New York State Law
A Digest of New York's Criminal Code and Related Laws
NY's Public Health Law | Title 1 | Article 33 | S3302 S3306PUBLIC HEALTH LAW - TITLE 1 - ARTICLE 33
GENERAL PROVISIONS
3302. Definitions of terms of general use in this article.
3306. Schedules of controlled substances
3302. Definitions of terms of general use in this article.
3306. Schedules of controlled substances
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 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 }. Top of Page