How the DEA Classifies Ketamine
The classification of ketamine as a controlled substance is not a matter of debate. However, the U.S. Drug Enforcement Administration’s (DEA) classification of ketamine has raised some questions—particularly in light of the DEA’s announcement that it will reconsider how it classifies cannabis under the Controlled Substances Act (CSA).
So, how does the DEA currently classify ketamine?
Schedule III Controlled Substance
Currently, the DEA classifies ketamine as a Schedule III controlled substance. While this reflects a less-stringent classification than Schedule I or Schedule II, it still means that the DEA has determined that ketamine has a moderate to low potential for physical or psychological dependence. For reference, other Schedule III controlled substances include testosterone, Tylenol with codeine, and anabolic steroids.
At the same time, Schedule III controlled substances still have an accepted medical use. In other words, the DEA has determined that the risks associated with Schedule III controlled substances are outweighed by the benefits of their use.
The DEA has also determined that when providers use other treatments—such as those for depression, anxiety, and other mental health conditions—ketamine “could provide more benefits than risks.”
Ketamine-Related Enforcement Priorities
Despite classifying ketamine as a Schedule III controlled substance, the DEA still prioritizes enforcement efforts focused on the medication. This is due in part to the fact that ketamine has been linked to a number of high-profile deaths in recent years.
The DEA notes that, “The original use of ketamine is as an anesthetic in medical procedures for humans and animals. It is referred to as a ‘dissociative anesthetic’ because it makes patients feel detached from their pain and environment.”
At the same time, the DEA notes that, “Ketamine is also abused as a ‘club drug’ or ‘date rape’ drug and has become popular among teens and young adults at dance clubs and raves.”
Federal Penalties for Schedule III Controlled Substance Offenses
For offenses involving the unlawful distribution or diversion of ketamine, the potential penalties can include:
- Up to 10 years of federal imprisonment and a $500,000 fine for individuals
- Up to 20 years of federal imprisonment and a $2,500,000 fine for business organizations
- Enhanced penalties for offenses involving personal injury or death
Contact Spodek Law Group
Contact our legal team at Spodek Law Group for a confidential consultation regarding ketamine compliance or enforcement matters. Call us today at 908-643-7005.
Written By
Todd Spodek
Todd Spodek is the Managing Partner of Spodek Law Group P.C. He is a second-generation trial attorney who has been recognized as one of the Top 100 Trial Lawyers in the country. He has represented clients in some of the highest-profile federal criminal cases in the Eastern District of Pennsylvania and beyond.
