Schedule VI drugs do not exist under federal law. The U.S. Controlled Substances Act establishes exactly five schedules (I through V), and there is no federal sixth category. However, a handful of states, most notably North Carolina and Virginia, have created their own Schedule VI classifications within state law. These two states use the term in very different ways, which is a common source of confusion.
Why There Is No Federal Schedule VI
The federal Controlled Substances Act, passed in 1970, organizes every regulated drug into one of five schedules based on three factors: whether the substance has an accepted medical use, its potential for abuse, and how likely it is to cause physical or psychological dependence. Schedule I contains drugs considered to have the highest abuse potential and no accepted medical use (like heroin), while Schedule V covers drugs with the lowest abuse potential among controlled substances, such as certain cough preparations containing small amounts of codeine.
The DEA updates these five schedules periodically, but no sixth schedule has ever been added at the federal level. When you encounter a reference to “Schedule VI,” it always refers to a state-level classification.
Schedule VI in North Carolina: Marijuana
North Carolina created its own Schedule VI to house a very specific category of substances. Under North Carolina General Statute 90-94, Schedule VI includes:
- Marijuana
- THC (tetrahydrocannabinols), with an exception for products containing no more than 0.3% delta-9 THC by dry weight, which are classified as legal hemp
By placing marijuana in its own schedule rather than lumping it with Schedule I substances (as federal law does), North Carolina gave itself the flexibility to set separate penalties for marijuana offenses. This distinction matters in practice. Possessing a small amount of marijuana carries different consequences than possessing a Schedule II substance like cocaine.
As of early 2026, North Carolina has not moved marijuana out of Schedule VI or legalized recreational cannabis. Hemp-derived products that stay below the 0.3% THC threshold remain legal under state law.
Schedule VI in Virginia: Prescription Drugs
Virginia uses Schedule VI for something entirely different. Under Virginia Code § 54.1-3455, Schedule VI is a catch-all category for prescription drugs and medical devices that don’t fit into Schedules I through V. This includes any drug that federal law requires to carry an “Rx only” label but that isn’t otherwise classified as a controlled substance.
In practical terms, this covers a huge range of everyday prescription medications: antibiotics, blood pressure drugs, cholesterol medications, antidepressants that aren’t scheduled federally, prescription-strength anti-inflammatories, and many others. It also includes medical devices that require a prescription. The common thread is that these substances need professional supervision to use safely but don’t carry the abuse potential associated with Schedules I through V.
Virginia’s Schedule VI essentially creates a legal framework for regulating the dispensing of prescription-only products that would otherwise fall into a gap between controlled substances and over-the-counter drugs.
Legal Penalties Vary by State
Because Schedule VI means different things in different states, the legal consequences for violations also differ significantly.
In North Carolina, selling a Schedule VI substance (marijuana) is a Class H felony. Possession penalties are generally lighter than for higher-schedule drugs, but trafficking large quantities still carries serious consequences. The state treats Schedule VI offenses as less severe than Schedule II through IV offenses, which is the whole reason marijuana was placed in its own category.
In Virginia, possessing a Schedule VI substance without a valid prescription is a Class 4 misdemeanor, the lowest-level misdemeanor in the state. This makes sense given that Virginia’s Schedule VI covers medications like antibiotics and blood pressure drugs rather than substances associated with recreational abuse. The penalty reflects the fact that having someone else’s prescription medication, while illegal, is treated very differently from possessing heroin or methamphetamine.
How Schedule VI Compares to Schedule V
At the federal level, Schedule V is the lowest tier and includes drugs with limited abuse potential, such as cough syrups with small amounts of codeine, Lyrica, and certain anti-diarrheal medications. These still carry some risk of dependence, which is why they remain on the federal controlled substances list at all.
State-level Schedule VI classifications sit below this threshold in terms of regulatory concern. In Virginia, Schedule VI drugs have essentially no recognized abuse potential and are regulated mainly to ensure they’re dispensed by a pharmacist with a valid prescription. In North Carolina, Schedule VI reflects a policy decision to treat marijuana as less dangerous than federally scheduled narcotics, stimulants, and depressants, while still keeping it regulated.
If you’re reading about Schedule VI in a legal document or news article, the most important thing to check is which state’s law is being referenced. The label is the same, but the substances and consequences are not.