BILL NUMBER: S2383
SPONSOR: MATTERA
 
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 contain-
ing a narcotic drug or adulterant depressant and the preparations,
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 contain-
ing a narcotic drug or adulterant depressant and the preparations,
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 contain-
ing a narcotic drug or adulterant depressant and said preparations,
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.Subdivision1 of section 220.09 of the penal law, as amended by
chapter75of thelaws of 1995,is amended to read as follows:
1. 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-
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:
S7753 2024 Referred to Health
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S2383: 3306 public health law, 220.00 penal law, 220.00(12) penal law, 220.43 penal law, 220.43(1) penal law, 220.41 penal law, 220.41(1) penal law, 220.39 penal law, 220.39(1) penal law, 220.21 penal law, 220.21(1) penal law, 220.18 penal law, 220.18(1) penal law, 220.09 penal law, 220.09(1) penal law