Why are some drugs legal and illegal?

Answer 1

This primarily has to do with the (sometimes rather arbitrary) decision of whether the drug has valid medical uses and/or whether the drug effects are deleterious to the proper functioning of society.

• drugs with valid medical medical uses are legal (e.g. aspirin, morphine, depakote, antidepressants, warfarin)
• drugs with no valid medical uses and/or drugs whose effects are deleterious to the proper functioning of society are illegal (e.g. heroin, LSD, methamphetamine, "date rape drugs")

However many drugs can be in a "grey area", where for a variety of reasons there is debate about their status. Some of these are currently illegal for the reasons above, but some people believe they may have valid medical uses and should be legalized for those uses (e.g. marijuana). Others are legal because the "law" lacks a definition for them under which to make them illegal, but they lack known valid medical uses and are often used in a manner deleterious to the proper functioning of society (e.g. "designer drugs").

Answer 2

This is a complicated question. There are many different reasons as to why a drug could be considered illegal vs. legal. The easiest answer is that some drugs, like heroin and meth are too dangerous to be used at all, and are usually produced using dangerous and illegal means.

That is why, in the United States, there is a controlled substance rating system, where medications that are deemed to be addictive or have the potential to be abused are given a rating on the C-I - C-V scale.

• C-I drugs are drugs that are illegal, like heroin.
• C-II drugs are drugs that are obtainable via a prescription, but require heavy regulation. These drugs typically require a paper prescription, though some states now allow E-Rx for these medications with heavy protocols on the doctor. These drugs also have extreme potential for abuse and addiction. Some examples are Percocet, Norco, and Oxycontin.
• C-III drugs still have the potential for addiction and abuse, but not as heavy as C-II drugs. These include Tylenol #3 w/codeine and Suboxone.
• C-IV drugs : Some examples include : Ativan, Xanax, and Valium.
• C-V drugs : These are usually the lowest level for potential addictive prescriptions. These are usually seen with liquid drugs that may include a narcotic, including Phenergan w/codeine and Robitussin AC.

If a drug is not deemed to have potential for addiction, it is not included on control schedule. That's why drugs like aspirin and acetaminophen are not controls.