Bill Text: NY A08130 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 22-0)

Status: (Introduced) 2024-01-03 - referred to health [A08130 Detail]

Download: New_York-2023-A08130-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8130

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred 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.
                                                                   LBD13324-01-3
        A. 8130                             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.