S 2383: Relates to the classification of the drug xylazine as a schedule I controlled substance, and to the criminal sale and possession of xylazine or preparations, compounds, mixtures or substances containing xylazine.

  
  STATE OF NEW YORK ________________________________________________________________________ 2383 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sen. MATTERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to the classification of the drug xylazine as a controlled substance; and to amend the penal law, in relation to the criminal sale and possession of xylazine or preparations, compounds, mixtures or substances containing xylazine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (e) of schedule I of section 3306 of the public 2 health law is amended by adding a new paragraph 7 to read as follows: 3 (7) Xylazine. 4 § 2. Subdivision 12 of section 220.00 of the penal law, as amended by 5 chapter 664 of the laws of 1985, is amended and a new subdivision 12-a 6 is added to read as follows: 7 12. "Dangerous depressant" means any controlled substance listed in 8 schedule I(e)(2), (3), (7), II(e), III(c)(3) or IV(c)(2), (31), (32), 9 (40). 10 12-a. "Adulterant depressant" means any controlled substance listed in 11 schedule I(e)(7) of section thirty-three hundred six of the public 12 health law. 13 § 3. Subdivision 1 of section 220.43 of the penal law, as amended by 14 chapter 75 of the laws of 1995, is amended to read as follows: 15 1. one or more preparations, compounds, mixtures or substances 16 containing a narcotic drug or adulterant depressant and the prepara- 17 tions, compounds, mixtures or substances are of an aggregate weight of 18 two ounces or more; or 19 § 4. Subdivision 1 of section 220.41 of the penal law, as amended by 20 chapter 75 of the laws of 1995, is amended to read as follows: 21 1. one or more preparations, compounds, mixtures or substances 22 containing a narcotic drug or adulterant depressant and the prepara- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06443-01-5 
 S. 2383 2 1 tions, compounds, mixtures or substances are of an aggregate weight of 2 one-half ounce or more; or 3 § 5. Subdivision 1 of section 220.39 of the penal law, as amended by 4 chapter 1051 of the laws of 1973, is amended to read as follows: 5 1. a narcotic drug or adulterant depressant; or 6 § 6. Subdivision 1 of section 220.21 of the penal law, as amended by 7 chapter 738 of the laws of 2004, is amended to read as follows: 8 1. one or more preparations, compounds, mixtures or substances 9 containing a narcotic drug or adulterant depressant and said prepara- 10 tions, compounds, mixtures or substances are of an aggregate weight of 11 eight ounces or more; or 12 § 7. Subdivision 1 of section 220.18 of the penal law, as amended by 13 chapter 738 of the laws of 2004, is amended to read as follows: 14 1. one or more preparations, compounds, mixtures or substances 15 containing a narcotic drug or adulterant depressant and said prepara- 16 tions, compounds, mixtures or substances are of an aggregate weight of 17 four ounces or more; or 18 § 8. Subdivisions 1 and 12 of section 220.16 of the penal law, as 19 amended by chapter 75 of the laws of 1995, are amended to read as 20 follows: 21 1. a narcotic drug or adulterant depressant with intent to sell it; or 22 12. one or more preparations, compounds, mixtures or substances 23 containing a narcotic drug or adulterant depressant and said prepara- 24 tions, compounds, mixtures or substances are of an aggregate weight of 25 one-half ounce or more; or 26 § 9. Subdivision 1 of section 220.09 of the penal law, as amended by 27 chapter 75 of the laws of 1995, is amended to read as follows: 28 1. one or more preparations, compounds, mixtures or substances 29 containing a narcotic drug or adulterant depressant and said prepara- 30 tions, compounds, mixtures or substances are of an aggregate weight of 31 one-eighth ounce or more; or 32 § 10. This act shall take effect immediately.