2006 New York Code - 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.