Thiele, Lavine, Jean-Pierre, Simon, Brown K, Brown E, DeStefano, Gandolfo, Blumencranz, Chang,
Durso, Flood, McDonough, Blankenbush, Gray, Slater, Bendett, Lunsford, McDonald, Colton,
Buttenschon, Pheffer Amato, Jones, Conrad, Fall, Santabarbara, Wallace, Stirpe, Williams, Ra
MLTSPNSR
Shimsky
Amd §§3305 & 3306, Pub Health L
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.
STATE OF NEW YORK
________________________________________________________________________
8395--A
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 1 of section 3305 of the public health law is
2 amended by adding a new paragraph (e) to read as follows:
3 (e) to any individual who possesses, sells, administers, prescribes,
4 or distributes any substance containing xylazine expressly intended for
5 administration through injections to cattle or other nonhuman species
6 and that are approved by the federal food and drug administration solely
7 for such use.
8 § 2. Subdivision (e) of schedule I of section 3306 of the public
9 health law is amended by adding a new paragraph 7 to read as follows:
10 (7) Xylazine (N- (3, 6-dimethylphenyl) - 5, 6-dihydro-4H-1,3 thiazin-
11 2-a-mine). This subdivision shall not include any substance containing
12 xylazine expressly intended for administration through injections to
13 cattle or other nonhuman species and that are approved by the federal
14 food and drug administration. Any individual who knowingly and willfully
15 administers to themself or another person, prescribes, dispenses or
16 distributes such substances when any such substance is intended for
17 human consumption or for any purpose other than injection to cattle or
18 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
A. 8395--A 2
1 ual or practitioner who violates the provisions of this section, section
2 3304 of this title, or any other penalties prescribed by law.
3 § 3. This act shall take effect on the thirtieth day after it shall
4 have become a law.
