2018 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  may  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.