What Is a Schedule 5 Substance?

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.

Call 734.883.9584 for ArborYpsi Law

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 4158 Washtenaw Ave., Ann Arbor, MI 48108.

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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.

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