Unlawful Possession of Controlled Substance requires possession of a controlled substance enumerated in which Schedules?

• A. Schedules 1 thru 5
• B. Schedule 6
• C. Schedules 3 thru 7
• D. All schedules including 0

Answer: (A)

The key idea is that “controlled substances” are those specifically listed in the schedules the statute uses. Unlawful possession targets substances enumerated in the schedules that define what counts as a controlled substance. In most systems, those are the five schedules, so possession of any substance listed in Schedule I through Schedule V is illegal under the offense. Schedule VI (or other non-I–V listings) is not part of that offense, so possession of a substance only in Schedule VI wouldn’t by itself meet the element of unlawful possession under this provision. This is why the correct idea is that the prohibited set includes Schedules I through V—the substances deemed controlled for criminal penalties. Some other schedules, if any, are not included in this particular offense, though they might be regulated by different rules.