Legislative Analysis
MAKE XYLAZINE A SCHEDULE 2 CONTROLLED SUBSTANCE Phone: (517) 373-8080
http://www.house.mi.gov/hfa
House Bill 4913 as introduced Analysis available at
Sponsor: Rep. Kelly Breen http://www.legislature.mi.gov
Committee: Judiciary
Revised 5-30-24
SUMMARY:
House Bill 4913 would amend the Public Health Code to designate xylazine as a Schedule 2
controlled substance. As described below, xylazine is a nonopioid drug used by veterinarians
as a tranquilizer and anesthetic for larger animals such as horses, cattle, and deer. Xylazine is
increasingly being found in samples of illicit drugs and implicated in drug overdoses.
Under the bill, veterinarians could still use xylazine, but it would be newly subject to sale,
distribution, storage, documentation, and related requirements for Schedule 2 controlled
substances.
In addition, among other existing provisions of state law, the following offenses and penalties
would newly apply to xylazine due to its status as a controlled substance under the bill:
• A person who knowingly or intentionally possesses xylazine without a prescription or
other authorization would be guilty of a felony punishable by imprisonment for up to
two years or a fine of up to $2,000, or both.
• A person who, without authorization, manufactures or delivers xylazine, or possesses
xylazine with intent to manufacture or deliver it, would be guilty of a felony punishable
by imprisonment for up to seven years or a fine of up to $10,000, or both.
• A person who, without authorization, delivers xylazine to a person who consumes it
and dies as a result would be guilty of a felony punishable by life or any term of years.
• A person who operates a motor vehicle, 1 watercraft, off-road vehicle (ORV), or
snowmobile while under the influence of xylazine or while visibly impaired due to the
consumption of xylazine and who causes the death or serious impairment of a body
function 2 of another person would be guilty of a felony punishable as follows:
o For causing death, imprisonment for up to 15 years or a fine of $2,500 to
$10,000, or both.
o For causing serious impairment of a body function, imprisonment for up to five
years or a fine of $1,000 to $5,000, or both.
The bill would take effect 90 days after being enacted.
MCL 333.7214
1
There are also penalties for such acts as operating a vehicle or vessel under the influence without the consequences
described above, as well as penalty enhancements for certain circumstances or prior convictions. Xylazine is already
subject to provisions related to operating a motor vehicle while intoxicated due to an other intoxicating substance.
2
As defined here: http://legislature.mi.gov/doc.aspx?mcl-257-58c
House Fiscal Agency Page 1 of 3
BACKGROUND:
Controlled substances are classified in the code under one of five schedules that are modeled
after those in the federal Controlled Substances Act. That law, enacted in 1970, regulates drugs
and other substances that are determined to pose a risk of abuse and dependence, regardless of
whether they are medical or recreational or are distributed legally or illegally. 3 Schedule 1
controlled substances have a high potential for abuse and no safe or acceptable use for medical
treatment. Schedule 2 controlled substances have a high potential for abuse that may lead to
severe psychic or physical dependence, but they also have currently accepted medical uses.
Controlled substances on Schedules 3 to 5 also have accepted medical uses, and increasingly
less potential for abuse relative to drugs in the prior (lower-numbered) schedules.
Drugs now listed on Schedule 2 in Michigan include opium and its derivatives (e.g., codeine,
morphine, and oxycodone, which is the active ingredient of Oxycontin); other opioids (e.g.,
fentanyl and methadone); cocaine; stimulants such as amphetamine, methamphetamine, and
methylphenidate (the active ingredient of Ritalin); and depressant drugs such as methaqualone
(known by its trade name Quaalude) and barbiturates (e.g., amobarbital, pentobarbital, and
secobarbital). Marijuana is also listed on Schedule 2, but only to the extent it is being used to
treat a debilitating medical condition under the Michigan Medical Marihuana Act. It is
otherwise listed as a Schedule 1 drug.
The code generally requires the state’s controlled substance schedules to parallel the schedules
in the federal act. However, the Michigan Board of Pharmacy is given the authority to add,
delete, or reschedule controlled substances under Michigan law and also can decide not to
schedule a substance similarly to federal law if certain conditions are met.
Xylazine is a nonopioid drug approved by the U.S. Food and Drug Administration (FDA) in
1972 for use by veterinarians as a sedative, muscle relaxant, and pain reliever for animals. It is
commonly used as a tranquilizer and anesthetic on larger animals such as cows and horses. It
is not approved or intended for human use. Clinical trials for potential human benefits were
conducted in the 1960s but suspended because of the severity of the drug’s effects on vital
bodily functions. The FDA regulates veterinary xylazine under the Federal Food, Drug, and
Cosmetic Act. It is not listed as a controlled substance under federal law, which means that the
Drug Enforcement Administration (DEA) has no authority to regulate it and its sales are not as
strictly monitored as for listed pharmaceuticals.
In recent years, xylazine has increasingly been found in samples of illicit drugs, especially as
a cutting agent for fentanyl, and implicated in drug overdoses. Xylazine is also known as
“tranq,” “tranq dope” (when mixed with an opioid such as heroin or fentanyl), or “zombie
drug.” Xylazine’s effects are reported to be broadly similar to those of heroin and fentanyl, but
they start faster and last longer. Mixing opioids and xylazine amplifies the effects of each and
increases the chance of an overdose. Symptoms of a xylazine overdose are also similar to those
for heroin or fentanyl, but because xylazine is not an opioid, its effects are not reversed by an
opioid antidote such as naloxone (e.g., Narcan). 4 Xylazine is not detected in traditional
toxicology screens. It is often not readily identifiable as the cause of overdose symptoms, as
the reason naloxone isn’t working, or as a cause of death. Xylazine is reportedly highly
3
See https://crsreports.congress.gov/product/pdf/R/R45948
4
https://www.fda.gov/media/162981/download
House Fiscal Agency HB 4913 as introduced Page 2 of 3
 addictive, with intense and painful withdrawal symptoms that cannot be alleviated or managed
as opioid withdrawal symptoms can. In addition, the use of xylazine often results in skin
wounds characterized by dead and rotting flesh, sometimes exposing bone, which can lead to
infection, amputation, or death. 5 Because it was never intended for human use, little research
has been done on the effects of xylazine on the human body, let alone how it reacts with other
drugs or how to treat withdrawal or overdose. 6
Other states that have added xylazine to their controlled substances schedules, either through
legislation or by temporary or permanent order or rule, include Florida (Schedule 1), Delaware
(Schedule 3), Ohio (Schedule 3), Pennsylvania (Schedule 3), and West Virginia (Schedule 4).
A bill has been introduced in Congress that would add xylazine to Schedule 3 of the federal
act, except for veterinary uses. The attorneys general of 39 states have urged its passage. 7
FISCAL IMPACT:
House Bill 4913 would have an indeterminate fiscal impact on the state and on local units of
government. Possession of a Schedule 2 controlled substance is a felony. Other activities
involving Schedule 2 controlled substances are felonies as well (e.g., manufacturing;
distributing; operating a motor vehicle, watercraft, or off-road vehicle while under the
influence of a Schedule 2 controlled substance and causing death or serious impairment of a
body function; etc.). New felony convictions would result in increased costs related to state
prisons and state probation supervision. In fiscal year 2022, the average cost of prison
incarceration in a state facility was roughly $47,900 per prisoner, a figure that includes various
fixed administrative and operational costs. State costs for parole and felony probation
supervision averaged about $5,000 per supervised offender in the same year. Those costs are
financed with state general fund/general purpose revenue. Any fiscal impact on the judiciary
and local court systems would depend on the extent to which court caseloads increased and the
related administrative costs. It is difficult to project the actual fiscal impact to courts due to
variables such as law enforcement practices, prosecutorial practices, judicial discretion, case
types, and complexity of cases. Any increase in penal fine revenue would increase funding for
public and county law libraries, which are the constitutionally designated recipients of those
revenues.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
5
https://www.nytimes.com/2023/01/07/health/fentanyl-xylazine-drug.html
6
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10370501/pdf/cureus-0015-00000040983.pdf
7
https://www.naag.org/wp-content/uploads/2023/05/AGs-Combating-Illicit-Xylazine.NAAG-ltrhead-FINAL-5-18-
2023.pdf
House Fiscal Agency HB 4913 as introduced Page 3 of 3


Statutes affected:
House Introduced Bill: 333.7214