New York State Law

Public Health Law

Schedules Of Controlled Substances


Article 33 - Public Health Law

TITLE 1 - ARTICLE 33 - S3302 - S3307

Section Description
3302Definitions of terms of general use in this article.
3304Prohibited acts.
3305Exemptions.
3306Schedules of controlled substances.
3307Exception 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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