Senate Bill S5439A

                                 
BILL NUMBER: S5439A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to designating Xyla-
zine as a schedule III depressant

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill designates xylazine as a schedule III-controlled substance

 
SUMMARY OF PROVISIONS:

Section 1: amends subdivision (c) of schedule III of section 3306 of the
public health law, regarding schedules of controlled substances, to add
a new paragraph 15 to include Xylazine
N(2,6-dimethylpheny1)-5,6-dihydro-4H-1,3 thiazin-2-amine) as a schedule
III controlled substance.

Section 2: establishes the effective date.

              

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Section 1 expands the reference to xylazine to include "salts, isomers
and salts of isomers".

 
JUSTIFICATION:

Xylazine is a veterinary sedative primarily used on horses during
substantially painful procedures such as castration and dental work.
Much like ketamine, which was classified under New York law as a sched-
ule III controlled substance in 1997, the drug is being diverted for
human use causing severe adverse health effects. The Department of
Health reached out to local EMS warning them of the dangers of xylazine-
laced heroin, which has emerged as the most recent threat in New York
state's battle against heroin fentanyl. Both heroin and fentanyl dealers
are using this dangerous substance to "enhance" and "bulk up" product,
thus increasing demand and dependency.

The use of xylazine can lead to hypotension and bradycardia, and when
combined with central nervous system depressants, such as benzodiaze-
pines or alcohol, it can significantly depress vital functions and
increase the risk of overdose and death. Xylazine is sometimes used as
an adulterant and combined with opioids and recreational drugs; however,
it has no antidote and, as a notice released by the FDA to health care
providers in November 2022 warns, 
1 the use of naloxone "may not be
able to reverse its effects." The heroin-xylazine combination is so
potent that it can take multiple doses of naloxone to revive an overdose
victim, and even this regime is not guaranteed to be effective. Adding
xylazine to the controlled substance schedule can ensure proper safe-
guards against diversion and help combat the heroin epidemic currently
plaguing the state.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.300 - Referred to Health.

2017:  S.300 - Passed Senate.
2016: S.7397 - Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
 
1 FDA alerts health care professionals of risks to patients exposed to
xylazine in illicit drugs. November 8, 2022. U.S. Food and Drug Adminis-
tration. Retrieved March 14, 2023, from
https://www.fda.gov/drugs/drug-safety-and- availahility/fda-alerts-
health -care-professionals-risks-patients- exposed-xylazine-illicit-
drugs