Prohibits the knowing sale, offer for sale, or delivery of xylazine 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: A1248C
SPONSOR: Tapia TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale, offer for sale, or delivery of xylazine
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 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 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 in the midst of an escalating opioid epidemic, made
even more deadly by the spread of dangerous additives like xylazine, The
illicit drug supply has adapted to and evaded conventional mitigation
strategies such as drug scheduling and the incarceration of small-time
dealers; many of whom are struggling with addiction themselves. Xyla-
zine, a veterinary tranquilizer, is increasingly showing up in street
drugs, particularly those laced with synthetic opioids like fentanyl.
This combination is often fatal and nearly impossible to reverse, as
xylazine does not respond to naloxone, the standard treatment for opioid
overdoses,
Xylazine poses severe health risks to humans, including respiratory
depression and skin ulcers that can lead to tissue decay, infections,
and, in many cases, amputation, Xylazine can cause toxicity and death in
humans at dosages ranging from 40 to 2400 mg, with plasma concentrations
in nonfatal cases ranging from 0.03 to 4.6 mg/L and from trace to 16
mg/L in fatal cases.This significant overlap between fatal and nonfatal
doses indicates that there may be no "safe" blood concentration of xyla-
zine.According to the Centers for Disease Control and Prevention, xyla-
zine-related deaths rose by 1,238 percent between 2018 and 2021. In New
York City alone, the substance was detected in over 25 percent of drug
samples tested in 2023, though experts believe the real figure is even
higher.
Rather than fall back on regressive strategies that often worsen the
conditions that fuel addiction and criminalization of addiction, this
bill takes a different approach. It targets the source of xylazine's
supply, focusing on institutional and online entities that allow the
substance to enter the illicit drug market. After extensive consultation
with experts, the bill was amended to reflect this targeted strategy.
Civil penalties were increased, and the revenue generated through
enforcement will now fund the New York State Drug Treatment and Public
Education Fund. This ensures that financial penalties serve a restora-
tive purpose by supporting expanded access to drug treatment, education
campaigns, and harm reduction services, all while also helping to regu-
late the supply of xylazine.
In drafting this bill, we made sure to account for the legitimate veter-
inary and scientific uses of this necessary but dangerous substance. The
bill explicitly protects those interests. By implementing stronger over-
sight without criminalizing the sale of xylazine, New York State can
take meaningful, proactive steps to curb its impact on the opioid crisis
and ensure vulnerable individuals receive the support and services they
need.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately
