Section 4. The commissioner acting jointly with the board of registration in pharmacy may by regulation pursuant to the provisions of chapter thirty A except any compound, mixture or preparation containing any substances in paragraph (a) or (b) of Schedule III or in Schedule IV, V or VI established pursuant to the provisions of section two from the application of all or any part of this chapter if
(1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant 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 or stimulant effect on the central nervous system, and
(3) the compound, mixture, or preparation has been similarly excepted under the provisions of the Federal ''Comprehensive Drug Abuse, Prevention and Control Act of 1970'', or any amendment thereof.
Such regulation shall state the weight of the controlled substance per fluid ounce, or if a solid or semi-solid preparation the weight in the avoirdupois amounts, and if the metric system is used, the weight in grams per hundred cubic centimeters in the case of a fluid, or the weight per gram in the case of a solid or semi-solid preparation.
The commissioner shall by regulation modify, rescind or revoke an exception whenever it has been modified, rescinded or revoked under the provisions of the Federal Comprehensive Drug Abuse, Prevention and Control Act of 1970 or any amendment thereof.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 94c - Controlled Substances Act
Section 2 - Establishment of Schedules of Drugs or Other Controlled Substances
Section 2a - Temporary Placement of Substance in Schedule I
Section 3 - Findings Required for Placement in Schedules
Section 4 - Exceptions From Schedules
Section 5 - Dispensing Controlled Substances Excepted Under Sec. 4
Section 6 - Rules and Regulations
Section 7a - Registration as Participant in Prescription Monitoring Program
Section 8 - Research Projects and Studies
Section 10 - Separate Registration
Section 11 - Inspection of Establishments of Registrants or Applicants
Section 12 - Issuance of Registration to Manufacture or Distribute Controlled Substances
Section 16 - Distribution Between Registrants; Order Form
Section 17 - Necessity of Prescription for Dispensing Controlled Substances
Section 18 - Issuance of Prescription by Practitioner or Physician
Section 18b - Voluntary Non-Opiate Directive Form
Section 18c - Patient Education Required Before Issuance of Opioid Prescription
Section 19 - Prescription; Restrictions on Issuance
Section 19a - Emergency Contraception
Section 19b - Dispensing, Possessing and Administrating Opioid Antagonist
Section 19b1/2 - Exchange of Naloxone or Other Opioid Antagonist Between Registered Entities
Section 19d - Supply Limitations for Opiate Prescriptions; Exception for Palliative Care
Section 20 - Oral Prescriptions
Section 20a - Radiopharmaceutical Drugs
Section 21a - Prescriptions; Prospective Drug Review and Counseling by Pharmacist
Section 21b - Advertisement and Sale of Prescription Lock Boxes by Pharmacies
Section 22 - Contents of Prescription Written by Practitioner
Section 23 - Written or Electronic Prescriptions; Requirements and Restrictions
Section 27 - Sale of Hypodermic Syringes or Hypodermic Needles
Section 28 - Jurisdiction of Superior Court
Section 29 - Educational Programs for Prevention of Abuse of Controlled Substances
Section 30 - Administrative Inspection of Controlled Premises
Section 32k - Inducing or Abetting Minor to Distribute or Sell Controlled Substances
Section 32m - Possession of 2 Ounces or Less of Marihuana; Drug Awareness Program
Section 37 - Theft of Controlled Substances From Persons Authorized to Dispense or Possess
Section 38 - Violation of Secs. 24(a), 25, 26 or 27
Section 39 - Violation of Secs. 21 or 22
Section 41 - Arrest Without Warrant
Section 42 - Cooperation With Federal and Other State Agencies
Section 43 - Conformity With Federal Acts
Section 45 - Photographing and Fingerprinting of Persons Charged With Felony