Legal Question in Criminal Law in Pennsylvania

is alcohol part of the The Controlled Substances,Drugs, Device, and Cosmetic Act 64?

Asked on 12/06/13, 8:50 am

1 Answer from Attorneys

Debra Rainey The Law Office of Debra D. Rainey

No, alcohol is not a part of the Drug Act, in so far as how the Act defines those substances that qualify as controlled substances. The Controlled Substances Act classifies each substance into One of Five Schedules of Controlled Substances, which in turn is used by the Prosecuting Entity in your jurisdiction to determine how to charge and what sentences if any to seek. The "schedule" to which a particular controlled substance is assigned is based in part on the potential for abuse of a particular controlled substance, among other factors relied on. In addition, if you are asking whether alcohol is criminalized under the Controlled Substances Act it is not. You can find Driving Under the Influence of Alcohol or Drugs or a combination of the two under Pennsylvania Statute Title 75 section 3802, copy the link below into your browser.

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Answered on 12/06/13, 2:22 pm

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