Bill Text: NY A08395 | 2023-2024 | General Assembly | Amended

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Bill Title: Adds xylazine to the depressants designated as controlled substances with the exception of use in cattle or other nonhuman species if approved by the federal food and drug administration.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-07-03 - print number 8395b [A08395 Detail]

Download: New_York-2023-A08395-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8395--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced  by  M.  of  A.  STERN,  THIELE,  LAVINE, JEAN-PIERRE, SIMON,
          K. BROWN, E. BROWN, DeSTEFANO, GANDOLFO,  BLUMENCRANZ,  CHANG,  DURSO,
          FLOOD,  McDONOUGH, BLANKENBUSH, GRAY, SLATER, BENDETT, LUNSFORD, McDO-
          NALD, COLTON, BUTTENSCHON, PHEFFER AMATO, JONES, CONRAD, FALL,  SANTA-
          BARBARA, WALLACE, STIRPE, WILLIAMS, RA, SILLITTI -- Multi-Sponsored by
          --  M.  of  A.  SHIMSKY  -- read once and referred to the Committee on
          Health -- recommitted to the Committee on Health  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the public health law, in relation to adding xylazine to
          the depressants designated as controlled substances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 3305 of the public health law is
     2  amended by adding a new paragraph (e) to read as follows:
     3    (e) to any individual who possesses, sells,  administers,  prescribes,
     4  or  distributes any substance containing xylazine expressly intended for
     5  administration through injections to cattle or  other  nonhuman  species
     6  and that are approved by the federal food and drug administration solely
     7  for such use.
     8    §  2.  Subdivision  (e)  of  schedule  I of section 3306 of the public
     9  health law is amended by adding a new paragraph 7 to read as follows:
    10    (7) Xylazine (N- (2, 6-dimethylphenyl) - 5, 6-dihydro-4H-1,3  thiazin-
    11  2-a-mine).  This  subdivision shall not include any substance containing
    12  xylazine expressly intended for  administration  through  injections  to
    13  cattle  or  other  nonhuman species and that are approved by the federal
    14  food and drug administration. Any individual who knowingly and willfully
    15  administers to themself or  another  person,  prescribes,  dispenses  or
    16  distributes  such  substances  when  any  such substance is intended for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13520-06-4
        A. 8395--B                          2

     1  human consumption or for any purpose other than injection to  cattle  or
     2  nonhuman  species shall be subject to the same penalties as any individ-
     3  ual or practitioner who violates the provisions of this section, section
     4  thirty-three  hundred  four  of  this  title,  or  any  other  penalties
     5  prescribed by law.
     6    § 3. This act shall take effect on the thirtieth day  after  it  shall
     7  have become a law.