2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 1 - General Provisions › 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.