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

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

---

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-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         7763--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 17, 2023
                                       ___________

        Introduced  by  Sens.  MURRAY,  ASHBY,  BORRELLO, CANZONERI-FITZPATRICK,
          GALLIVAN, HELMING, MARTINS, MATTERA, PALUMBO, RHOADS, TEDISCO,  WEBER,
          WEIK -- read twice and ordered printed, and when printed to be commit-
          ted  to  the  Committee  on  Rules  -- recommitted to the Committee on
          Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  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- (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. 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
    17  human  consumption  or for any purpose other than injection to cattle or
    18  nonhuman species shall be subject to the same penalties as any  individ-
    19  ual or practitioner who violates the provisions of this section, section
    20  3304 of this title, or any other penalties prescribed by law.
    21    §  3.  This  act shall take effect on the thirtieth day after it shall
    22  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13520-03-4