A5448

An Act concerning xylazine and amending P.L.1970, c.226.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 7 of P.L.1970, c.226 (C.24:21-7) is amended to read as follows:

7. Schedule III.

a. Tests. The director shall place a substance in Schedule III if he finds that the substance: (1) has a potential for abuse less than the substances listed in Schedules I and II; (2) has currently accepted medical use in treatment in the United States; and (3) abuse may lead to moderate or low physical dependence or high psychological dependence.

b. The controlled dangerous substances listed in this section are included in Schedule III, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any other schedule.

c. Any material, compound, mixture, or preparation which contains any quantity of the following substances associated with a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.

(2) Phenmetrazine and its salts.

(3) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers.

(4) Methylphenidate.

d. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules

(2) Chlorhexadol

(3) Glutethimide

(4) Lysergic acid

(5) Lysergic acid amide

(6) Methyprylon

(7) Phencyclidine

(8) Sulfondiethylmethane

(9) Sulfonethylmethane

(10) Sulfonmethane

(11) Ketamine hydrochloride

(12) Except when acquired, prescribed, administered, or dispensed by a veterinarian in the course of the professional practice of veterinary medicine, any of the following substances, including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, or salts of isomers is possible with the specific chemical designation: xylazine; xylazine-M (2,6Mich dimethylaniline); xylazine-M (N-thiourea-2,6-dimethylaniline); xylazine-M (sulfone-HO-) isomer 2; xylazine-M (HO-2,6-dimethylaniline isomer 1); xylazine-M (HO-2,6-dimethylaniline isomer 2); xylazine-M (oxo-); xylazine-M (HO-) isomer 1; xylazine-M (HO-) isomer1 glucuronide; xylazine-M (HO-) isomer 2; xylazine-M (HO-) isomer 2 glucuronide; xylazine-M (HO-oxo-) isomer 1; xylazine-M (HO-oxo-) isomer 1 glucuronide; xylazine-M (HO-oxo-) isomer 2; xylazine-M (HO-oxo-) isomer 2 glucuronide; xylazine-M (sulfone); xylazine-M (sulfone-HO-) isomer 1; and any compound, mixture, or preparation that contains any quantity of any of the substances listed in this paragraph.

e. Nalorphine.

f. Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(1) Not more than 1.80 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.

(2) Not more than 1.80 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(3) Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with a four-fold or greater quantity of an isoquinoline alkaloid of opium.

(4) Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(5) Not more than 1.80 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(6) Not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(7) Not more than 500 milligrams of opium or any of its salts per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(8) Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

g. The director may by regulation except any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections c. and d. of this schedule from the application of all or any part of this act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system; provided, that such admixtures shall be included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a stimulant or depressant effect on the central nervous system.

(cf: P.L.2007, c.244, s.5)

2. (New section) The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall promulgate rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this act.

3. This act shall take effect immediately.

STATEMENT

This bill classifies xylazine as a Schedule III controlled dangerous substance (CDS), except when it is acquired, prescribed, administered, or dispensed by a veterinarian in the course of the professional practice of veterinary medicine.

Drugs listed as Schedule III CDS that do not otherwise carry a specific criminal penalty are subject to certain standard criminal penalties related to the illegal manufacturing, distribution, dispensing, possession, and use of the drug.

Accordingly, a person convicted of the illegal manufacture, distribution, dispensing, possession, use, or being under the influence of xylazine would be guilty of a crime of the third degree, which is punishable by imprisonment for three to five years, as well as a fine of up to $25,000 in the case of manufacturing, distribution, and dispensing offenses, and a fine of up to $35,000 for possession, use, or intoxication offenses. Certain enhanced penalties would apply for offenses committed within 1,000 feet of school property, for offenses committed within 500 feet of certain public spaces, and for distributing xylaxine to a person under 18 years of age or who is pregnant.

Xylazine, which is also known by the street names “tranq,” “tranq dope,” and “zombie drug,” has been approved for use as an animal sedative and is commonly used in veterinary practice, but has not been approved for use in humans. However, it has been reported that xylazine has been increasingly detected in illegal street drugs, and particularly in opioid drugs, as it can enhance and prolong the euphoric effects of opioids. However, xylazine is not itself an opioid, and it does not respond to opioid antidotes like naloxone. Accordingly, a person who consumes an opioid drug that includes xylazine may die of an overdose notwithstanding the prompt administration of an opioid antidote. Furthermore, xylazine is highly addictive, results in severe withdrawal symptoms, and can cause severe skin ulcers and abscesses. Although some drug users seek out xylazine for its effects in enhancing opioid intoxication, others may not be aware they are consuming it or that they are at enhanced risk of overdose and other drug-related injuries.

It is the sponsor’s belief that listing xylazine as a Schedule III CDS, except when it is being used in the course of practicing veterinary medicine, will help protect the lives of New Jersey citizens and prevent unnecessary deaths.