Zaccaro, Alvarez, Lavine, De Los Santos, Simone, Forrest, Shimsky, Lucas, Cunningham, Cruz, Simon,
Sayegh, Epstein, Bichotte Hermelyn, Bores, Brown K, Chang, Giglio, Pirozzolo, DeStefano, Pheffer
Amato, Weprin, Santabarbara, Walsh, Reyes
MLTSPNSR
Add 392-k, Gen Bus L
Prohibits the knowing sale of xylazine above a certain weight to persons under the age of 21 and without proof of the intended use for institutional, veterinary, or scientific purposes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1248B
SPONSOR: Tapia TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of xylazine above a certain weight
PURPOSE:
The purpose of this bill is to mitigate the dangers posed by the growing
misuse of xylazine, a powerful veterinary tranquilizer, in the illicit
drug supply. By regulating the sale, offer for sale, and delivery of
xylazine in New York State, this bill aims to protect public health,
prevent further contamination of street drugs, and create a funding
stream to support restorative efforts for those affected by substance
misuse.
SUMMARY OF PROVISIONS:
*Section 1: Defines "xylazine" as a pharmaceutical drug used for
sedation, anesthesia, muscle relaxation, and analgesia in non-human
mammals.
*Section 2: Prohibits the sale, offer for sale, or delivery of 50 grams
or more of xylazine to individuals without proof of its intended use for
institutional, veterinary, or scientific purposes.
*Section 3: Prohibits the sale, offer for sale, or delivery of 50 grams
or more of xylazine to individuals under the age of twenty-one.
*Section 4: Requires businesses to retain sales records, proof of age,
and proof of use from all purchasers.
*Section 5: Establishes 'civil penalties for violations, with fines of
up to $3,000 for a first violation and $6,500 for each subsequent
violation. Directs that all funds collected from penalties be deposited
into the New York State Drug 'Treatment and Public Education Fund.
*Section 6: This act shall take effect immediately.
JUSTIFICATION:
New York State is undergoing an opioid epidemic. Exacerbated by the
introduction of dangerous additives such as xylazine, the illicit drug
supply has eluded and adapted to conventional mitigation strategies such
as drug scheduling and incarceration small-time drug dealers, most of
who are addicts themselves. Xylazine, a tranquilizer intended for veter-
inary use, has increasingly been found in street drugs- especially those
laced with synthetic opioids like fentanyl. This combination has proven
deadly and nearly impossible to treat, as xylazine does not respond to
naloxone, the standard reversal agent for opioid overdoses.
Xylazine causes severe complications in humans such as respiratory
depression and skin ulcers that lead to tissue decay and bacterial
infections, often resulting in amputation. According to the Centers for
Disease Control and Prevention (CDC), the presence of xylazine in drug-
poisoning deaths increased by 1,238% between 2018 and 2021. In New York
City alone, xylazine was four0 in over 25% of drug samples tested, in
2023, though experts believe .,the actual rate is higher.
This bill, rather than resorting to regressive strategies which only
exacerbate the social conditions which reproduce addiction and criminal-
ity, regulates the source of xylazine's supply rather than criminalize
its demand. After thorough discussion with experts, the bill was amended
to target the institutional and online entities which allow xylazine to
enter the illicit drug market in the first place. With this targeted
approach in mind, the civil penalties enumerated in the bill were
increased and, considering this new revenue, the bill now includes a
restorative funding stream by directing penalties collected under this
law to the New York State Drug Treatment and Public Education Fund.
Doing so ensures that resources are available to support restorative
efforts, such as expanding access to drug treatment, public education
initiatives, and harm reduction services, all while regulating the
supply of Xylazine.
In drafting this bill, we carefully considered the veterinary and scien-
tific interests involved in the regulation of this essential but danger-
ous drug. It is with this holistic and comprehensive view that we
explicitly protected these interests in the language of the bill. By
imposing stricter controls, while not criminalizing the sale of xyla-
zine, New York State can take, proactive steps to prevent this dangerous
substance from exacerbating the opioid crisis and ensure that those who
are most vulnerable receive the support they need.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
