§ 3307 — Exception from schedules

§ 3307. Exception from schedules. 1. The commissioner may, by\nregulation, except any compound, mixture, or preparation containing any\ndepressant substance in paragraph (a) of schedule III or in schedule IV\nfrom the application of all or any part of this article if (1) the\ncompound, mixture, or preparation contains one or more active medicinal\ningredients not having a depressant effect on the central nervous\nsystem, and (2) such ingredients are included therein in such\ncombinations, quantity, proportion, or concentration as to vitiate the\npotential for abuse of the substances which do have a depressant effect\non the central nervous system.\n 2. The commissioner may, by regulation, reclassify as a schedule III\nsubstance, any compound, mixture or preparation containing any stimulant\nsubstance listed in paragraph (c) of schedule II, if\n (a) the compound, mixture or preparation contains one or more active\nmedicinal ingredients not having a stimulant effect on the central\nnervous system; and\n (b) such ingredients are included therein in such combinations,\nquantity, proportion or concentration as to vitiate the potential for\nabuse of the substances which do have a stimulant effect on the central\nnervous system.\n 3. The commissioner may, by regulation, except any compound, mixture\nor preparation containing a narcotic antagonist substance from the\napplication of all or any part of this article if (1) such compound,\nmixture or preparation has no potential for abuse, and (2) such\ncompound, mixture or preparation has been excepted or exempted from\ncontrol under the Federal Controlled Substances Act.\n 4. The commissioner may by regulation exempt or reclassify any\ncompound, mixture or preparation containing any substance listed in\nsubdivision (h) or (j) of Schedule II of section three thousand three\nhundred six of this article as a Schedule III, IV or V substance if (a)\nthe compound, mixture or preparation contains one or more active\nmedicinal ingredients not found in subdivision (h) or (j) of Schedule II\nof section three thousand three hundred six of this article; and (b)\nsuch ingredients are included therein in such combinations, quantity,\nproportion or concentration as to substantially reduce the potential for\nabuse.\n 5. The commissioner shall by regulation or emergency regulation,\nreclassify any compound, mixture or preparation containing any substance\nlisted in Schedule I of section three thousand three hundred six of this\ntitle as a Schedule II, III, IV or V substance, or exempt it from this\narticle, if that same compound, mixture or preparation is redesignated\nor rescheduled other than under Schedule I under the federal Controlled\nSubstances Act, or deleted as a controlled substance under the federal\nControlled Substances Act. If the commissioner acts under this\nsubdivision and does not exempt the compound, mixture or preparation\nfrom this article, he or she may only reclassify it to a newly created\nsubdivision in the same numbered schedule or a higher numbered schedule\nthan to which it is redesignated or rescheduled under the federal act.\n 6. The commissioner shall establish minimum standards for the storage,\nreporting, ordering and record keeping of controlled substances\nspecified in subdivision (b-1) of schedule II of section thirty-three\nhundred six of this article by manufacturers and distributors as if such\nsubstances were set forth in schedule III of section thirty-three\nhundred six of this article.\n