Answer: Controlled substances are arranged by schedule as a result of The Controlled Substances Act of 1970. These schedules range from those substances that have no established medical use and have a great potential for abuse (e.g., heroin, LSD, and marijuana) to those which are prescription drugs with a low potential for abuse, and a limited possibility of psychological or physical dependence (e.g., cough medicines). Some of these may also be purchased over the counter with minimal control or restrictions. Generally, the lower the scheduled substance, the more serious the offense. Next, the actus reus often determines the degree of the offense, such as possession being the least serious, then possession with intent to distribute, and then the sale, delivery, and manufacture of a controlled substance being classified as more serious offenses. Also, the amount of the substance involved, the number of doses, previous drug offenses, and the proximity of the criminal act to a minor, school, or day care facility, all may be elements of an offense or act as an enhancement.
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