§ 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 by regulation or emergency regulation,
reclassify any compound, mixture or preparation containing any substance
listed in Schedule I of section three thousand three hundred six of this
title as a Schedule II, III, IV or V substance, or exempt it from this
article, if that same compound, mixture or preparation is redesignated
or rescheduled other than under Schedule I under the federal Controlled
Substances Act, or deleted as a controlled substance under the federal
Controlled Substances Act. If the commissioner acts under this
subdivision and does not exempt the compound, mixture or preparation
from this article, he or she may only reclassify it to a newly created
subdivision in the same numbered schedule or a higher numbered schedule
than to which it is redesignated or rescheduled under the federal act.

6. The commissioner shall establish minimum standards for the storage,
reporting, ordering and record keeping of controlled substances
specified in subdivision (b-1) of schedule II of section thirty-three
hundred six of this article by manufacturers and distributors as if such
substances were set forth in schedule III of section thirty-three
hundred six of this article.