N.Y. Public Health Law § 3307: Exception from schedules

§ 3307. Exception from schedules. 1. The commissioner may, by

regulation, except any compound, mixture, or preparation containing any

depressant substance in paragraph (a) of schedule III or in schedule IV

from the application of all or any part of this article if (1) the

compound, mixture, or preparation contains one or more active medicinal

ingredients not having a depressant effect on the central nervous

system, and (2) such ingredients are included therein in such

combinations, quantity, proportion, or concentration as to vitiate the

potential for abuse of the substances which do have a depressant effect

on the central nervous system.

2. The commissioner may, by regulation, reclassify as a schedule III

substance, any compound, mixture or preparation containing any stimulant

substance listed in paragraph (c) of schedule II, if

(a) the compound, mixture or preparation contains one or more active

medicinal ingredients not having a stimulant effect on the central

nervous system; and

(b) such ingredients are included therein in such combinations,

quantity, proportion or concentration as to vitiate the potential for

abuse of the substances which do have a stimulant effect on the central

nervous system.

3. The commissioner may, by regulation, except any compound, mixture

or preparation containing a narcotic antagonist substance from the

application of all or any part of this article if (1) such compound,

mixture or preparation has no potential for abuse, and (2) such

compound, mixture or preparation has been excepted or exempted from

control under the Federal Controlled Substances Act.

4. The commissioner may by regulation exempt or reclassify any

compound, mixture or preparation containing any substance listed in

subdivision (h) or (j) of Schedule II of section three thousand three

hundred six of this article as a Schedule III, IV or V substance if (a)

the compound, mixture or preparation contains one or more active

medicinal ingredients not found in subdivision (h) or (j) of Schedule II

of section three thousand three hundred six of this article; and (b)

such ingredients are included therein in such combinations, quantity,

proportion or concentration as to substantially reduce the potential for

abuse.

5. The commissioner shall by regulation or emergency regulation,

reclassify any compound, mixture or preparation containing any substance

listed in Schedule I of section three thousand three hundred six of this

title as a Schedule II, III, IV or V substance, or exempt it from this

article, if that same compound, mixture or preparation is redesignated

or rescheduled other than under Schedule I under the federal Controlled

Substances Act, or deleted as a controlled substance under the federal

Controlled Substances Act. If the commissioner acts under this

subdivision and does not exempt the compound, mixture or preparation

from this article, he or she may only reclassify it to a newly created

subdivision in the same numbered schedule or a higher numbered schedule

than to which it is redesignated or rescheduled under the federal act.

6. The commissioner shall establish minimum standards for the storage,

reporting, ordering and record keeping of controlled substances

specified in subdivision (b-1) of schedule II of section thirty-three

hundred six of this article by manufacturers and distributors as if such

substances were set forth in schedule III of section thirty-three

hundred six of this article.