In this paper I will go over a detailed classification of narcotic drugs in criminal law, focusing on the differences of each. I will also go over the detail required forensic evidence needed to obtain a conviction in a drug case. Then I will go over the necessity of analysis of drugs in a criminal case, the chain of custody, and the preservation of evidence which seeks to not only prove the alleged crimes but also provides the defendant the opportunity to cross examine or challenge the evidence presented in court.
A narcotic is an analgesic or pain killing substance that depresses vital body functions such as blood pressure, pulse rate and breathing rate; regular administration of narcotics produces physical dependence. There are many types of narcotics that law enforcement seizes, and they come in different forms. There are pills, powders, and drugs that are heated so they may be injected using a needle. Narcotics can be useful when they are prescribed by a doctor for a pain and sever anxiety as long as they are used as prescribed. However, when abused manufactured, or sold for profit, the narcotics then become a problem for law enforcement.
Law enforcement classifies narcotics by schedules. Schedule I drugs include those that are likely to cause addiction and abuse and are not used in field of medicine. These are the types of drugs are not prescribed by a physician (U.S Department of Justice, 2012). Schedule 1 narcotics include heroin, GHB, and other opiates, ecstasy, mushrooms, LSD, Peyote, and many more. These are considered the most addictive and dangerous drugs.
Schedule II narcotics are those that are also highly addictive and those that are likely to be abused. Schedule II narcotics may be prescribed by physician, but are prescribed carefully and patients are usually heavily supervised (U.S. Department of Justice, 2012). Schedule II narcotics include cocaine due to the fact it is used as an anesthetic in medical settings, Ritalin, Adderall, Oxycodone, and amphetamines are just a few examples. These are drugs that are typically prescribed and have medical uses when used properly under supervision (U.S. Department of Justice, 2012).
Schedule III narcotics are considered less addictive than Schedule I and II drugs although they do have addictive properties. These drugs are accepted for medical use (U.S. Department of Justice, 2012). These include steroids, Ketamine, and some barbiturates, hydrocodone and Tylenol 3.
Schedule IV narcotics are used medically and can also be abused although they are considered less addictive. These drugs include benzodiazapines. Schedule V narcotics are those which are also used for medical purpose and are less likely to result in abuse or addictions. These drugs include cough medicines that contain codeine (U.S. Department of Justice, 2012).
There is not a lot of forensic evidence requited for convictions in drug cases. If the arrest is for manufacturing, forensics may be brought into the lab to obtain evidence. Any narcotic can be tested and weighed. If police officers arrest someone for a powdered substance, officers are actually able to test the substance at the time of arrest to determine what it is. After that it is sent to a forensic lab where it will be evaluated to determine what it is and how much of it there is. There may also be times when blood test or hair samples are taken from the suspect under arrest to determine what drugs are present in the person’s system. In addition to paraphernalia may be seized and tested for fingerprints or DNA in order to establish ownership or identify person or persons who may have been using it. Once an officer seizes paraphernalia they have to make sure they follow the chain of custody and proper handling in order to obtain a conviction, as discussed below.
When police seize narcotic of suspicious plants, they are taken to the forensic lab. A strict chain of evidence must be maintained. The officer seals the seized material and initials tap on the container so that it will be evident if someone else opens the package. Then it is taken directly to the forensics lab where, they must also maintain a strict chain of custody. In the lab, the examiner typically begins testing with a color test similar to what the police use on the street (Vermont Forensics Laboratory, 2012). This involves dropping a chemical onto the substance that changes color depending on the type of substance that is being tested. This gives the examiner an idea of what type of drug is being tested. This however is not enough to obtain a conviction in most jurisdictions. The substance must be more intensely chemically tested in order to be admissible in court as evidence. After the chemist have identified the drug and quantity, the evidence is sealed and initialed and placed in storage lockers, where they are kept until trial. Once the evidence is no longer needed it is destroyed by police. It is very important that the narcotics are preserved until trail and that the chain of custody has been established and can be proven. Examiners and police officers will be called to testify and verify their initials on the evidence packages and also produces specifics about the chain of custody.
In terms of defense, the defense attorney will often attempt to question the chain of custody and prove that custody was broken, therefore leading the evidence to be non admissible in court, as it could have been tampered with the laboratory procedures and testing. The defense will also try to argue whether the drugs were in the defendant’s possession as well as whether there was a legal search or warrant to search. Forensic evidence that proves what a specific drug is hard to challenge. Therefore the defense attorney will focus on trying to discredit the search itself, officer, laboratory doing the testing, or the forensic examiner.
In conclusion I found that there are always new illegal drugs people are trying one example in the news recently is bath salts. I believe it is very difficult for law enforcement to keep up with all the new drugs and plans for catching the abusers, sellers, and manufacturers of these drugs. In order to obtain convictions, the labs and police must be extremely careful and make sure they follow proper procedures in maintaining chain of custody.

References:
Saferstein, R. (2011). Criminalistics: An introduction to forensic science (10th Ed.). Upper Saddle River, NJ: Pearson Education, Inc.
U.S. Department of Justice. (2012). Definition of Controlled Substance Schedules. Retrieved from DEA Diversion: http://www.deadiversion.usdoj.gov/schedules/
Vermont Forensics Laboratory. (2012). Drug Analysis. Retrieved from Vermont Forensics Laboratory: http://vfl.vermont.gov/programs/drugs