ENTITLED An Act to classify xylazine as a Schedule III controlled substance, establish permissible uses, and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 34-20B be amended with a NEW SECTION:

Any material, compound, mixture, or preparation that contains xylazine is a Schedule III controlled drug or substance, except in the following cases:

(1) Dispensing, prescribing, or administering, to an animal, a drug containing xylazine that has been approved by the United States secretary of health and human services under 21 U.S.C.   360b (January 1, 2024);

(2) Dispensing, prescribing, or administering xylazine to an animal that is permissible under 21 U.S.C.   360b(a)(4) (January 1, 2024);

(3) Manufacturing, distributing, or using xylazine as an active pharmaceutical ingredient for manufacturing an animal drug:

(a) Approved under 21 U.S.C.   360b (January 1, 2024); or

(b) Issued an investigation use exemption under 21 U.S.C.   360b(j) (January 1, 2024);

(4) Manufacturing, distributing, or using a xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian; or

(5) Any other use approved or permissible under 21 U.S.C.   301, et seq. (January 1, 2024).

Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

An Act to classify xylazine as a Schedule III controlled substance, establish permissible uses, and to declare an emergency.

I certify that the attached Act originated in the: House as Bill No. 1028 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1028 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2024 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2024 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2024 at _________ o'clock __M. Secretary of State By Asst. Secretary of State