New York Law
Public Health Law
Schedules of Controlled Substances
Article 33 - Public Health Law
TITLE 1 - ARTICLE 33 - S3302 - S3307
| Section |
Description |
| 3302 | Definitions of terms of general use in this article. |
| 3304 | Prohibited acts. |
| 3305 | Exemptions. |
| 3306 | Schedules of controlled substances. |
| 3307 | Exception from schedules. |
S 3302. Definitions of terms of general use in this article. Except
where different meanings are expressly specified in subsequent
provisions of this article, the following terms have the following
meanings:
1. "Addict" means a person who habitually uses a controlled substance
for a non-legitimate or unlawful use, and who by reason of such use is
dependent thereon.
2. "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject.
3. "Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser. No person may be
authorized to so act if under title VIII of the education law such
person would not be permitted to engage in such conduct. It does not
include a common or contract carrier, public warehouseman, or employee
of the carrier or warehouseman when acting in the usual and lawful
course of the carrier's or warehouseman's business.
4. "Concentrated Cannabis" means
(a) the separated resin, whether crude or purified, obtained from a
plant of the genus Cannabis; or
(b) a material, preparation, mixture, compound or other substance
which contains more than two and one-half percent by weight of delta-9
tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6)
monoterpene numbering system.
5. "Controlled substance" means a substance or substances listed in
section thirty-three hundred six of this chapter.
6. "Commissioner" means commissioner of health of the state of New
York.
7. "Deliver" or "delivery" means the actual, constructive or attempted
transfer from one person to another of a controlled substance, whether
or not there is an agency relationship.
8. "Department" means the department of health of the state of New
York.
9. "Dispense" means to deliver a controlled substance to an ultimate
user or research subject by lawful means, including by means of the
internet, and includes the packaging, labeling, or compounding necessary
to prepare the substance for such delivery.
10. "Distribute" means to deliver a controlled substance, including by
means of the internet, other than by administering or dispensing.
11. "Distributor" means a person who distributes a controlled
substance.
12. "Diversion" means manufacture, possession, delivery or use of a
controlled substance by a person or in a manner not specifically
authorized by law.
13. "Drug" means
(a) substances recognized as drugs in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
or official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; and
(c) substances (other than food) intended to affect the structure or a
function of the body of man or animal. It does not include devices or
their components, parts, or accessories.
14. "Federal agency" means the Drug Enforcement Administration, United
States Department of Justice, or its successor agency.
15. "Federal controlled substances act" means the Comprehensive Drug
Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act
or acts amendatory or supplemental thereto or regulations promulgated
thereunder.
16. "Federal registration number" means such number assigned by the
Federal agency to any person authorized to manufacture, distribute,
sell, dispense or administer controlled substances.
17. "Habitual user" means any person who is, or by reason of repeated
use of any controlled substance for non-legitimate or unlawful use is in
danger of becoming, dependent upon such substance.
18. "Institutional dispenser" means a hospital, veterinary hospital,
clinic, dispensary, maternity home, nursing home, mental hospital or
similar facility approved and certified by the department as authorized
to obtain controlled substances by distribution and to dispense and
administer such substances pursuant to the order of a practitioner.
19. "License" means a written authorization issued by the department
or the New York state department of education permitting persons to
engage in a specified activity with respect to controlled substances.
20. "Manufacture" means the production, preparation, propagation,
compounding, cultivation, conversion or processing of a controlled
substance, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation, compounding, packaging or labeling of a controlled
substance:
(a) by a practitioner as an incident to his administering or
dispensing of a controlled substance in the course of his professional
practice; or
(b) by a practitioner, or by his authorized agent under his
supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis and not for sale; or
(c) by a pharmacist as an incident to his dispensing of a controlled
substance in the course of his professional practice.
21. "Marihuana" means all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination.
22. "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(a) opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate;
(b) any salt, compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in subdivision (a), but not including the isoquinoline
alkaloids of opium;
(c) opium poppy and poppy straw.
23. "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It does not include, unless specifically designated as
controlled under section 3306 of this article, the dextrorotatory isomer
of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms.
24. "Opium poppy" means the plant of the species Papaver somniferum
L., except its seeds.
25. "Person" means individual, institution, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
26. "Pharmacist" means any person licensed by the state department of
education to practice pharmacy.
27. "Pharmacy" means any place registered as such by the New York
state board of pharmacy and registered with the Federal agency pursuant
to the federal controlled substances act.
28. "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
29. "Practitioner" means:
A physician, dentist, podiatrist, veterinarian, scientific
investigator, or other person licensed, or otherwise permitted to
dispense, administer or conduct research with respect to a controlled
substance in the course of a licensed professional practice or research
licensed pursuant to this article. Such person shall be deemed a
"practitioner" only as to such substances, or conduct relating to such
substances, as is permitted by his license, permit or otherwise
permitted by law.
30. "Prescribe" means a direction or authorization, by prescription,
permitting an ultimate user lawfully to obtain controlled substances
from any person authorized by law to dispense such substances.
31. "Prescription" shall mean an official New York state prescription,
an electronic prescription, an oral prescription, an out-of-state
prescription, or any one.
32. "Sell" means to sell, exchange, give or dispose of to another, or
offer or agree to do the same.
33. "Ultimate user" means a person who lawfully obtains and possesses
a controlled substance for his own use or the use by a member of his
household or for an animal owned by him or in his custody. It shall also
mean and include a person designated, by a practitioner on a
prescription, to obtain such substance on behalf of the patient for whom
such substance is intended.
34. "Internet" means collectively computer and telecommunications
facilities which comprise the worldwide network of networks that employ
a set of industry standards and protocols, or any predecessor or
successor protocol to such protocol, to exchange information of all
kinds. "Internet," as used in this article, also includes other
networks, whether private or public, used to transmit information by
electronic means.
35. "By means of the internet" means any sale, delivery, distribution,
or dispensing of a controlled substance that uses the internet, is
initiated by use of the internet or causes the internet to be used.
36. "Online dispenser" means a practitioner, pharmacy, or person in
the United States that sells, delivers or dispenses, or offers to sell,
deliver, or dispense, a controlled substance by means of the internet.
37. "Electronic prescription" means a prescription issued with an
electronic signature and transmitted by electronic means in accordance
with regulations of the commissioner and the commissioner of education
and consistent with federal requirements. A prescription generated on an
electronic system that is printed out or transmitted via facsimile is
not considered an electronic prescription and must be manually signed.
38. "Electronic" means of or relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities. "Electronic" shall not include facsimile.
39. "Electronic record" means a paperless record that is created,
generated, transmitted, communicated, received or stored by means of
electronic equipment and includes the preservation, retrieval, use and
disposition in accordance with regulations of the commissioner and the
commissioner of education and in compliance with federal law and
regulations.
40. "Electronic signature" means an electronic sound, symbol, or
process, attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the record,
in accordance with regulations of the commissioner and the commissioner
of education.
41. "Registry" or "prescription monitoring program registry" means the
prescription monitoring program registry established pursuant to section
thirty-three hundred forty-three-a of this article.
42. "Compounding" means the combining, admixing, mixing, diluting,
pooling, reconstituting, or otherwise altering of a drug or bulk drug
substance to create a drug with respect to an outsourcing facility under
section 503B of the federal Food, Drug and Cosmetic Act and further
defined in this section.
43. "Outsourcing facility" means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in
section sixty-eight hundred two of the education law;
(b) is currently registered as an outsourcing facility pursuant to
article one hundred thirty-seven of the education law; and
(c) complies with all applicable requirements of federal and state
law, including the Federal Food, Drug and Cosmetic Act.
Notwithstanding any other provision of law to the contrary, when an
outsourcing facility distributes or dispenses any drug to any person
pursuant to a prescription, such outsourcing facility shall be deemed to
be providing pharmacy services and shall be subject to all laws, rules
and regulations governing pharmacies and pharmacy services.
* S 3304. Prohibited acts. 1. It shall be unlawful for any person to
manufacture, sell, prescribe, distribute, dispense, administer, possess,
have under his control, abandon, or transport a controlled substance
except as expressly allowed by this article.
2. It shall be unlawful for any person to possess or have under his
control an official New York state prescription form except as expressly
allowed by this article.
* NB Separately amended -- cannot be put together
* S 3304. Prohibited acts. a. It shall be unlawful for any person to
manufacture, sell, prescribe, distribute, dispense, administer, possess,
have under his control, abandon, or transport a controlled substance
except as expressly allowed by this article.
b. It shall be unlawful for any physician practicing medicine as
defined in section sixty-five hundred twenty-one of the education law to
prescribe, dispense or administer any amphetamines or sympathomimetic
amine drug or compound thereof, designated as a schedule II controlled
substance pursuant to section thirty-three hundred six of this article
for the exclusive treatment of obesity, weight control or weight loss. A
violation of the provisions of this subdivision shall not be grounds for
prosecution under article two hundred twenty of the penal law.
* NB Separately amended -- cannot be put together
S 3305. Exemptions. 1. The provisions of this article restricting the
possession and control of controlled substances and official New York
state prescription forms shall not apply:
(a) to common carriers or to warehousemen, while engaged in lawfully
transporting or storing such substances, or to any employee of the same
acting within the scope of his employment; or
(b) to public officers or their employees in the lawful performance of
their official duties requiring possession or control of controlled
substances; or
(c) to temporary incidental possession by employees or agents of
persons lawfully entitled to possession, or by persons whose possession
is for the purpose of aiding public officers in performing their
official duties.
(d) to a duly authorized agent of an incorporated society for the
prevention of cruelty to animals or a municipal animal control facility
for the limited purpose of buying, possessing, and dispensing to
registered and certified personnel, ketamine hydrochloride to
anesthetize animals and/or sodium pentobarbital to euthanize animals,
including but not limited to dogs and cats. The department shall,
consistent with the public interest, register such duly authorized agent
and such agent shall file, on a quarterly basis, a report of purchase,
possession, and use of ketamine hydrochloride and/or sodium
pentobarbital, which report shall be certified by the society for the
prevention of cruelty to animals or municipal animal control facility as
to its accuracy and validity. This report shall be in addition to any
other record keeping and reporting requirements of state and federal law
and regulation. The department shall adopt rules and regulations
providing for the registration and certification of any individual who,
under the direction of the duly authorized and registered agent of an
incorporated society for the prevention of cruelty to animals, or
municipal animal control facility, uses ketamine hydrochloride to
anesthetize animals and/or sodium pentobarbital to euthanize animals,
including but not limited to dogs and cats. The department may also
adopt such other rules and regulations as shall provide for the safe and
efficient use of ketamine hydrochloride and/or sodium pentobarbital by
incorporated societies for the prevention of cruelty to animals and
animal control facilities. Nothing in this paragraph shall be deemed to
waive any other requirement imposed on incorporated societies for the
prevention of cruelty to animals and animal control facilities by state
and federal law and regulation.
2. The commissioner may, by regulation, provide for the exemption from
all or part of the requirements of this article the possession of
substances in schedule III or IV and use thereof as part of an
industrial process or manufacture of substances other than drugs. The
commissioner may impose such conditions upon the granting of such
exemption as may be necessary to protect against diversion or misuse of
the controlled substance.
3. The commissioner is hereby authorized and empowered to make any
rules, regulations and determinations permitting the following
categories of persons to obtain, dispense and administer controlled
substances under such conditions and in such manner as he shall
prescribe:
(a) a person in the employ of the United States government or of any
state, territory, district, county, municipal, or insular government,
obtaining, possessing, dispensing and administering controlled
substances by reason of his official duties;
(b) a master of a ship or a person in charge of any aircraft upon
which no physician is regularly employed, or to a physician or surgeon
duly licensed in any state, territory, or the District of Columbia to
practice his profession, or to a retired commissioned medical officer of
the United States army, navy, or public health service, employed upon
such ship or aircraft, for the actual medical needs of persons on board
such ship or aircraft when not in port.
(c) a person in a foreign country in compliance with the provisions of
this article.
4. The provisions of this article with respect to the payment of fees
and costs shall not apply to the state of New York or any political
subdivision thereof or any agency or instrumentality of either.
S 3306. Schedules of controlled substances. There are hereby
established five schedules of controlled substances, to be known as
schedules I, II, III, IV and V respectively. Such schedules shall
consist of the following substances by whatever name or chemical
designation known:
Schedule I. (a) Schedule I shall consist of the drugs and other
substances, by whatever official name, common or usual name, chemical
name, or brand name designated, listed in this section.
(b) Opiates. Unless specifically excepted or unless listed in another
schedule, any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, whenever the
existence of such isomers, esters, ethers and salts is possible within
the specific chemical designation (for purposes of 3-methylfentanyl
only, the term isomer includes the optical and geometric isomers):
(1) Acetyl-alpha-methylfentanyl (N-{1-(-methyl-2-phenethyl)
-4-piperidinyl} -N-phenylacetamide.
(2) Acetylmethadol.
(3) Allylprodine.
(4) Alphacetylmethadol (except levo- alphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadylacetate or LAAM).
(5) Alphameprodine.
(6) Alphamethadol.
(7) Alpha-methylfentanyl (N-{1-(alpha-methyl-beta-phenyl)
ethyl-4-piperidyl} propionanilide; 1-(1-methyl-2-phenylethyl)
-4-(N-propanilido) piperidine).
(8) Alpha-methylthiofentanyl (N-{1-methyl-2)2-thienyl)
ethyl-4-piperidinyl} -N-phenylpropanamide).
(9) Beta-hydroxyfentanyl
(N-{1-2 (2-hydroxy-2-phenethyl)- 4-piperidinyl} -N-phenylpropanamide).
(10) Beta-hydroxy-3-methylfentanyl (other name: N-{1-
(2-hydroxy-2-phenethyl) -3-methyl -4-piperidinyl} -N-phenylpropanamide.
(11) Benzethidine.
(12) Betacetylmethadol.
(13) Betameprodine.
(14) Betamethadol.
(15) Betaprodine.
(16) Clonitazene.
(17) Dextromoramide.
(18) Diampromide.
(19) Diethylthiambutene.
(20) Difenoxin.
(21) Dimenoxadol.
(22) Dimepheptanol.
(23) Dimethylthiambutene.
(24) Dioxaphetyl butyrate.
(25) Dipipanone.
(26) Ethylmethylthiambutene.
(27) Etonitazene.
(28) Etoxeridine.
(29) Furethidine.
(30) Hydroxypethidine.
(31) Ketobemidone.
(32) Levomoramide.
(33) Levophenacylmorphan.
(34) 3-Methylfentanyl (N-{3-methy1-1- (2- phenylethyl -4-piperidyl}
-N-phenylpropanamide).
(35) 3-Methylthiofentanyl (N-{3-methyl-1- (2-thienyl)ethyl
-4-piperidinyl} -N-phenylpropanamide).
(36) Morpheridine.
(37) MPPP (1-methyl -4-phenyl -4-propionoxypiperidine).
(38) Noracymethadol.
(39) Norlevorphanol.
(40) Normethadone.
(41) Norpipanone.
(42) Para-fluorofentanyl (N- (4-fluorophenyl) -N-{1- (2-phenethyl)
-4-piperidinyl} -propanamide.
(43) PEPAP (1- (-2-phenethyl) -4-phenyl -4-acetoxypiperidine.
(44) Phenadoxone.
(45) Phenampromide.
(46) Phenomorphan.
(47) Phenoperidine.
(48) Piritramide.
(49) Proheptazine.
(50) Properidine.
(51) Propiram.
(52) Racemoramide.
(53) Thiofentanyl (N-phenyl-N-{1- (2-thienyl) ethyl -4- piperidinyl}
-propanamide.
(54) Tilidine.
(55) Trimeperidine.
(c) Opium derivatives. Unless specifically excepted or unless listed
in another schedule, any of the following opium derivatives, its salts,
isomers, and salts of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Drotebanol.
(10) Etorphine (except hydrochloride salt).
(11) Heroin.
(12) Hydromorphinol.
(13) Methyldesorphine.
(14) Methyldihydromorphine.
(15) Morphine methylbromide.
(16) Morphine methylsulfonate.
(17) Morphine-N-oxide.
(18) Myrophine.
(19) Nicocodeine.
(20) Nicomorphine.
(21) Normorphine.
(22) Pholcodine.
(23) Thebacon.
(d) Hallucinogenic substances. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation, which contains any quantity of the following hallucinogenic
substances, or which contains any of its salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation (for
purposes of this paragraph only, the term "isomer" includes the optical,
position and geometric isomers):
(EXPLANATION--Within the following chemical designations, character
symbol substitutions were made from the original text: "@" = Greek
alpha, "&" = Greek beta, "'" = prime mark and "/\" = triangle.)
(1) 4-bromo-2, 5-dimethoxy-amphetamine Some trade or other names:
4-bromo-2, 5-dimethoxy-@-methylphenethylamine; 4-bromo-2, 5-DMA.
(2) 2, 5-dimethoxyamphetamine Some trade or other names:
2, 5-dimethoxy-@-methylphenethylamine; 2, 5-DMA.
(3) 4-methoxyamphetamine Some trade or other names:
4-methoxy-@-methylphenethylamine; paramethoxyamphetamine, PMA.
(4) 5-methoxy-3, 4-methylenedioxy - amphetamine.
(5) 4-methyl-2, 5-dimethoxy-amphetamine Some trade and other names:
4-methyl-2, 5-dimethoxy-@-methylphenethylamine; "DOM"; and "STP".
(6) 3, 4-methylenedioxy amphetamine.
(7) 3, 4, 5-trimethoxy amphetamine.
(8) Bufotenine Some trade and other names: 3-(&-dimethylaminoethyl)-5
hydroxindole; 3-(2-dimethylaminoethyl)- 5-indolol;
N, N-dimethylserotonin; -5-hydroxy-N, N-dimethyltryptamine; mappine.
(9) Diethyltryptamine Some trade and other names:
N, N-diethyltryptamine; DET.
(10) Dimethyltryptamine Some trade or other names: DMT.
(11) Ibogane Some trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10,
12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido {1',2':1,2} azepino
{5,4-b} indole: tabernanthe iboga.
(12) Lysergic acid diethylamide.
(13) Marihuana.
(14) Mescaline.
(15) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-
7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.
(16) Peyote. Meaning all parts of the plant presently classified
botanically as Lophophora williamsii Lemaire, whether growing or not,
the seeds thereof, any extract from any part of such plant, and every
compound, manufacture, salts, derivative, mixture, or preparation of
such plant, its seeds or extracts.
(17) N-ethyl-3-piperidyl benzilate.
(18) N-methyl-3-piperidyl benzilate.
(19) Psilocybin.
(20) Psilocyn.
(21) Tetrahydrocannabinols. Synthetic equivalents of the substances
contained in the plant, or in the resinous extractives of cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the following:
/\1 cis or trans tetrahydrocannabinol, and their optical isomers
/\6 cis or trans tetrahydrocannabinol, and their optical isomers
/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered).
(22) Ethylamine analog of phencyclidine. Some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
(23) Pyrrolidine analog of phencyclidine. Some trade or other names
1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
(24) Thiophene analog of phencyclidine. Some trade or other names:
1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of
phencyclidine, TPCP, TCP.
(25) 3,4-methylenedioxymethamphetamine (MDMA).
(26) 3,4-methylendioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,
MDE, MDEA.
(27) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and
N-hydroxy MDA.
(28) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other names:
TCPY.
(29) Alpha-ethyltryptamine. Some trade or other names: etryptamine;
Monase; Alpha-ethyl-1H-indole-3-ethanamine; 3- (2-aminobutyl) indole;
Alpha-ET or AET.
(30) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other names:
DOET.
(31) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB;
2C-B, Nexus.
(32) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
optical isomers, salts and salts of isomers.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) Phencyclidine.
(4) Gamma hydroxybutyric acid, and salt, hydroxybutyric compound,
derivative or preparation of gamma hydroxybutyric acid, including any
isomers, esters and ethers and salts of isomers, esters and ethers of
gamma hydroxybutyric acid, except gamma-butyrolactone, whenever the
existence of such isomers, esters and ethers and salts is possible
within the specific chemical.
(5) Gamma-butyrolactone, including butyrolactone; butyrolactone gamma;
4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone;
tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide;
gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and
4-hydroxybutanoic acid lactone with Chemical Abstract Service number
(96-48-0) when any such substance is intended for human consumption.
(6) 1,4 butanediol, including butanediol; butane-1,4-diol;
1,4-butylene glyco; butylene glycol; 1,4-dihydroxybutane;
1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene
1,4-diol with Chemical Abstract Service number (110-63-4) when any such
substance is intended for human consumption.
(f) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
(1) Fenethylline.
(2) N-ethylamphetamine.
(3) (+ -)cis-4-methylaminorex ((+ -)cis-4,5-dihydro-4-methyl -5-phenyl
-2-oxazolamine).
(4) N,N-dimethylamphetamine (also known as N,N-alpha-
trimethyl-benzeneethanamine; N,N-alpha- trimethylphenethylamine).
(5) Methcathinone (some other names: 2-(methylamino) - propiophenone;
alpha-(methylamino) propiophenone; 2-(methylamino) -1-phenylpropan-
1-one; alpha-N- methylaminopropiophenone; monomethylpropion; ephedrone,
N-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and UR1432),
its salts, optical isomers and salts of optical isomers.
(6) Aminorex. Some other names: aminoxaphen; 2-amino-5-phenyl
-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine.
(7) Cathinone. Some trade or other names:
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
2-aminopropiophenone, and norephedrone.
(8) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine),
its optical isomers, salts and salts of isomers.
(9) 4-methyl-N-methylcathinone or 4-Methylmethcathinone, also known as
Mephedrone.
(10) 3,4-methylenedioxypyrovalerone or Methylenedioxypyrovalerone,
also known as MDPV.
(11) 3,4-methylenedioxy-N-methylcathinone (some other names:
methylone).
(12) 4-Methoxymethcathinone.
(13) 3-Fluoromethcathinone.
(14) 4-Fluoromethcathinone.
(15) Ethylpropion (Ethcathinone).
(16) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
(17) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
(18) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).
(19) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).
(20) 2-{4-(Ethylthio)-2,5-dimethoxyphenyl}ethanamine (2C-T-2).
(21) 2-{4-(Isopropylthio)-2,5-dimethoxyphenyl}ethanamine (2C-T-4).
(22) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).
(23) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).
(24) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
Schedule II. (a) Schedule II shall consist of the drugs and other
substances, by whatever official name, common or usual name, chemical
name, or brand name designated, listed in this section.
(b) Substances, vegetable origin or chemical synthesis. Unless
specifically excepted or unless listed in another schedule, any of the
following substances whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by a combination of extraction and
chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine, dextrorphan,
nalbuphine, nalmefene, naloxone, and naltrexone, and their respective
salts, but including the following:
1. Raw opium.
2. Opium extracts.
3. Opium fluid.
4. Powdered opium.
5. Granulated opium.
6. Tincture of opium.
7. Codeine.
8. Ethylmorphine.
9. Etorphine hydrochloride.
10. Hydrocodone (also known as dihydrocodeinone).
11. Hydromorphone.
12. Metopon.
13. Morphine.
14. Oxycodone.
15. Oxymorphone.
16. Thebaine.
17. Dihydroetorphine.
18. Oripavine.
(2) Any salt, compound, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred
to in this section, except that these substances shall not include the
isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation of
coca leaves, and any salt, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of these substances
including cocaine and ecgonine, their salts, isomers, and salts of
isomers, except that the substances shall not include decocainized coca
leaves or extraction of coca leaves, which extractions do not contain
cocaine or ecgonine.
(5) Concentrate of poppy straw (the crude extract of poppy straw in
either liquid, solid or powder form which contains the phenanthrene
alkaloids of the opium poppy).
(b-1) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation containing any
of the following, or their salts calculated as the free anhydrous base
or alkaloid, in limited quantities as set forth below:
(1) Not more than three hundred milligrams of dihydrocodeinone
(hydrocodone) per one hundred milliliters or not more than fifteen
milligrams per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium.
(2) Not more than three hundred milligrams of dihydrocodeinone
(hydrocodone) per one hundred milliliters or not more than fifteen
milligrams per dosage unit, with one or more active nonnarcotic
ingredients in recognized therapeutic amounts.
(c) Opiates. Unless specifically excepted or unless in another
schedule any of the following opiates, including its isomers, esters,
ethers, salts and salts of isomers, esters and ethers whenever the
existence of such isomers, esters, ethers, and salts is possible within
the specific chemical designation, dextrorphan and levopropoxyphene
excepted:
(1) Alfentanil.
(2) Alphaprodine.
(3) Anileridine.
(4) Bezitramide.
(5) Bulk dextropropoxyphene (non-dosage forms).
(6) Carfentanil.
(7) Dihydrocodeine.
(8) Diphenoxylate.
(9) Fentanyl.
(10) Isomethadone.
(11) Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol,
levomethadylacetate or LAAM).
(12) Levomethorphan.
(13) Levorphanol.
(14) Metazocine.
(15) Methadone.
(16) Methadone-intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl
butane.
(17) Moramide-intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic
(18) Pethidine (meperidine).
(19) Pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.
(20) Pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.
(21) Pethidine-intermediate-C, 1-methyl-4- phenylpiperidine-4-
carboxylic acid.
(22) Phenazocine.
(23) Piminodine.
(24) Racemethorphan.
(25) Racemorphan.
(26) Sufentanil.
(27) Remifentanil.
(28) Tapentadol.
(d) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
(1) Amphetamine.
(2) Methamphetamine.
(3) Phenmetrazine.
(4) Methylphenidate.
(5) Lisdexamfetamine.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(1) Amobarbital.
(2) Glutethimide.
(3) Pentobarbital.
(4) Secobarbital.
(f) Hallucinogenic substances.
Nabilone: Another name for nabilone: (+,-)-trans
-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo{b,d}pyran-9-one.
(g) Immediate precursors. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(i) Phenylacetone Some trade or other names: pheny1-2-propanone; P2P;
benzyl methyl ketone; methyl benzyl ketone;
(2) Immediate precursors to phencyclidine (PCP):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
(3) Immediate precursor to fentanyl:
(i) 4-anilino-N-phenethyl-4-piperidine (ANPP).
(h) Anabolic steroids. Unless specifically excepted or unless listed
in another schedule, "anabolic steroid" shall mean any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, corticosteroids and
dehydroepiandrosterone) and includes:
(1) 3{beta}, 17-dihydroxy-5a-androstane.
(2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane.
(3) 5{alpha}-androstan-3,17-dione.
(4) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
(5) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
(6) 4-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-4-ene).
(7) 5-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-5-ene).
(8) 1-androstenedione ({5{alpha}}-androst-1-en-3,17-dione).
(9) 4-androstenedione (androst-4-en-3,17-dione).
(10) 5-androstenedione (androst-5-en-3,17-dione).
(11) Bolasterone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyandrost-
4-en-3-one).
(12) Boldenone (17{beta}-hydroxyandrost-1, 4,-diene-3-one).
(13) Boldione (androsta-1,4-diene-3,17-dione).
(14) Calusterone (7{beta}, 17{alpha}-dimethyl-17{beta}-hydroxyandrost-
4-en-3-one).
(15) Clostebol (4-chloro-17{beta}-hydroxyandrost-4-en-3-one).
(16) Dehydrochloromethyltestosterone (4-chloro-17{beta}-hydroxy-17
{alpha}-methyl-androst-1, 4-dien-3-one).
(17) {Delta} 1-dihydrotestosterone (a.k.a. '1-testosterone') (17
{beta}-hydroxy-5{alpha}-androst-1-en-3-one).
(18) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-3-one).
(19) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl-5{alpha}
-androstan-3-one).
(20) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr- 4-ene).
(21) Fluoxymesterone (9-fluoro-17{alpha}-methyl-11{beta}, 17 {beta}-
dihydroxyandrost-4-en-3-one).
(22) Formebolone (2-formyl-17{alpha}-methyl-11{alpha},
17{beta}-dihydroxyandrost-1, 4-dien-3-one).
(23) Furazabol (17{alpha}-methyl-17{beta}-hydroxyandrostano
{2, 3-c}-furazan).
(24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one.
(25) 4-hydroxytestosterone (4, 17{beta}-dihydroxy-androst-4-en-3-one).
(26) 4-hydroxy-19-nortestosterone
(4,17{beta}-dihydroxy-estr-4-en-3-one).
(27) desoxymethyltestosterone
(17{alpha}-methyl-5{alpha}-androst-2-en-17{beta}-ol) (a.k.a., madol).
(28) Mestanolone (17{alpha}-methyl-17{beta}-hydroxy-
5-androstan-3-one).
(29) Mesterolone (1{alpha} methyl-17{beta}-hydroxy-
{5{alpha}}-androstan-3-one).
(30) Methandienone (17{alpha}-methyl-17{beta}-hydroxyandrost-1,
4-dien-3-one).
(31) Methandriol (17{alpha}-methyl-3{beta},
17{beta}-dihydroxyandrost-5-ene).
(32) Methenolone (1-methyl-17{beta}-hydroxy-5{alpha}-androst-
1-en-3-one).
(33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane.
(34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy- 5a-androstane.
(35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.
(36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-
hydroxy-17{beta}-hydroxyestr-4-en-3-one).
(37) Methyldienolone (17{alpha}-methyl-17{beta}-hydroxyestra-
4,9(10)-dien-3-one).
(38) Methyltrienolone (17{alpha}-methyl-17{beta}-hydroxyestra-4,
9-11-trien-3-one).
(39) Methyltestosterone (17{alpha}-methyl-17{beta}-hydroxyandrost-
4-en-3-one).
(40) Mibolerone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyestr-
4-en-3-one).
(41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone
(17b{beta}-hydroxy-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)
(a.k.a. '17-{alpha}-methyl-1-testosterone').
(42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).
(43) 19-nor-4-androstenediol (3{beta},17{beta}-dihydroxyestr -4-ene).
(44) 19-nor-4-androstenediol (3{alpha},17{beta}-dihydroxyestr-4-ene).
(45) 19-nor-5-androstenediol (3{beta},17{beta}-dihydroxyestr -5-ene).
(46) 19-nor-5-androstenediol (3{alpha},17{beta}-dihydroxyestr-5-ene).
(47) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione).
(48) 19-nor-4-androstenedione (estr-4-en-3,17-dione).
(49) 19-nor-5-androstenedione (estr-5-en-3,17-dione).
(50) Norbolethone (13{beta}, 17{alpha}-diethyl-17{beta}
-hydroxygon-4-en-3-one).
(51) Norclostebol (4-chloro-17{beta}-hydroxyestr-4-en-3-one).
(52) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-en-3-one).
(53) Normethandrolone (17{alpha}-methyl-17{beta}
-hydroxyestr-4-en-3-one).
(54) Oxandrolone (17{alpha}-methyl-17{beta}-hydroxy-2-oxa-
{5{alpha}}-androstan-3-one).
(55) Oxymesterone (17{alpha}-methyl-4, 17{beta}-dihydroxy
androst-4-en-3-one).
(56) Oxymetholone (17 {alpha}-methyl-2-hydroxymethylene-17
{beta}-hydroxy-{5{alpha}}- androstan-3-one).
(57) Stanozolol (17{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}-
androst-2-eno{3, 2-c}-pyrazole).
(58) Stenbolone (17{beta}-hydroxy-2-methyl-{5{alpha}}-androst-
1-en-3-one).
(59) Testolactone (13-hydroxy-3-oxo-13, 17-secoandrosta-1,
4-dien-17-oic acid lactone).
(60) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).
(61) Tetrahydrogestrinone (13{beta}, 17{alpha}-diethyl
-17{beta}-hydroxygon-4, 9, 11-trien-3-one).
(62) Trenbolone (17{beta}-hydroxyestr-4, 9, 11-trien-3-one).
(63) Any salt, ester or ether of a drug or substance described or
listed in this subdivision.
(i) Subdivision (h) of this section shall not include any substance
containing anabolic steroids expressly intended for administration
through implants to cattle or other nonhuman species and that are
approved by the federal food and drug administration solely for such
use. Any individual who knowingly and willfully administers to himself
or another person, prescribes, dispenses or distributes such substances
for other than implantation to cattle or nonhuman species shall be
subject to the same penalties as a practitioner who violates the
provisions of this section or any other penalties prescribed by law.
Schedule III. (a) Schedule III shall consist of the drugs and other
substances, by whatever official name, common or usual name, chemical
name, or brand name designated, listed in this section.
(b) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers
(whether optical, position, or geometric), and salts of such isomers
whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) Those compounds, mixtures, or preparations in dosage unit form
containing any stimulant substances listed in schedule II which
compounds, mixtures, or preparations were listed on August twenty-five,
nineteen hundred seventy-one, as excepted compounds under title
twenty-one, section 308.32 of the code of federal regulations and any
other drug of the quantitive composition shown in that list for those
drugs or which is the same except that it contains a lesser quantity of
controlled substances.
(2) Benzphetamine.
(3) Chlorphentermine.
(4) Clortermine.
(6) Phendimetrazine.
(c) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
(1) Any compound, mixture or preparation containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt thereof and one or more other active medicinal ingredients
which are not listed in any schedule.
(2) Any suppository dosage form containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt of any of these drugs and approved by the federal food and
drug administration for marketing only as a suppository.
(3) Any substance which contains any quantity of a derivative of
barbituric acid or any salt thereof.
(4) Chlorhexadol.
(5) Lysergic acid.
(6) Lysergic acid amide.
(7) Methyprylon.
(8) Sulfondiethylmethane.
(9) Sulfonethylmethane.
(10) Sulfonmethane.
(11) Tiletamine and zolazepam or any salt thereof. Some trade or other
names for a tiletamine-zolazepam combination product: Telazol. Some
trade or other names for tiletamine: 2-(ethylamino) -2-(2-thienyl)
-cyclohexanone. Some trade or other names for zolazepam:
4-(2-fluorophenyl) -6,8-dihydro -1, 3, 8i-trimethylpyrazolo-{3,4-e}
{1,4} -diazepin-7(1H)-one, flupyrazapon.
(12) Gamma hydroxybutyric acid, and salt, hydroxybutyric compound,
derivative or preparation of gamma hydroxybutyric acid, including any
isomers, esters and ethers and salts of isomers, esters and ethers of
gamma hydroxybutyric acid, contained in a drug product for which an
application has been approved under section 505 of the federal food,
drug and cosmetic act.
(13) Ketamine, its salts, isomers and salts of isomers (some
other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-
cyclohexanone).
(14) Embutramide.
(d) Nalorphine.
(e) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities
as set forth below:
(1) Not more than 1.8 grams of codeine per one hundred milliliters or
not more than ninety milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.8 grams of codeine per one hundred milliliters or
not more than ninety milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts.
(3) Not more than 1.8 grams of dihydrocodeine per one hundred
milliliters or not more than ninety milligrams per dosage unit, with one
or more active nonnarcotic ingredients in recognized therapeutic
amounts.
(4) Not more than three hundred milligrams of ethylmorphine per one
hundred milliliters or not more than fifteen milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(5) Not more than five hundred milligrams of opium per one hundred
milliliters or per one hundred grams or not more than twenty-five
milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(6) Not more than fifty milligrams of morphine per one hundred
milliliters or per one hundred grams, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
(7) Buprenorphine in any quantities.
(f) Dronabinol (synthetic) in sesame oil and encapsulated in a soft
gelatin capsule in a U.S. Food and Drug Administration approved product.
Some other names for dronabinol include: (6aR-trans)-6a, 7, 8,
10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d} pyran-1-o1, or
(-)-delta-9-(trans) - tetrahydrocannabinol.
(g) Chorionic gonadotropin. Unless specifically excepted or unless
listed in another schedule any material, compound, mixture, or
preparation which contains any amount of chorionic gonadotropin.
Schedule IV. (a) Schedule IV shall consist of the drugs and other
substances, by whatever official name, common or usual name, chemical
name, or brand name designated, listed in this section.
(b) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities
as set forth below:
(1) Not more than one milligram of difenoxin and not less than
twenty-five micrograms of atropine sulfate per dosage unit.
(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-
methyl-2-propionoxybutane).
(c) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances, including its salts,
isomers, and salts of isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Alprazolam.
(2) Barbital.
(3) Bromazepam.
(4) Camazepam.
(5) Chloral betaine.
(6) Chloral hydrate.
(7) Chlordiazepoxide.
(8) Clobazam.
(9) Clonazepam.
(10) Clorazepate.
(11) Clotiazepam.
(12) Cloxazolam.
(13) Delorazepam.
(14) Diazepam.
(15) Estazolam.
(16) Ethchlorvynol.
(17) Ethinamate.
(18) Ethyl Loflazepate.
(19) Fludiazepam.
(20) Flunitrazepam.
(21) Flurazepam.
(22) Halazepam.
(23) Haloxazolam.
(24) Ketazolam.
(25) Loprazolam.
(26) Lorazepam.
(27) Lormetazepam.
(28) Mebutamate.
(29) Medazepam.
(30) Meprobamate.
(31) Methohexital.
(32) Methylphenobarbital (mephobarbital).
(33) Nimetazepam.
(34) Nitrazepam.
(35) Nordiazepam.
(36) Oxazepam.
(37) Oxazolam.
(38) Paraldehyde.
(39) Petrichoral.
(40) Phenobarbital.
(41) Pinazepam.
(42) Prazepam.
(43) Temazepam.
(44) Tetrazepam.
(45) Triazolam.
(46) Midazolam.
(47) Quazepam.
(48) Zolpidem.
(49) Dichloralphenazone.
(50) Zaleplon.
(51) Zopiclone (eszopiclone).
(52) Fospropofol.
(53) Carisoprodol.
* (d) Fenfluramine. Any material, compound, mixture, or preparation
which contains any quantity of the following substances, including its
salts, isomers (whether optical, position, or geometric), and salts of
such isomers, whenever the existence of such salts, isomers and salts of
isomers is possible:
(1) Fenfluramine.
* NB Repealed upon the removal of fenfluramine and its salts and
isomers from Schedule IV of the federal Controlled Substances Act
(e) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of such isomers:
(1) Cathine ((+) - norpseudoephedrine).
(2) Diethylpropion.
(3) Fencamfamin.
(4) Fenproporex.
(5) Mazindol.
(6) Mefenorex.
(7) Pemoline (including organometallic complexes and chelates
thereof).
(8) Phentermine.
(9) Pipradrol.
(10) SPA((-))-1-dimethylamino-1, 2-diphenylethane).
(11) Modafinil.
(12) Sibutramine.
(f) Other substances. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture or preparation which
contains any quantity of the following substances, including its salts:
(1) Pentazocine.
(2) Butorphanol (including its optical isomers).
(3) Tramadol in any quantities.
Schedule V. (a) Schedule V shall consist of the drugs and other
substances, by whatever official name, common or usual name, chemical
name, or brand name designated, listed in this section.
(b) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture, or preparation containing any of
the following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, in limited quantities as set forth below,
which shall include one or more nonnarcotic active medicinal ingredients
in sufficient proportion to confer upon the compound, mixture, or
preparation valuable medicinal qualities other than those possessed by
narcotic drugs alone:
(1) Not more than two hundred milligrams of codeine per one hundred
milliliters or per one hundred grams.
(2) Not more than one hundred milligrams of dihydrocodeine per one
hundred milliliters or per one hundred grams.
(3) Not more than one hundred milligrams of ethylmorphine per one
hundred milliliters or per one hundred grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less than
twenty-five micrograms of atropine sulfate per dosage unit.
(5) Not more than one hundred milligrams of opium per one hundred
milliliters or per one hundred grams.
(6) Not more than 0.5 milligram of difenoxin and not less than
twenty-five micrograms of atropine sulfate per dosage unit.
(c) Stimulants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its
salts, isomers and salts of isomers:
(1) Pyrovalerone.
(d) Depressants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers:
(1) Ezogabine {N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic
acid ethyl ester}.
(2) Lacosamide {(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide}.
(3) Pregabalin {(S)-3-(aminomethyl)-5-methylhexanoic acid }.
S 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 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.
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