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63-2-210.


63-2-210.
   
   The controlled substances listed in this section are included in
   Schedule IV.
   
   A. Any material, compound, mixture, or preparation which contains any
   quantity of the following substances having a potential for abuse
   associated with a stimulant or depressant effect on the central
   nervous system:
   
   1. Chloral betaine;
   
   2. Chloral hydrate;
   
   3. Ethchlorvynol;
   
   4. Ethinamate;
   
   5. Meprobamate;
   
   6. Paraldehyde;
   
   7. Petrichloral;
   
   8. Diethylpropion;
   
   9. Phentermine;
   
   10. Pemoline;
   
   11. Chlordiazepoxide;
   
   12. Chlordiazepoxide and its salts, but not including chlordiazepoxide
   hydrochloride and clidinium bromide or chlordiazepoxide and
   water-soluble esterified estrogens;
   
   13. Diazepam;
   
   14. Oxazepam;
   
   15. Clorazepate;
   
   16. Flurazepam and its salts;
   
   17. Clonazepam;
   
   18. Barbital;
   
   19. Mebutamate;
   
   20. Methohexital;
   
   21. Methylphenobarbital;
   
   22. Phenobarbital;
   
   23. Fenfluramine;
   
   24. Pentazocine;
   
   25. Dextropropoxyphene;
   
   26. Butorphanol;
   
   27. Alprazolam;
   
   28. Halazepam;
   
   29. Lorazepam;
   
   30. Prazepam;
   
   31. Temazepam;
   
   32. Triazolam;
   
   33. Carisoprodol; or
   
   34. Ephedrine, its salts, optical isomers, and salts of optical
   isomers as the only active ingredient, or in combination with other
   active ingredients.
   
   B. 1. The following nonnarcotic substances, which may, under the
   Federal Food, Drug, and Cosmetic Act (21 U.S.C., Section 301), be
   lawfully sold over the counter without a prescription, are excluded
   from all schedules of controlled substances under this title:
   
   a. Breathe-Aid,
   
   b. BronCare,
   
   c. Bronchial Congestion,
   
   d. Bronkaid Tablets,
   
   e. Bronkaid Dual Action Caplets,
   
   f. Bronkotabs,
   
   g. Bronkolixir,
   
   h. NeoRespin,
   
   i. Pazo Hemorrhoid Ointment and Suppositories,
   
   j. Primatene Tablets,
   
   k. Primatene "Dual Action" Formula,
   
   l. Quelidrine,
   
   m. Resp, and
   
   n. Vatronal Nose Drops.
   
   2. At the request of any person, the Director may exempt any other
   drug product containing ephedrine from being included as a Schedule IV
   controlled substance if such product:
   
   a. is labeled and marketed in a manner consistent with the pertinent
   pertinent OTC tentative final or final monograph issued by the FDA,
   and
   
   b. is manufactured and distributed for legitimate medicinal use and in
   a manner that reduces or eliminates the likelihood of abuse.
   
   3. In making a determination regarding a drug product, the Director,
   after notice and hearing, shall consider the following:
   
   a. the history and current pattern of abuse,
   
   b. the name and labeling of the product,
   
   c. the intended manner of distribution, advertising and promotion of
   the product, and
   
   d. other factors as may be relevant to and consistent with the public
   health and safety.
   
   4. The hearing shall be held in accordance with the Oklahoma
   Administrative Procedures Act.
   
   5. A list of current drug products meeting exemption requirements
   under this subsection may be obtained from the Bureau upon written
   request.
   
   C. The Board of Pharmacy may except by rule any compound, mixture, or
   preparation containing any depressant substance listed in subsection A
   of this section from the application of all or any part of the Uniform
   Controlled Dangerous Substances Act, Section 2-101 et seq. of this
   title, if the compound, mixture, or preparation contains one or more
   active medicinal ingredients not having a depressant effect on the
   central nervous system, and if the admixtures are included therein in
   combinations, quantity, proportion, or concentration that vitiate the
   potential for abuse of the substances which have a depressant effect
   on the central nervous system.
   

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