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Assembly Bill A8395B

2023-2024 Legislative Session

Adds xylazine to the depressants designated as controlled substances

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2023-A8395 - Details

See Senate Version of this Bill:
S7763
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3305 & 3306, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:
A5099, S4676

2023-A8395 - Summary

Adds xylazine to the depressants designated as controlled substances with the exception of use in cattle or other nonhuman species if approved by the federal food and drug administration.

2023-A8395 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8395
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  STERN,  THIELE,  LAVINE, JEAN-PIERRE, SIMON,
   K. BROWN, E. BROWN, DeSTEFANO, GANDOLFO,  BLUMENCRANZ,  CHANG,  DURSO,
   FLOOD,  McDONOUGH,  BLANKENBUSH,  GRAY, SLATER, BENDETT -- Multi-Spon-
   sored by -- M. of A.  SHIMSKY -- read once and referred to the Commit-
   tee on Health

 AN ACT to amend the public health law, in relation to adding xylazine to
   the depressants designated as controlled substances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 3305 of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E) TO ANY INDIVIDUAL WHO POSSESSES, SELLS,  ADMINISTERS,  PRESCRIBES,
 OR  DISTRIBUTES ANY SUBSTANCE CONTAINING XYLAZINE EXPRESSLY INTENDED FOR
 ADMINISTRATION THROUGH INJECTIONS TO CATTLE OR  OTHER  NONHUMAN  SPECIES
 AND THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION SOLELY
 FOR SUCH USE.
   §  2.  Subdivision  (e)  of  schedule  I of section 3306 of the public
 health law is amended by adding a new paragraph 7 to read as follows:
   (7) XYLAZINE (N- (3, 6-DIMETHYLPHENYL) - 5, 6-DIHYDRO-4H-1,3  THIAZIN-
 2-A-MINE).  THIS  SUBDIVISION SHALL NOT INCLUDE ANY SUBSTANCE CONTAINING
 XYLAZINE EXPRESSLY INTENDED FOR  ADMINISTRATION  THROUGH  INJECTIONS  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  THEMSELF  OR ANOTHER PERSON,
 PRESCRIBES, DISPENSES OR  DISTRIBUTES  SUCH  SUBSTANCES  WHEN  ANY  SUCH
 SUBSTANCE  IS  INTENDED  FOR  HUMAN CONSUMPTION OR FOR ANY PURPOSE OTHER
 THAN INJECTION TO CATTLE OR NONHUMAN SPECIES SHALL  BE  SUBJECT  TO  THE
 SAME  PENALTIES  AS  ANY  INDIVIDUAL  OR  PRACTITIONER  WHO VIOLATES THE
 PROVISIONS OF THIS SECTION, SECTION 3304 OF THIS  TITLE,  OR  ANY  OTHER
 PENALTIES PRESCRIBED BY LAW.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2023-A8395A - Details

See Senate Version of this Bill:
S7763
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3305 & 3306, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:
A5099, S4676

2023-A8395A - Summary

Adds xylazine to the depressants designated as controlled substances with the exception of use in cattle or other nonhuman species if approved by the federal food and drug administration.

2023-A8395A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8395--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  STERN,  THIELE,  LAVINE, JEAN-PIERRE, SIMON,
   K. BROWN, E. BROWN, DeSTEFANO, GANDOLFO,  BLUMENCRANZ,  CHANG,  DURSO,
   FLOOD,  McDONOUGH, BLANKENBUSH, GRAY, SLATER, BENDETT, LUNSFORD, McDO-
   NALD, COLTON, BUTTENSCHON, PHEFFER AMATO, JONES, CONRAD, FALL,  SANTA-
   BARBARA,  WALLACE, STIRPE, WILLIAMS, RA -- Multi-Sponsored by -- M. of
   A. SHIMSKY -- read once and referred to the  Committee  on  Health  --
   recommitted  to  the  Committee  on Health in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to adding xylazine to
   the depressants designated as controlled substances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 3305 of the public health  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E)  TO  ANY INDIVIDUAL WHO POSSESSES, SELLS, ADMINISTERS, PRESCRIBES,
 OR DISTRIBUTES ANY SUBSTANCE CONTAINING XYLAZINE EXPRESSLY INTENDED  FOR
 ADMINISTRATION  THROUGH  INJECTIONS  TO CATTLE OR OTHER NONHUMAN SPECIES
 AND THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION SOLELY
 FOR SUCH USE.
   § 2. Subdivision (e) of schedule I  of  section  3306  of  the  public
 health law is amended by adding a new paragraph 7 to read as follows:
   (7)  XYLAZINE (N- (3, 6-DIMETHYLPHENYL) - 5, 6-DIHYDRO-4H-1,3 THIAZIN-
 2-A-MINE). THIS SUBDIVISION SHALL NOT INCLUDE ANY  SUBSTANCE  CONTAINING
 XYLAZINE  EXPRESSLY  INTENDED  FOR  ADMINISTRATION THROUGH INJECTIONS TO
 CATTLE OR OTHER NONHUMAN SPECIES AND THAT ARE APPROVED  BY  THE  FEDERAL
 FOOD AND DRUG ADMINISTRATION. ANY INDIVIDUAL WHO KNOWINGLY AND WILLFULLY
 ADMINISTERS  TO  THEMSELF  OR  ANOTHER  PERSON, PRESCRIBES, DISPENSES OR
 DISTRIBUTES SUCH SUBSTANCES WHEN ANY  SUCH  SUBSTANCE  IS  INTENDED  FOR
 HUMAN  CONSUMPTION  OR FOR ANY PURPOSE OTHER THAN INJECTION TO CATTLE OR
 NONHUMAN SPECIES SHALL BE SUBJECT TO THE SAME PENALTIES AS ANY  INDIVID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13520-04-4

co-Sponsors

multi-Sponsors

2023-A8395B (ACTIVE) - Details

See Senate Version of this Bill:
S7763
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3305 & 3306, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:
A5099, S4676

2023-A8395B (ACTIVE) - Summary

Adds xylazine to the depressants designated as controlled substances with the exception of use in cattle or other nonhuman species if approved by the federal food and drug administration.

2023-A8395B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8395--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  STERN,  THIELE,  LAVINE, JEAN-PIERRE, SIMON,
   K. BROWN, E. BROWN, DeSTEFANO, GANDOLFO,  BLUMENCRANZ,  CHANG,  DURSO,
   FLOOD,  McDONOUGH, BLANKENBUSH, GRAY, SLATER, BENDETT, LUNSFORD, McDO-
   NALD, COLTON, BUTTENSCHON, PHEFFER AMATO, JONES, CONRAD, FALL,  SANTA-
   BARBARA, WALLACE, STIRPE, WILLIAMS, RA, SILLITTI -- Multi-Sponsored by
   --  M.  of  A.  SHIMSKY  -- read once and referred to the Committee on
   Health -- recommitted to the Committee on Health  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in relation to adding xylazine to
   the depressants designated as controlled substances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 3305 of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E) TO ANY INDIVIDUAL WHO POSSESSES, SELLS,  ADMINISTERS,  PRESCRIBES,
 OR  DISTRIBUTES ANY SUBSTANCE CONTAINING XYLAZINE EXPRESSLY INTENDED FOR
 ADMINISTRATION THROUGH INJECTIONS TO CATTLE OR  OTHER  NONHUMAN  SPECIES
 AND THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION SOLELY
 FOR SUCH USE.
   §  2.  Subdivision  (e)  of  schedule  I of section 3306 of the public
 health law is amended by adding a new paragraph 7 to read as follows:
   (7) XYLAZINE (N- (2, 6-DIMETHYLPHENYL) - 5, 6-DIHYDRO-4H-1,3  THIAZIN-
 2-A-MINE).  THIS  SUBDIVISION SHALL NOT INCLUDE ANY SUBSTANCE CONTAINING
 XYLAZINE EXPRESSLY INTENDED FOR  ADMINISTRATION  THROUGH  INJECTIONS  TO
 CATTLE  OR  OTHER  NONHUMAN SPECIES AND THAT ARE APPROVED BY THE FEDERAL
 FOOD AND DRUG ADMINISTRATION. ANY INDIVIDUAL WHO KNOWINGLY AND WILLFULLY
 ADMINISTERS TO THEMSELF OR  ANOTHER  PERSON,  PRESCRIBES,  DISPENSES  OR
 DISTRIBUTES  SUCH  SUBSTANCES  WHEN  ANY  SUCH SUBSTANCE IS INTENDED FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13520-06-4

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