DEA Drug Scheduling And The Legitimacy Of Drug Tests

The legitimacy of drug testing has been brought into question in recent years because of the governmental right allotted under the Controlled Substances Act of 1970 to perform drug tests before releasing certain medications to the public. In the 1970s, some individuals argued that it constituted a breach of their human rights to deny them certain drugs pending testing. As a consumer though, every individual within the United States has a fundamental right to know that the substances that he or she is putting into his or her body will not cause any temporary harm or permanent damage. This principle should not be taken for granted, especially if you consider that it has only been within the last forty years that individuals have been granted the right to that peace of mind as far as drugs are concerned.

The Controlled Substances Act actually regulated the possession, manufacture, importation and distribution of certain drugs and thus was able to implement drug testing at every phase when dealing with certain substances. Many individuals today hold the common misconception that it is only narcotic drug tests that are regulated under the act, but this is not the case. It brings all drugs under the jurisdiction of the federal government and thus the drug test performed may actually be more comprehensive than a drug test performed by an individual state with a limited budget.

The DEA drug schedule and drug testing is designed to critique individual drugs on the potential each one has for addiction and thus abuse. Certain drugs do have medical value and thus it has become somewhat of a heated topic. For example, marijuana has been placed on the drug schedule after extensive drug testing, but many doctors espouse its virtue in terms of pain relief for patients with terminal illnesses who may indeed be in agony all day long. A drug test could actually effectively rule a substance like marijuana to be illegal and thus make it far more difficult for individuals that need it to get hold of it.

The DEA can add and remove drugs from any one of the schedules as and when they please as a result of the drug test policy they have, despite the fact that Congress actually passed the original schedules. There are actually five schedules and each has a different qualification guideline, thus determining which substances are actually placed within them. An individual drug test to remove a drug from the list, or indeed add one, would have to be initiated by a party outside of the DEA lodging a complaint about the status of the drug. In the past, there have been many campaigns that have provoked DEA drug testing, and the manufacturer of the drug in question usually initiated them. However, medical societies, pharmaceutical societies, public interest groups, other state and federal government bodies and individuals have all launched campaigns in the past.

Any drug testing undertaken by the DEA to determine the drug schedule that individual drugs are placed on has to have certain components in order to justify their decision. There has to be a medical and scientific evaluation conducted during every drug test and the results of those are usually published to allow for any individual objections. If the drug does not merit control then it is not placed on any of the schedules, but if it does need a degree of control from federal government then it is appropriately placed within the drug schedule.

There are very few circumstances in which an individual drug may actually be placed on one of the schedules without actually undergoing a drug test. However, certain substances can be temporarily scheduled if the Attorney General deems it necessary. The DEA may have little involvement in this decision. Any drug that happens to be scheduled before drug testing has to be placed in Schedule I as a matter of course under the provision that it has been classified to protect public safety. Although it does take thirty days to actually schedule the drug, it would then be on the list for a year unless it’s placement was challenged. Certain policital situations, such as a breach of import and export laws, are excellent examples of the need for scheduling before drug testing.

The Schedules

Schedule I drugs have the potential to be highly addictive and include cannibis (present in marijuana), heroine and MDMA. There is no medical use for these drugs in the USA and are illegal to use. Drug testing has been limited on these substances because there have been few challenges to placement, with the exception os MDMA which had been used to treat post-traumatic stress disorder and was originally on Schedule III.

Schedule II drugs also have the potential to be highly addictive but do have accepted medical uses in the USA, albeit under strict conditions. As a result of drugs tests, this includes cocaine, morphine, codeine and amphetamines.

Schedule III drugs can potentially lead to dependence but are not as addictive as Schedule I and II drugs. They also have valid medical uses within the USA. They include anabolic steroids, ketamine and dihydrocodeine. Drugs testing has proved that these substances have far more valid uses than some others but are not as dangerous if properly and medically controlled.

Schedule IV drugs and Schedule V drugs have similar characteristics, but the latter is deemed less of a concern in terms of potential dependency. They are both widely used in the USA for medical purposes in a controlled environment but are low on the addictive scale. Drug testing may place substances on these lists so that individuals exercise caution when they are taking them!

Some states actually have an independently run Schedule VI. This is not enforced by the federal government and only serves to provide them with limited control. Substance usually on that list after a drug test are aerosols and similar substanes that are not generally consumed but may sill be abused.

Whether a drug is on Schedule I or Schedule V, it is important for individuals to assess whether they really need to take it or not. Drug dependency is a huge concern these days and individuals should really follow the drug test guidelines to ensure that he or she stays healthy well into the future.