Brown E, Novakhov, Angelino, Blumencranz, Giglio JA, Chang, Bendett, Lemondes, Beephan, Gallahan,
Hawley, Durso, DiPietro, Simpson, Blankenbush, Miller, Gray, Byrnes, Maher, Mikulin, Brown K
MLTSPNSR
Amd §3306, Pub Health L; amd §§220.00, 220.43, 220.41, 220.39, 220.21, 220.18, 220.16 & 220.09, Pen L
Relates to the classification of the drug xylazine as a schedule I controlled substance, and to the criminal sale and possession of xylazine or preparations, compounds, mixtures or substances containing xylazine.
STATE OF NEW YORK
________________________________________________________________________
8130
2023-2024 Regular Sessions
IN ASSEMBLY
October 13, 2023
___________
Introduced by M. of A. DeSTEFANO -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the classification
of the drug xylazine as a controlled substance; and to amend the penal
law, in relation to the criminal sale and possession of xylazine or
preparations, compounds, mixtures or substances containing xylazine
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (e) of schedule I of section 3306 of the public
2 health law is amended by adding a new paragraph 7 to read as follows:
3 (7) Xylazine.
4 § 2. Subdivision 12 of section 220.00 of the penal law, as amended by
5 chapter 664 of the laws of 1985, is amended and a new subdivision 12-a
6 is added to read as follows:
7 12. "Dangerous depressant" means any controlled substance listed in
8 schedule I(e)(2), (3), (7), II(e), III(c)(3) or IV(c)(2), (31), (32),
9 (40).
10 12-a. "Adulterant depressant" means any controlled substance listed in
11 schedule I(e)(7) of section thirty-three hundred six of the public
12 health law.
13 § 3. Subdivision 1 of section 220.43 of the penal law, as amended by
14 chapter 75 of the laws of 1995, is amended to read as follows:
15 1. one or more preparations, compounds, mixtures or substances
16 containing a narcotic drug or adulterant depressant and the prepara-
17 tions, compounds, mixtures or substances are of an aggregate weight of
18 two ounces or more; or
19 § 4. Subdivision 1 of section 220.41 of the penal law, as amended by
20 chapter 75 of the laws of 1995, is amended to read as follows:
21 1. one or more preparations, compounds, mixtures or substances
22 containing a narcotic drug or adulterant depressant and the prepara-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13324-01-3
A. 8130 2
1 tions, compounds, mixtures or substances are of an aggregate weight of
2 one-half ounce or more; or
3 § 5. Subdivision 1 of section 220.39 of the penal law, as amended by
4 chapter 1051 of the laws of 1973, is amended to read as follows:
5 1. a narcotic drug or adulterant depressant; or
6 § 6. Subdivision 1 of section 220.21 of the penal law, as amended by
7 chapter 738 of the laws of 2004, is amended to read as follows:
8 1. one or more preparations, compounds, mixtures or substances
9 containing a narcotic drug or adulterant depressant and said prepara-
10 tions, compounds, mixtures or substances are of an aggregate weight of
11 eight ounces or more; or
12 § 7. Subdivision 1 of section 220.18 of the penal law, as amended by
13 chapter 738 of the laws of 2004, is amended to read as follows:
14 1. one or more preparations, compounds, mixtures or substances
15 containing a narcotic drug or adulterant depressant and said prepara-
16 tions, compounds, mixtures or substances are of an aggregate weight of
17 four ounces or more; or
18 § 8. Subdivisions 1 and 12 of section 220.16 of the penal law, as
19 amended by chapter 75 of the laws of 1995, are amended to read as
20 follows:
21 1. a narcotic drug or adulterant depressant with intent to sell it; or
22 12. one or more preparations, compounds, mixtures or substances
23 containing a narcotic drug or adulterant depressant and said prepara-
24 tions, compounds, mixtures or substances are of an aggregate weight of
25 one-half ounce or more; or
26 § 9. Subdivision 1 of section 220.09 of the penal law, as amended by
27 chapter 75 of the laws of 1995, is amended to read as follows:
28 1. one or more preparations, compounds, mixtures or substances
29 containing a narcotic drug or adulterant depressant and said prepara-
30 tions, compounds, mixtures or substances are of an aggregate weight of
31 one-eighth ounce or more; or
32 § 10. This act shall take effect immediately.
