Sec. 80.3. Exceptions, reclassification and exemptions of scheduled controlled substances  


Latest version.
  • (a) Exceptions.
    (1) Those nonnarcotic substances listed in section 1308.22 of title 21 of the Code of Federal Regulations, currently and as thereinafter amended, are excepted from the application of sections 3306 and 3319 of the Public Health Law.
    (2) Those drugs, which are restricted by law to dispensing on prescription, listed in section 1308.32 of title 21 of the Code of Federal Regulations, currently and as thereinafter amended, are excepted from the application of sections 3306 and 3319 of the Public Health Law.
    (3) Those chemical preparations and mixtures listed in section 1308.24 of title 21 of the Code of Federal Regulations, currently and as thereinafter amended, are excepted from the application of sections 3306 and 3319 of the Public Health Law.
    (4) The following compounds, mixtures or preparations containing a narcotic antagonist substance having no potential for abuse, and being excepted or exempted from control under the Federal Controlled Substances Act (21 USC 801 et seq.) are excepted from the application of sections 3306 and 3319 of the Public Health Law:
    (i) naloxone and its salts; and
    (ii) naltrexone and its salts.
    (b) Reclassifications.
    The following drugs listed in schedule II(c) of section 3306 of the Public Health Law are hereby reclassified as schedule III substances.
    Trade name or other designationCompositionManufacturer or supplier
    Mediatric—tablets, capsules and liquidTablet and capsule: Conjugated estrogens—equine (Premarin (R)), 0.25 mg.; Methyltestosterone, 2.5 mg.; Ascorbic Acid (Vit. C), 100 mg. (for capsules, provided as ascorbic acid, 70 mg. and as Sodium ascorbate, 30 mg.);Ayerst
    Cyanocobalamin, 2.5 mcg.; Thiamine mononitrate, 10.0 mg.; Riboflavin, 5.0 mg.; Niacinamide, 50.0 mg.; Pyridoxine HCl, 3.0 mg.; Calc. panto thenate, 20.0 mg.; Ferrous sulfate exsic., 30.0 mg.; Methamphetamine HCl, 1.0 mg. Liquid: (Premarin (R)) Conjugated estrogens, (U.S.P.), 0.25 mg.; Methyltestosterone, 2.5 mg.; Thiamine HCl, 5.0 mg.; Cyanocobalamin, 1.5 mcg.; Methamphetamine HCl, 1.0 mg.; Alcohol, 15%.
    Phelantin—KapsealsPhenobarbital (½ gr) 30 mg.; Dilantin (Diphenyl- hydantoin) (1½ gr) 100 mg.; Methamphetamine Hydrochloride 2.5 mg.Parke-Davis
    (c) Exemptions.
    The following compounds, mixtures or preparations containing an anabolic steroid listed in subdivision (h) of schedule II of section 3306 of the Public Health Law have ingredients included therein in such combinations, quantity, proportion or concentration as to reduce substantially the potential for abuse and, therefore, are exempted from the requirements of Public Health Law, article 33:
    Trade NameCompositionManufacturer or supplier
    EstratestEsterified estrogens (1.25 mg); Methyl- testosterone (2.5 mg)Solvay Pharmaceuticals Marietta, GA
    Estratest HSEsterified estrogens (0.625 mg); Methyl-testosterone (1.25 mg)Solvay Pharmaceuticals Marietta, GA
    Premarin with MethyltestosteroneConjugated estrogens (0.625 mg); Methyltestosterone (5.0 mg)Wyeth-Ayerst Laboratories Philadelphia, PA
    Premarin with MethyltestosteroneConjugated estrogens (1.25 mg); Methyltestosterone (10 mg)Wyeth-Ayerst Laboratories Philadelphia, PA