Schedule III, IV, and V Drugs Lawyer in Chicago
Charges involving prescription medications and lower schedule controlled substances still carry serious felony consequences in Illinois. Early legal representation can make all the difference.


If you have been arrested for a drug offense involving a Schedule III, Schedule IV, or Schedule V substance in the Chicagoland area or DuPage County, you need a criminal defense lawyer immediately. Even though these drugs are considered less dangerous than Schedule I or II substances, unlawful possession, distribution, or trafficking can still result in felony charges, high fines, and long term consequences.
At Kovacevic Law, we help clients navigate complex drug cases involving prescription medications, controlled substances with medical uses, and any lower schedule drugs regulated under the Illinois Controlled Substances Act. We fight to protect your record, your rights, and your future.
Understanding Schedule III, IV, and V Drug Classifications
Illinois categorizes drugs by schedule based on medical use, potential for abuse, and risk of dependence. Schedule III, Schedule IV, and Schedule V substances are distinct because they have accepted medical purposes. Many can be legally obtained with a valid prescription, but possession without authorization is still a criminal offense.
Key points:
- These schedules cover many common prescription medications
- Illegal possession can lead to felony charges
- The degree of punishment depends on drug schedule, amount, and other aggravating factors
Schedule III Controlled Substances
Schedule III substances have accepted medical uses but pose a risk of psychological or physical dependence. Their abuse potential is lower than Schedule I or II drugs but still significant.
Some common Schedule III substances include:
- Codeine
- Suboxone (buprenorphine)
- Didrex (benzphetamine)
- Phendimetrazine
- Ketamine
- Depo Testosterone and other anabolic steroids
Possession of Schedule III drugs without a valid prescription can result in criminal charges and long term consequences.
Schedule IV Controlled Substances
Schedule IV drugs have a lower potential for abuse compared to Schedule III. Many are widely prescribed medications, but unauthorized possession or distribution remains illegal.
Examples of Schedule IV drugs include:
- Xanax
- Klonopin
- Valium
- Ativan
- Restoril
- Soma
- Versed
- Halcion
These medications are legal only when obtained through a lawful prescription. Any other possession is a criminal offense.
Schedule V Controlled Substances
Schedule V drugs have the lowest abuse potential and are often mixtures that contain limited amounts of narcotics. These substances still require authorization and are regulated under Illinois law.
Examples include:
- Preparations containing up to 200 milligrams of codeine per 100 milliliters
- Preparations containing up to 200 milligrams of opium per 100 grams
- Ezogabine
Although these substances are less restricted than higher schedules, unlawful possession can still result in felony charges.
Penalties for Schedule III, IV, and V Drug Crimes
Possession, distribution, or trafficking of Schedule III, IV, or V controlled substances without authorization typically results in Class 4 felony charges, carrying:
- One to three years in prison
- Significant fines
- Possible mandatory probation conditions
Aggravating factors can increase penalties, including:
- Possession within 1,000 feet of a school or protected zone
- Possession while unlawfully carrying a firearm
- Large quantities suggesting intent to deliver
If you are found with more drugs than what is considered personal use, prosecutors may pursue possession with intent to deliver, which can range from a Class 3 felony to a Class X felony depending on the drug and amount.
A conviction can also include:
- Fines up to $100,000
- Probation or supervised release
- Community service
- Mandatory drug treatment
- Boot camp programs in some cases
These consequences impact housing, employment, licensing, immigration status, and your criminal record.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Learn more about drug charges involving lower schedule substances in Illinois.
Can I be arrested even though the drug has medical use?
Yes, you must have a valid prescription or lawful authorization. Without it, possession is illegal.
What if I had pills belonging to a family member?
Unless the prescription is in your name, you can still face criminal charges. This is a common issue, and defenses may be available.
Can Schedule III, IV, or V charges be reduced or dismissed?
Yes, issues with the search, proof of possession, medical records, or lack of intent frequently lead to reductions or dismissals.
What is the difference between possession and intent to deliver?
Possession means having the drug for personal use. Intent to deliver means prosecutors believe you planned to distribute it, often based on quantity, packaging, or other items found.
Are Schedule III, IV, and V drug charges always felonies?
Most cases are charged as Class 4 felonies. The charges may be elevated if aggravating factors are present or if prosecutors believe you intended to distribute the drugs.