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I reviewed the charge for the fraud . From what I can understand is that its based on the D . E . A . schedule of the substance . The following is a excerpt from the CSA 481 . 129 . ( d ) An offense under Subsection ( a ) is : ( 1 ) a felony of the second degree if the controlled substance that is the subject of the offense is listed in Schedule I or II ; ( 2 ) a felony of the third degree if the controlled substance that is the subject of the offense is listed in Schedule III or IV I did some more checking hydrocodone alone is a schedule 2 drug when alone but it was lortab which is a schedule 3 because of the addition of Tylenol . The CSA 401 . 104 section 4 list hydrocodone less than 15mg per dosage unit when mixed with a nonnarcotic medication in therapeutic levels as a schedule 3 .