Midazolam (Versed®) Legal Status

Dr. Sheridan Walter
Dr. Jennie Stanford
Written by Dr. Sheridan Walter on 30 May 2025
Medically reviewed by Dr. Jennie Stanford on 30 May 2025

Midazolam (sold under the brand name Versed®) is a fast-acting benzodiazepine approved for various medical uses in the United States. It is classified as a controlled substance in the U.S. due to its potential for misuse and dependence. Access to midazolam must be obtained by prescription under federal law.

Key takeaways:
  • Midazolam is classified as a Schedule IV controlled substance approved for a range of medical uses, and it is a tightly regulated substance under U.S. law.
  • Midazolam can only be obtained with a valid prescription. It cannot be legally purchased over the counter.
  • Obtaining benzodiazepines without a prescription violates federal law and carries significant health risks. Illicit benzodiazepines may contain unknown doses or harmful adulterants, raising the risk of overdose.
a photo of a syringe filled with Midazolam (Versed®) and a gavel

Midazolam schedule substance status

Under the U.S Controlled Substances Act (CSA), midazolam is a Schedule IV substance. Schedule IV drugs have accepted medical uses but still pose a risk of abuse and dependence, albeit less than some other controlled substances. Therefore, Versed® can be prescribed under certain regulations, unlike Schedule I substances (like heroin), which are prohibited entirely.

Common Schedule IV drugs include other benzodiazepines, like alprazolam (Xanax) and diazepam (Valium), plus tramadol (Ultram), which is an opioid medicine used for the short-term relief of moderate to severe pain.

Who can prescribe midazolam?

Midazolam can only be prescribed or administered by qualified healthcare professionals who hold a federal DEA registration for prescribing controlled substances. This includes licensed physicians, nurse practitioners, physician assistants, and (in some cases) dentists, for situations when procedural sedation is clinically indicated. However, the prescribing regulations for nurse practitioners and physician assistants vary by state law.

In practice, Versed® is most commonly ordered by anesthesiologists or emergency medicine physicians to sedate patients before surgery, during procedures, or in intensive care settings. Like all benzodiazepines, midazolam is legally available only by prescription under U.S. federal law.

In addition, prescribers must follow federal and state controlled substance prescribing regulations (like using official prescription forms or electronic prescribing), and they typically include their DEA registration number on the prescription.

Is it available over the counter?

Midazolam is not available over the counter, as it cannot be purchased without a prescription from a licensed healthcare provider. The DEA’s guidance is clear: Benzodiazepines are only legally available through a prescription from a licensed healthcare practitioner. This means pharmacies will not and are not allowed to sell midazolam (or any benzodiazepine) without a signed prescription from a medical professional.

The risks of illegal benzodiazepines

Getting benzodiazepines (like midazolam) without a prescription, whether through doctor shopping or buying pills on the street, is illegal and dangerous. Under U.S. law (21 U.S.C. § 843(a)(3)), obtaining controlled substances through deception can lead to fines or imprisonment.

Distributing or possessing benzodiazepines with the intent to distribute them is a separate federal crime under 21 U.S.C. § 841(a)(1), carrying more severe penalties, including felony charges and longer prison terms.  

Illicit benzodiazepines often contain harmful adulterants, such as fentanyl, xylazine, or unregulated designer drugs, like flualprazolam. These dangerous combinations increase the risk of overdose, respiratory depression, or death.

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Resources:

  1. Drug Enforcement Administration. (2020). Benzodiazepines [Fact sheet]. U.S. Department of Justice, DEA. Retrieved April 28, 2025 from
  2. Drug Enforcement Administration. (2023). Controlled substances schedules. U.S. Department of Justice. Retrieved May 7, 2025 from
  3. United States Code. (2023). Controlled Substances Act, 21 U.S.C. § 843(a)(3). Retrieved May 7, 2025 from
  4. United States Code. (2023). Controlled Substances Act, 21 U.S.C. § 841(a)(1). Retrieved May 7, 2025 from
  5. Drug Enforcement Administration. (2022). The growing threat of xylazine and its mixture with illicit drugs. U.S. Department of Justice. Retrieved May 7, 2025 from
  6. European Monitoring Centre for Drugs and Drug Addiction. (2022). EU drug markets: Benzodiazepines. Publications Office of the European Union.Retrieved May 7, 2025 from
  7. Brunetti, P., Giorgetti, R., Tagliabracci, A., Huestis, M. A., & Busardò, F. P. (2021). Designer Benzodiazepines: A Review of Toxicology and Public Health Risks. Pharmaceuticals (Basel, Switzerland), 14(6), 560.

Activity History - Last updated: 30 May 2025, Published date:


Reviewer

Dr. Jennie Stanford

MD, FAAFP, DipABOM

Jennie Stanford, MD, FAAFP, DipABOM is a dual board-certified physician in both family medicine and obesity medicine. She has a wide range of clinical experiences, ranging from years of traditional clinic practice to hospitalist care to performing peer quality review to ensure optimal patient care.

Activity History - Medically Reviewed on 29 May 2025 and last checked on 30 May 2025

Medically reviewed by
Dr. Jennie Stanford

Dr. Jennie Stanford

MD, FAAFP, DipABOM

Reviewer

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