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Frequently Asked Question

DEA

What Are the DEA Drug Schedules?

The DEA drug schedules are the five categories of controlled substances created by the Controlled Substances Act. A substance is placed in a schedule based on findings about its potential for abuse, whether it has a currently accepted medical use in treatment in the United States, and its dependence or safety profile (21 U.S.C. 812). DEA publishes the lists in 21 CFR 1308.11 through 1308.15.

  • Schedule I. High potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Examples include heroin, LSD, MDMA, psilocybin, mescaline, and marihuana (21 CFR 1308.11).
  • Schedule II. High potential for abuse and a currently accepted medical use, including use with severe restrictions. Abuse may lead to severe psychological or physical dependence. Examples include coca leaves and cocaine, methamphetamine, amphetamine, fentanyl, and opium (21 CFR 1308.12).
  • Schedule III. Lower potential for abuse than Schedules I and II and a currently accepted medical use. Abuse may lead to moderate or low physical dependence or high psychological dependence. Examples include ketamine and FDA-approved drug products containing GHB (21 CFR 1308.13).
  • Schedule IV. Low potential for abuse relative to Schedule III and a currently accepted medical use, with limited dependence relative to Schedule III. Flunitrazepam is listed here (21 CFR 1308.14).
  • Schedule V. Low potential for abuse relative to Schedule IV and a currently accepted medical use, with limited dependence relative to Schedule IV. Examples include certain preparations with limited amounts of codeine combined with non-narcotic active medicinal ingredients (21 CFR 1308.15).

A substance can appear in more than one schedule depending on its form, as with GHB and, since April 2026, marijuana. GHB is in Schedule I, while an FDA-approved drug product containing it is in Schedule III. Some substances, such as dextromethorphan (DXM) and salvia divinorum, do not appear in the federal schedules.

Marijuana outside the categories described below remains in Schedule I (21 CFR 1308.11). A final rule effective April 28, 2026 placed marijuana, marijuana extract, and naturally derived delta-9-THC in Schedule III when they are in an FDA-approved drug product or subject to a state medical marijuana license (91 FR 22714, 21 CFR 1308.13(g)). The broader proposal to move marijuana as a whole to Schedule III, first published in May 2024 (89 FR 44597), went to a new DEA hearing beginning June 29, 2026 (91 FR 22777). No final rule on that broader proposal appeared in the Federal Register through October 25, 2026. The marijuana rescheduling process does not change workplace test panels on its own. DOT lists the drugs and cutoff levels for its urine tests separately in 49 CFR 40.85.

We are not a law firm. The information on this website is for informational purposes only and may not be up to date. Always consult a licensed attorney for personalized legal advice.

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