentanyl—but if you’re caught with them illegally, the consequences in Pennsylvania can be severe.
You could face misdemeanor or felony charges, mandatory driver’s license suspension, steep fines, and even prison. A conviction will also result in a permanent criminal record, which could affect every aspect of your life—from employment and education to your parental rights.
If you’ve been arrested or charged with a Schedule III or IV drug offense, contact our Pittsburgh drug crime attorneys immediately for a free consultation at (412) 281-2146 or fill out our online form.
What Are Schedule III and Schedule IV Drugs?
Schedule I drugs are considered to have the most potential for abuse and addiction, while Schedule V drugs have the least potential. If your drug arrest involves Schedule III or Schedule IV drugs, can also be charged with a felony offense. If you are found guilty, you will be sentenced based on Pennsylvania’s mandatory minimum sentencing laws.
If you or a family member is charged with a Schedule III or IV drug crime, you must retain a defense attorney who thoroughly understands drug laws.
Schedule III Drugs Are Classified as Moderately Dangerous
Schedule III drugs are classified as having moderate to low potential to be physically or psychologically addictive. These drugs have an abuse potential that is lower than that of Schedule II drugs. Schedule III drugs do have medical use in the U.S. and are available by prescription.
Common examples include:
- Vicodin
- Ketamine
- Anabolic steroids
- Testosterone
- Tylenol with codeine
Schedule IV Drugs Have a Lower Danger Level
Schedule IV drugs are classified as having low potential to be physically or psychologically addictive. These drugs have an abuse potential that is lower than Schedule III drugs. Schedule IV drugs are also available by prescription in the U.S. because they may be recommended for certain medical uses.
Examples include:
- Xanax
- Soma
- Valium
- Ativan
- Darvocet
- Talwin
- Ambien
Even though these medications are legal with a prescription, unauthorized possession, sale, or distribution is a crime.
Penalties for Schedule III & Schedule IV Drug Charges in PA
In Pennsylvania, you have possession of a controlled substance when you own or possess it. If the controlled substance is available by prescription, and you are caught with the drug but without a valid prescription for it, you can be charged.
Possession
If you’re caught possessing a Schedule III or IV drug without a valid prescription:
- Up to 1 year in jail
- Fines up to $5,000
-
Driver’s license suspension:
- 6 months for a first offense
- 1 year for a second offense
- 2 years for a third offense
A conviction will also result in a criminal record that can:
- Prevent you from getting a job
- Block you from receiving federal student loans
- Affect professional licensing
- Hurt your chances of custody or visitation in family court
When Does Possession Become a Crime?
To convict of possession, prosecutors must prove:
For you to be convicted of possessing a controlled substance, prosecutors must prove:
- You knowingly and intentionally had control of an illegal drug.
- You knew the drugs were illegal, you knew the drugs were present, and you intended to use or control them.
- You either had actual or constructive possession of a controlled substance. In other words, you had the drug on your person, such as in your pocket, or in a spot that you had control over, like the trunk of your car or hidden under your bed.
Even if the drug was prescribed to someone else, you can still be charged if you don’t have a valid prescription in your name.
Is Selling or Intending to Sell A Schedule III or IV Drug a Felony?
If you are caught with a controlled substance in your possession, the courts in Pennsylvania can punish you harshly. But if you are arrested for selling, or intending to sell, those same drugs, the penalties you face will be even more severe.
-
Schedule III drug sales:
- Up to 5 years in prison
- Fines up to $15,000
-
Schedule IV drug sales:
- Up to 3 years in prison
- Fines up to $10,000
In Pennsylvania, the judge will use the specific circumstances of your case as part of the equation when he or she determines your sentence. You can receive heavier penalties based on factors such as drug amount, weapons involvement, prior convictions and whether you were arrested near a school.
What Pennsylvania Law Says About Drugs
Pennsylvania’s Controlled Substance, Drug, Device And Cosmetic Act prohibits knowingly or intentionally possessing drugs or fake drugs unless you have a prescription. Anyone in violation of this is charged with a misdemeanor. It also prohibits the manufacture, delivery, or possession with intent to deliver drugs unless you’re licensed to do so, and a violation is considered a felony.
If convicted, mandatory minimum sentencing laws may apply, depending on the drug type, quantity, and prior offenses.
What to Do If You’ve Been Charged
Step One: Contact a Drug Defense Lawyer Immediately
Do not speak to police or prosecutors before consulting a lawyer.
At Worgul, Sarna & Ness, we defend clients against drug charges every day. We know the local court system, the judges, and the prosecutors—and we use that knowledge to reduce or dismiss charges whenever possible.
Your Defense Strategy May Involve:
- Challenging the probable cause for your arrest
- Determining whether the drugs actually belonged to you
- Filing motions to suppress illegally obtained evidence
- Negotiating reduced charges or pursuing dismissal at trial
If your arrest happened during a traffic stop, we’ll examine whether police had legal grounds to search your vehicle. If the search was unlawful, the evidence may be thrown out.
Protect Your Rights. Protect Your Future.
A Schedule III or IV drug charge might not seem like a major offense, but the long-term consequences can be devastating.
Don’t leave your future to chance. Let our Pittsburgh criminal defense attorneys build a strategic, aggressive defense for you. Contact us today at (412) 281-2146 or advice@pittsburghcriminalattorney.com to schedule your free case consultation.
