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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8130
SPONSOR: DeStefano TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the classification of the drug xylazine as a controlled
substance, and to the criminal sale and possession of xylazine or prepa-
rations, compounds, mixtures or substances containing xylazine
SUMMARY OF PROVISIONS:
Section 1. Subdivision (e) of schedule I of section 3306 of the public
health law is amended by adding a new paragraph 7 to read as follows:
(7) Xylazine.
§ 2. Subdivision 12 of section 220.00 of the penal law, as amended by
chapter 664 of the laws of 1985, is amended and a new subdivision 12-a
is added to read as follows:
12. "Dangerous depressant" means any controlled substance listed in
schedule I(e)(2), (3), (7), II(e), III(c) (3) or IV(c) (2), (31),
(32),(40). 12-a. "Adulterant depressant" means any controlled
substance listed in Schedule I(e)(7) of section thirty-three hundred six
of the public health law.
§ 3. Subdivision 1 of section 220.43 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended to read as follows:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug or adulterant depressant and the prepara-
tions, compounds, mixtures or substances are of an aggregate weight of
two ounces or more; or
§ 4. Subdivision 1 of section 220.41 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended to read as follows:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug or adulterant depressant and the prepara-
tions, compounds, mixtures or substances are of an aggregate weight of
one-half ounce or more; or •
§ 5. Subdivision 1 of section 220.39 of the penal law, as amended by
chapter 1051 of the laws of 1973, is amended to read as follows: 1. a
narcotic drug or adulterant depressant; or
§ 6. Subdivision 1 of section 220.21 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows: 1. one
or more preparations, compounds, mixtures or substances containing a
narcotic drug or adulterant depressant and said preparations, compounds,
mixtures or substances are of an aggregate weight of eight ounces or
more; or
§ 7. Subdivision 1 of section 220.18 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug or adulterant depressant and said prepara-
tions, compounds, mixtures or substances are of an aggregate weight of
four ounces or more; or
§ 8. Subdivisions 1 and 12 of section 220.16 of the penal law, as
amended by chapter 75 of the laws of 1995, are amended to read as
follows:
1. a narcotic drug or adulterant depressant with intent to sell it; or
12. one or more preparations, compounds, mixtures or substances contain-
ing a narcotic drug or adulterant depressant and said preparations,
compounds, mixtures or substances are of an aggregate weight of one-half
ounce or more; Or
§ 9. Subdivision 1 of section 220.09 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended to read as follows:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug or adulterant depressant and said prepara-
tions, compounds, mixtures or substances are of an aggregate weight of
one-eighth ounce or more; or
§ 10. This act shall take effect immediately.
JUSTIFICATION:
Xylazine is making the deadliest drug threat our country has ever faced,
fentanyl, even deadlier," said Administrator Milgram. "DEA has seized
xylazine and fentanyl mixtures in 48 of 50 States. The DEA Laboratory
System is reporting that in 2022 approximately 23% of fentanyl powder
and 7% of fentanyl pills seized by the DEA contained xylazine."
Xylazine and fentanyl drug mixtures place users at a higher risk of
suffering a fatal drug poisoning. Because xylazine is not an opioid,
naloxone (Narcan) does not reverse its effects. Still, experts always
recommend administering naloxone if someone might be suffering a drug
poisoning. People who inject drug mixtures containing xylazine also can
develop severe wounds, including necrosis-the rotting of human tissue-
that may lead to amputation.
According to the Centers for Disease Control and Prevention,107,735
Americans died between August 2021 and August 2022 from drug poisonings,
with 66 percent of those deaths involving synthetic opioids like fenta-
nyl. The Sinaloa Cartel and Jalisco Cartel in Mexico, using chemicals
largely sourced from China, are primarily responsible for the vast
majority of the fentanyl that is being trafficked in communities across
the United States.
Suffolk County District Attorney Raymond Tierney recently conducted a
press conference announcing the arrest of individuals trafficking Xyla-
zine and other deadly drugs in the county. Joined by the family Michelle
Tomitz, a 30-year-old Smithtown mother of a six-year-old daughter, who
suffered a fatal drug overdose after consuming a lethal drug cocktail
consisting of fentanyl, cocaine and xylazine that she obtained illegally
from a drug dealer subsequently arrested by local law enforcement. Under
existing New York State law, the suspects could not have been arrested
if their drug sales were only of Xylazine.
According to the District Attorney, Xylazine has been found in the
illicit drug market in both Long Island and New York City. Although
several states have added xylazine to their lists of controlled
substances, xylazine is not yet considered a controlled substance in New
York State, the district attorney stressed.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
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.
