June 3, 2024

Are There Fines For Non-Compliance with a DEA Cage?

There aren’t direct fines tied to not having a DEA cage itself. However, not complying with DEA regulations for controlled substances can lead to fines.

DEA cages are a way to meet those security requirements. So, if you don’t use a DEA cage and are found to be storing controlled substances in an unsafe manner, you could be fined by the DEA.

The amount of the fine depends on the severity of the violation and your history of compliance. In some cases, fines can reach hundreds of thousands of dollars.

If I store a controlled substance, but don’t have a DEA cage, will I get in trouble?

It depends. Not having a DEA cage itself isn’t the sole factor for trouble with the DEA regarding controlled substance storage. Here’s what matters:

Schedule of the substance: The DEA classifies controlled substances into Schedules (I-V) based on potential for abuse. Schedule I and II have the strictest requirements, while Schedule V has the least.
Quantity of the substance: DEA has specific quantity thresholds for each schedule that determine the required storage method.

What is a general breakdown of DEA controlled substances?

Schedule I and II: These require the most secure storage, typically a DEA-approved cage.
Schedule III-V (smaller amounts): For smaller quantities (exact thresholds vary by substance), secure cabinets with controlled access may suffice.

Even if you have a lower schedule substance and a small amount, safe storage is crucial.

How can I determine if I need a DEA cage?

Check the DEA website: They have resources and guidance on controlled substance storage requirements https://www.dea.gov/.
Consult a professional: If you’re unsure about the regulations or have any doubts, talk to a lawyer or healthcare professional familiar with DEA regulations.
Err on the side of caution: It’s always better to be safe than sorry. If unsure about requirements, opt for a more secure storage solution.

How can I ensure I’m following DEA regulations?

Focus on the schedule and quantity of the controlled substance, not whether you have a DEA cage.
DEA cages are for the most secure storage needs (Schedules I & II).
Secure storage (cabinets, vaults) is required for specific quantities of Schedule III-V substances as well.

What is considered a DEA violation in terms of storing controlled substances?

Storing Schedule I & II substances improperly: These are the most addictive and dangerous controlled substances and require the highest level of security. They must be stored in a DEA-registered cage or an equivalent secure container that meets specific DEA standards. Not doing so will likely result in fines and potentially criminal charges.
Storing any controlled substance (Schedules I-V) in an insecure manner: Even for lower-schedule substances (III-V), there are still storage requirements. These typically involve secure cabinets with controlled access, depending on the specific schedule and quantity involved. Failing to meet these requirements could lead to fines or other penalties.
Storing a controlled substance without a valid prescription (for Schedule II-V): For most Schedule II-V substances, you need a valid prescription from a licensed healthcare professional to possess them legally. Storing them without a prescription is illegal and could result in fines and potential criminal charges.
Improper record-keeping: The DEA requires meticulous record-keeping for all controlled substances, especially Schedules I & II. This includes documenting the receipt, dispensing, and destruction of the substances. Failing to maintain proper records could lead to fines or license suspension.
Diverting controlled substances: This refers to illegally providing controlled substances to someone who doesn’t have a valid prescription. This is a serious offense with significant penalties, including jail time.

Here are some additional things to consider about storing controlled substances:

Quantity: The amount of a controlled substance you possess can also impact how you need to store it. Larger quantities typically require more secure storage solutions.
Intent: The DEA may consider your intent when evaluating a storage violation. If you have a legitimate reason for possessing the substance and are making a good faith effort to store it securely, you may be less likely to face serious consequences.

Which of these DEA violations could lead to fines?

In most cases, getting in trouble with the DEA over storing controlled substances will lead to fines. Fines are the most common penalty for violations that aren’t considered criminal offenses. Here’s a breakdown of how it might go:

Severity of the violation: The severity of the fine depends on how serious the DEA considers the violation. Factors like the schedule of the substance, the quantity involved, and any prior violations will influence the fine amount.
Intentionality: The DEA may consider whether the violation was intentional or not. If you can show you were making a good faith effort to comply with regulations, the fine may be less severe.

Here are some scenarios where fines are likely:

Storing Schedule I & II substances improperly: This is a serious violation and will likely result in a significant fine.
Storing Schedule III-V substances in an insecure manner (especially larger quantities): Failing to meet the secure storage requirements for Schedule III-V substances can also lead to fines.
Improper record-keeping: Not maintaining proper records for controlled substances is a violation that typically results in fines.

However, there can be situations where fines progress to criminal charges:

Diverting controlled substances: Supplying controlled substances to someone without a prescription is a serious crime and can lead to jail time and significant fines.
Repeated violations: If you have a history of violating DEA storage regulations, you’re more likely to face criminal charges instead of just fines for future violations.

It’s important to keep in mind: This is just general information. The specific consequences for DEA violations depend on the individual circumstances. If you have any concerns about storing controlled substances, consult with a lawyer or healthcare professional familiar with DEA regulations. They can give you specific advice based on your situation.

All DEA cages on WirePartitions.com are made from steel and have tamper-resistant self-locking doors, which provide the greatest level of physical security. Take a look at our DEA cages here: DEA Cages

If you have any additional questions about DEA cages or need help building one for your specific space, give us a call at 980-443-2553, email us at [email protected] or live chat with us at WirePartitions.com and we’ll be happy to assist you!