BILL NUMBER: S7668

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of xylazine above a certain weight

 
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 50 grams
or more 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 50 grams
or more 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 of 50 grams or more of xylazine.

*Section 5: Establishes civil penalties for violations, with fines of up
to $3,000 for a first offense and $6,500 for each subsequent violation.
Directs all funds collected from penalties to 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 currently experiencing an opioid epidemic that has
been worsened by the introduction of dangerous additives such as xyla-
zine into the illicit drug supply. Traditional mitigation strategies-
such as drug scheduling or the criminalization of low-level drug users-
have proven ineffective. Xylazine, a tranquilizer intended strictly for
veterinary use, is increasingly found in street drugs, especially those
mixed with synthetic opioids like fentanyl.

This combination is particularly dangerous because xylazine does not
respond to naloxone, the standard opioid overdose reversal agent.

Xylazine causes severe complications in humans, including respiratory
depression and extreme skin ulcers that lead to tissue decay, bacterial
infections, and even amputation. According to the Centers for Disease
Control and Prevention (CDC), the presence of xylazine in drug-poisoning
deaths rose by 1,238% from 2018 to 2021. In 2023, xylazine was found in
over 25% of drug samples tested in New York City, though experts believe
the actual prevalence is higher.

Rather than relying on punitive or regressive approaches, this bill
regulates the supply side of the problem by targeting large-scale sales
of xylazine-specifically quantities of 50 grams or more-and requiring
that such sales be documented and restricted to appropriate uses. Civil
penalties are imposed on violators, and these fines are directed into a
fund that supports treatment, public education, and harm reduction
services.

In drafting this bill, care was taken to protect legitimate veterinary
and scientific use of xylazine. The bill is a balanced and proactive
step to prevent this dangerous substance from worsening the opioid
crisis, while ensuring resources are available to support those affected
by substance misuse.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.