Schedule III and Schedule IV drugs are controlled substances with a moderate to low potential for abuse, and most are legal with a prescription. Schedule III includes ketamine, anabolic steroids, and some codeine combination products. Schedule IV includes benzodiazepines such as Xanax and sleep medications such as Ambien. In Pennsylvania, the penalty for a Schedule III or IV drug charge depends on whether you are accused of simple possession, which is a misdemeanor, or possession with intent to deliver, which is a felony. The specific penalties are listed below under Schedule III drug penalties and Schedule IV drug penalties.
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, 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 a Pittsburgh drug crime lawyer at Worgul, Sarna & Ness 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, you 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:
- Ketamine
- Anabolic steroids
- Testosterone
- Tylenol with codeine
Hydrocodone combination products such as Vicodin were moved to Schedule II in 2014.
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
- Ambien
Even though these medications are legal with a prescription, unauthorized possession, sale, or distribution is a crime.
Schedule III Drug Penalties in Pennsylvania
Pennsylvania sets the penalty for a Schedule III drug charge by the type of offense, not the specific drug. Simple possession without a valid prescription is a misdemeanor. Selling the drug, or possessing it with intent to deliver, is a felony.
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 of a Schedule III Drug
If you’re caught possessing a Schedule III drug without a valid prescription, you face the same penalties Pennsylvania applies to Schedule IV possession:
- Up to 1 year in jail
- Fines up to $5,000
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?
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.
Selling or Possessing a Schedule III Drug With Intent to Deliver
Selling a Schedule III drug, or possessing one with intent to deliver, is a felony. On conviction you face:
- Up to 5 years in prison
- Fines up to $15,000
Schedule IV Drug Penalties in Pennsylvania
Schedule IV drugs such as Xanax, Valium, and Ambien follow the same two-tier structure. Possession without a valid prescription is a misdemeanor with the same penalty as Schedule III possession. Selling or possessing with intent to deliver is a felony, with a lower maximum sentence than for Schedule III.
Possession of a Schedule IV Drug
Possession of a Schedule IV drug without a valid prescription carries the same penalties as Schedule III possession:
- Up to 1 year in jail
- Fines up to $5,000
Selling or Possessing a Schedule IV Drug With Intent to Deliver
Selling a Schedule IV drug, or possessing one with intent to deliver, is a felony. On conviction you face:
- Up to 3 years in prison
- Fines up to $10,000
Is Selling or Intending to Sell A Schedule III or IV Drug a Felony?
Yes. Delivering a Schedule III or IV drug, or possessing one with intent to deliver, is a felony in Pennsylvania.
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.
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, Criminal Defense Attorneys, LLC, 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.
Frequently Asked Questions About Schedule III and IV Drug Charges
Is a Schedule 3 drug charge a felony in PA?
It depends on the charge. Simple possession of a Schedule III drug without a valid prescription is a misdemeanor in Pennsylvania. Selling a Schedule III drug, or possessing it with intent to deliver, is a felony with a much higher maximum sentence.
What is the penalty for possession of a Schedule 3 drug in Pennsylvania?
Possession of a Schedule III drug without a valid prescription is a misdemeanor punishable by up to 1 year in jail and a fine of up to $5,000. A conviction also creates a criminal record that can affect employment, licensing, and student loans. The penalty is the same whether the drug is Schedule III or Schedule IV.
What is the difference between Schedule 3 and Schedule 4 drugs?
The difference is the potential for abuse and dependence. Schedule III drugs, such as ketamine, anabolic steroids, and some codeine combination products, have a moderate to low potential for abuse. Schedule IV drugs, such as Xanax, Valium, and Ambien, have a lower potential for abuse. In Pennsylvania, possession penalties are the same for both schedules, but selling a Schedule III drug carries a higher maximum sentence than selling a Schedule IV drug.
Can a first offense be dismissed or diverted?
Often, yes. Pennsylvania offers diversion programs for many first-time drug offenders, and completing one can end with the charge dismissed and the record eligible for expungement. Eligibility depends on the charge, your record, and the county. We also look for grounds to have the charge dismissed outright, such as an unlawful search.
Is Xanax a Schedule 4 drug?
Yes. Xanax, the brand name for alprazolam, is a benzodiazepine classified as a Schedule IV controlled substance. Other Schedule IV medications include Valium, Ativan, Soma, and Ambien. Xanax is legal with a valid prescription, but possessing it without one, or selling or sharing it, is a crime in Pennsylvania.
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.
