New York City Criminal Defense
Ketamine Law

How Does the DEA Classify Ketamine?

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How Does the DEA Classify Ketamine?

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.

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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."

Federal Penalties for Schedule III Controlled Substance Offenses

For offenses involving the unlawful distribution or diversion of ketamine, the potential penalties can include:

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