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Driving While Ability Impaired By
Drugs (DWAI Drugs)
In New York State, if you are impaired or intoxicated by alcohol, and you drive a car, you could be charged with VTL § 1192(1); VTL § 1192(2); and/or VTL § 1192(3) (DWI and/or DWAI); all three focus on impairment or intoxication by alcohol.
However, in order to be charged with Driving by Ability Impaired By Drugs, you must have ingested a drug specifically mentioned in Public Health Law § 3306, and that drug must have impaired your ability to drive.
Public Health Law § 3306 lists over 14 pages of drugs. Many of the drugs listed are legal substances for many common medical conditions. I caution people not to talk with law enforcement before consulting with an attorney. Your mere mention of the fact that you are taking any of the drugs listed coupled with a police stop could subject you to the charge of driving while ability impaired by drugs.
Public Health Law § 3306, lists the drugs that might subject you to driving while ability impaired by drugs under New York State Law.
§ 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-(alphamethyl-betaphenyl) ethyl-4-
piperidyl} propionanilide; 1-(1-methyl-2-phenylethyl) -4-(N-
propanilido)piperidine).
(8) Alpha-methylthiofentanyl (N-{1-methyl-2)2-thienyl) ethyl4-
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.
(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
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; ephadrone,
N-methylcathinone, methylcathinone).
(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.
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 extracts.
4. Powdered opium.
5. Granulated opium.
6. Tincture of opium.
7. Codeine.
8. Ethylmorphine.
9. Etorphine hydrochloride.
10. Hydrocodone.
11. Hydromorphone.
12. Metopon.
13. Morphine.
14. Oxycodone.
15. Oxymorphone.
16. Thebaine.
(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).
(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 acid.
(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.
(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:
(1) Amphetamine, its salts, optical isomers, and salts of its optical
isomers.
(2) Methamphetamine, its salts, isomers, and salts of its isomers.
(3) Phenmetrazine and its salts.
(4) Methylphenidate.
(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).
(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 and corticosteroids) that promotes
muscle growth, any drug or hormonal substance that stimulates the
endogenous production of steroids in the human body which acts in the
same manner, or any material, compound, mixture, or preparation which
contains any amount of the following substances:
(1) Boldenone.
(2) Clostebol.
(3) Dehydrochlormethyltestosterone.
(4) Drostanolone.
(5) Ethylestrenol.
(6) Fluoxymesterone.
(7) Formebulone (formebolone).
(8) Mesterolene.
(9) Methandriol.
(10) Methandrostenolone.
(11) Methenolone.
(12) Methyltestosterone.
(13) Mibolerone.
(14) Nandrolone.
(15) Norethandrolone.
(16) Oxandrolone.
(17) Oxymesterone.
(18) Oxymetholone.
(19) Stanolone.
(20) Stanozolol.
(21) Testosterone.
(22) Trenbolone.
(23) Any salt, ester or isomer of a drug or substance described or
listed in this subdivision, if such salt, ester or isomer promotes
muscle growth.
(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.
(5) Ketamine.
(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:
(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.
(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 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(f) Dronabinol (synthetic) in sesame oil and encapsulated in a soft
gelatin capsule in a U.S. Food and Drug Administration approved drug
product. Some other names for dronabinol: (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 gonadotrophin. Unless specifically excepted or unless
listed in another schedule any material, compound, mixture, or
preparation which contains any amount of chorionic gonadotrophin.
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 Tartrate.
* (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).
(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.
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 qualitites 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) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material compound, mixture or preparation
containing any of the following narcotic drugs and their salts, as set
forth below:
(1) Buprenorphine.
(d) 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.
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