NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5914A
SPONSOR: Woerner 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.
§ 2: establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Section 1 expands the reference to xylaiine 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,' 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-AVAILABILITY/
FDA-ALERTS-HEALTH CARE-PROFESSIONALS-RISKS-PATIENTS-EXPOSED-
XYLAZIND-ILLICIT-DRUGS
STATE OF NEW YORK
________________________________________________________________________
5914--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 24, 2023
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to designating Xyla-
zine as a schedule III depressant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (c) of schedule III of section 3306 of the
2 public health law is amended by adding a new paragraph 15 to read as
3 follows:
4 (15) Xylazine (N-(2,6-dimethylphenyl)-5,6-dihydro-4H-1,3 thiazin-2-
5 amine), including its salts, isomers and salts of isomers whenever the
6 existence of such salts, isomers and salts of isomers is possible within
7 the specific chemical designation.
8 § 2. This act shall take effect on the ninetieth day after it shall
9 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06914-02-3
