Under federal law (applicable in all states) it is illegal for a person to knowingly or intentionally possess a controlled substance, unless the substance was obtained through a valid prescription or order from a practitioner, while acting in the course of the practitioner’s professional practice. See 21 U.S.C. §844.
The term controlled substance means a drug or other substance—or an immediate precursor to the drug or other substance—that is included in schedule I, II, III, IV, or V of the relevant portion of the United States Code (statute). See 21 U.S.C. §841.
The term practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted by the United States or the jurisdiction (state) in which he practices or does research to distribute, dispense, conduct related research, administer, or use in teaching or chemical analysis a controlled substance in the course of such professional practice or research. 21 U.S.C. §802(21).
As under federal law, state laws usually classify substances in groups or schedules that determine which substances are included in the definition of controlled substances, and the potential penalties or punishments for possessing them without legal authorization. Criminal charges and penalties for these offenses vary from state to state and are usually located in a state’s statutes—often in the penal or criminal code. Illegal possession of controlled substances may also be prosecuted under federal law. See 21 U.S.C. §844.
Under both federal and Ohio state law, it is illegal to possess a controlled substance without a valid prescription or order from a licensed practitioner. Controlled substances are classified into five schedules (I-V) based on their potential for abuse, with Schedule I substances having the highest potential for abuse and no accepted medical use. In Ohio, the possession of controlled substances is governed by the Ohio Revised Code, which outlines the schedules and penalties for possession. Penalties for possession can range from minor misdemeanors to felonies, depending on the type and amount of the substance. Additionally, federal law, specifically 21 U.S.C. § 844, also prohibits the possession of controlled substances without a prescription, and violations can result in federal charges with potentially severe consequences. Practitioners, as defined in 21 U.S.C. § 802(21), are authorized to handle controlled substances within the scope of their professional practice and research.
