Senate Bill S4676

                                 
BILL NUMBER: S4676

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to adding xylazine to
the depressants designated as controlled substances

 
PURPOSE:

This bill would designate Xylazine as a schedule I depressant outlawing
its possession and use; makes an exception when it is being administered
and/or prescribed by veterinarians for treating animals.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 3305 of the public health law
adding a new paragraph (e) to specify that the possession and use of
Xylazine is illegal with an exception for its use only in veterinary
practice for purposes of injection to cattle and nonhuman species when
such purposes are approved by the federal food and drug administration.

              

Section two of the bill amends Subdivision (e) of schedule I of section
3306 of the public health law by adding a new paragraph 7 to add Xyla-
zine to the list of depressants that are designated as controlled
substances when any such substance is intended for human consumption.
There is an exemption provided for in this paragraph for its use for
cattle and other nonhuman species but only when prescribed for such use
by a veterinarian.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

In recent years, there has been an alarming increase of illicit use of
the depressant Xylazine, commonly called "tranq" by drug dealers and
drug users on the streets. Xylazine has long been appropriately
prescribed and administered by veterinarians in a liquid form for treat-
ing a number of serious animal health conditions. However, the illicit
use of the powder form of "tranq" has grown dangerously as it is
frequently being added as a "cutting agent" to fentanyl, heroin and
other harmful street drugs. When it is mixed with these drugs the
effects are often deadly, due to the fact that it has a severely high
depressant effect on the human body's central nervous system.

According to the New York State Department of Health (DOH), "Xylazine is
a central nervous system depressant that can cause drowsiness, amnesia,
and slow breathing, heart rate, and blood pressure at dangerously low
levels. At very high doses, or with other central nervous system depres-
sants, xylazine can cause: loss of physical sensation, loss of
consciousness, and intensification of the effects of other drugs, which
can complicate overdose presentation and treatment." DOH also indicated
that where studies across the country have looked at this recently,
findings show that, "overdose deaths involving xylazine rose nearly
20-fold between 2015 and 2020."  (Source: Xylazine: What Clinicians Need
to Know (nv.gov))

Law enforcement entities in NY have noted increasingly alarming trends
of Xylazine appearing in toxicology reports from drug overdoses.  Howev-
er, because the sale and possession of Xylazine in New York state is
neither restricted nor illegal in any way, there is no way to prevent
drug dealers from adding the potentially deadly substance Xylazine to
illicit street drugs.

This change in law is urgently needed to reduce drug overdose deaths and
to combat the irreparable harm from use of Xylazine's "trance form that
currently is unrestricted and easily available as a cutting agent to
dangerous street drugs. This bill would enact a badly needed update to
our laws to address current drug epidemic problems.

 
LEGISLATIVE HISTORY:

S77638 - Referred to the Health Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.