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 Rhode Island 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 schedules I through V based on their potential for abuse, with Schedule I substances having the highest potential for abuse and no accepted medical use. In Rhode Island, the regulations regarding controlled substances are outlined in the Rhode Island General Laws, specifically under Title 21 - Food and Drugs. Penalties for possession vary depending on the schedule of the substance, the amount in possession, and other factors. Both state and federal laws apply, and individuals may be prosecuted under either or both sets of laws. It is important for individuals to understand that possession of controlled substances without proper authorization can lead to serious legal consequences, including fines and imprisonment.