The following classes of drugs and devices shall be controlled by Schedule VI:
1. Any compound, mixture, or preparation containing any stimulant or depressant drug exempted from Schedules III, IV or V and designated by the Board as subject to this section.
2. Every drug, not included in Schedules I, II, III, IV or V, or device, which because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts qualified by scientific training and experience to evaluate its safety and efficacy as safe for use except by or under the supervision of a practitioner licensed to prescribe or administer such drug or device.
3. Any drug, not included in Schedules I, II, III, IV or V, required by federal law to bear on its label prior to dispensing, at a minimum, the symbol "Rx only," or which bears the legend "Caution: Federal Law Prohibits Dispensing Without Prescription" or "Caution: Federal Law Restricts This Drug To Use By Or On The Order Of A Veterinarian" or any device which bears the legend "Caution: Federal Law Restricts This Device To Sales By Or On The Order Of A _______________." (The blank should be completed with the word "Physician," "Dentist," "Veterinarian," or with the professional designation of any other practitioner licensed to use or order such device.)
1972, c. 798, § 54-524.84:13; 1976, c. 614; 1977, c. 302; 1988, c. 765; 1999, c. 605.
Notes of Decisions
Sierra v. Commonwealth, 722 S.E.2d 656 (Va. Ct. App. 2012).
· cites it 2× “See Code § 54.1-3455 (setting forth the standards for classifying a drug as a Schedule VI controlled substance, the lowest level of controlled substance).”
Derrick Renard Powell v. Commonwealth of Virginia, 750 S.E.2d 229 (Va. Ct. App. 2013).
· cites it 2× “Every drug, not included in Schedules I, II, III, IV or V, or device which because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts qualified by…”
Powell v. Commonwealth, 766 S.E.2d 736 (Va. 2015).
· cites it 9× “See Code § 54.1-3455(1)-(3)(defining the covered classes of drugs or devices to be controlled by Schedule VI by reference to stimulant or depressant content, toxicity, safety, need for supervision by a licensed practitioner, and labeling requirements).”
Powell v. Commonwealth, 766 S.E.2d 736 (Va. 2015).
· cites it 9× “See Code § 54.1-3455(1)-(3)(defining the covered classes of drugs or devices to be controlled by Schedule VI by reference to stimulant or depressant content, toxicity, safety, need for supervision by a licensed practitioner, and labeling requirements).”
McDaniel v. St. Clair, 18 Va. Cir. 470 (Rockbridge Cir. Ct. 1990).
“By virtue of § 54.1-3455 of the Code of Virginia, Vitamin A dispensed in 50,000 unit lots is a Schedule VI controlled substance: "3.”
Va. Code Ann. § 54.1-3455(1): 2 cases
Powell v. Commonwealth, 766 S.E.2d 736 (Va. 2015).
“See Code § 54.1-3455(1)-(3)(defining the covered classes of drugs or devices to be controlled by Schedule VI by reference to stimulant or depressant content, toxicity, safety, need for supervision by a licensed practitioner, and labeling requirements).”
Powell v. Commonwealth, 766 S.E.2d 736 (Va. 2015).
“See Code § 54.1-3455(1)-(3)(defining the covered classes of drugs or devices to be controlled by Schedule VI by reference to stimulant or depressant content, toxicity, safety, need for supervision by a licensed practitioner, and labeling requirements).”
Va. Code Ann. § 54.1-3455(2): 2 cases
Powell v. Commonwealth, 766 S.E.2d 736 (Va. 2015).
“See Code § 54.1-3455(1)-(3)(defining the covered classes of drugs or devices to be controlled by Schedule VI by reference to stimulant or depressant content, toxicity, safety, need for supervision by a licensed practitioner, and labeling requirements).”
Powell v. Commonwealth, 766 S.E.2d 736 (Va. 2015).
“See Code § 54.1-3455(1)-(3)(defining the covered classes of drugs or devices to be controlled by Schedule VI by reference to stimulant or depressant content, toxicity, safety, need for supervision by a licensed practitioner, and labeling requirements).”
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