At the federal level, Butalbitol is only considered a Schedule III drug if it contains aspirin. However, at the state level, all Butalbitol is considered a Schedule III drug pursuant to WV Code 60A-2-208-c-6. Schedule III controlled substances are referenced throughout Board Rule 15-2, Rules of the Board of Pharmacy for the Uniform Controlled Substances Act. In conclusion, the Board’s Rules regarding Schedule III drugs and Butalbitol are more stringent than their federal counterparts because all forms of Butalbitol are considered Schedule III per Board Rules.
Federal drug schedules often change, and it can take time to mirror such changes at the state level.