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
STATE OF NEW YORK
________________________________________________________________________
1248--C
Cal. No. 44
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. TAPIA, ZACCARO, ALVAREZ, LAVINE, DE LOS SANTOS,
SIMONE, FORREST, SHIMSKY, LUCAS, CUNNINGHAM, CRUZ, SIMON, SAYEGH,
BICHOTTE HERMELYN, BORES, K. BROWN, CHANG, GIGLIO, PIROZZOLO, DeSTEFA-
NO, PHEFFER AMATO, WEPRIN, SANTABARBARA, WALSH, REYES -- read once and
referred to the Committee on Consumer Affairs and Protection --
reported and referred to the Committee on Codes -- reported and
referred to the Committee on Ways and Means -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- reported and referred to the Committee on Rules --
ordered to a third reading, passed by Assembly and delivered to the
Senate, recalled from the Senate, vote reconsidered, bill amended,
ordered reprinted, retaining its place on the special order of third
reading -- ordered to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the general business law, in relation to prohibiting the
sale, offer for sale, or delivery of xylazine
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 392-k to read as follows:
3 § 392-k. Sale of xylazine. 1. For purposes of this section, the term
4 "xylazine" shall mean a pharmaceutical drug used for sedation, anes-
5 thesia, muscle relaxation, and analgesia in animals such as horses,
6 cattle, and other non-human mammals.
7 2. The provisions of this section shall apply only to the sale, offer
8 for sale, delivery, or distribution of xylazine.
9 3. No corporation, partnership, limited liability company, firm,
10 online platform, or any other business entity doing business within this
11 state shall knowingly sell, offer for sale, or deliver xylazine to indi-
12 viduals without proof of its intended use for institutional, veterinary,
13 or scientific purposes, including but not limited to obtaining a copy of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02623-08-5
A. 1248--C 2
1 such individual's active license to practice veterinary medicine under
2 article one hundred thirty-five of the education law, or an affidavit
3 that such individual is otherwise not prohibited under this section from
4 purchasing xylazine.
5 4. No corporation, partnership, limited liability company, firm,
6 online platform, or other business entity doing business within this
7 state shall knowingly sell, offer for sale, or deliver xylazine to indi-
8 viduals under the age of twenty-one, demonstrated via government issued
9 identification by the individual, veterinary representative, or purchas-
10 ing agent.
11 5. Any corporation, partnership, limited liability company, firm,
12 online platform, or other business entity doing business within this
13 state which knowingly sells, offers for sale, or distributes xylazine,
14 shall require and retain, for a minimum of five years, sales records,
15 proof of age, and proof of use from all purchasers.
16 6. Any corporation, partnership, limited liability company, firm,
17 online platform, or other business entity doing business within this
18 state that violates the provisions of this section by knowingly selling,
19 offering for sale, or delivering xylazine shall be subject to a civil
20 penalty of not more than three thousand dollars for a first violation,
21 and sixty-five hundred dollars for each subsequent violation, recovera-
22 ble in an action by the attorney general of the state of New York. All
23 funds collected or received by the state from civil penalties imposed
24 under this section shall be deposited in the New York state drug treat-
25 ment and public education fund established pursuant to section ninety-
26 nine-jj of the state finance law.
27 § 2. This act shall take effect on the ninetieth day after it shall
28 have become a law.
