Bill Text: NY S07763 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2024-06-28 - PRINT NUMBER 7763B [S07763 Detail]

Download: New_York-2023-S07763-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7763

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 17, 2023
                                       ___________

        Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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- (3, 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 solely for such  use.  Any  individual  who
    15  knowingly  and  willfully  administers  to  themself  or another person,
    16  prescribes, dispenses or  distributes  such  substances  when  any  such
    17  substance  is  intended  for  human consumption or for any purpose other
    18  than injection to cattle or nonhuman species shall  be  subject  to  the
    19  same  penalties  as  any  individual  or  practitioner  who violates the
    20  provisions of this section, section 3304 of this  title,  or  any  other
    21  penalties prescribed by law.
    22    §  3.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13520-02-3