(a)No person shall dispense or sell xylazine except as provided in subsection (b) of this section.
(b)The following are permitted activities related to xylazine:
(1)dispensing or prescribing for, or administration to, a nonhuman species a drug containing xylazine approved by the Secretary of Health and Human Services pursuant to section 512 of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b; (2)dispensing or prescribing for, or administration to, a nonhuman species permissible pursuant to section 512(a)(4) of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b(a)(4); (3)manufacturing, distribution, or use of xylazine as an active pharmaceutical ingredient for manufacturing an animal drug approved under section 512 of the Federal Food, Drug
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(a) No person shall dispense or sell xylazine except as provided in subsection (b) of this section.
(b) The following are permitted activities related to xylazine:
(1) dispensing or prescribing for, or administration to, a nonhuman species a drug containing xylazine approved by the Secretary of Health and Human Services pursuant to section 512 of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b;
(2) dispensing or prescribing for, or administration to, a nonhuman species permissible pursuant to section 512(a)(4) of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b(a)(4);
(3) manufacturing, distribution, or use of xylazine as an active pharmaceutical ingredient for manufacturing an animal drug approved under section 512 of the Federal Food, Drug, and Cosmetic Act as provided in 21 U.S.C. § 360b or issued an investigation use exemption pursuant to section 512(j);
(4) manufacturing, distribution, or use of a xylazine bulk chemical for pharmaceutical compounding by licensed pharmacists or veterinarians; and
(5) any other use approved or permissible under the Federal Food, Drug, and Cosmetic Act.
(c) A person knowingly and unlawfully dispensing xylazine shall be imprisoned not more than three years or fined not more than $75,000.00, or both. A person knowingly and unlawfully selling xylazine shall be imprisoned not more than five years or fined not more than $100,000.00, or both.
(d) As used in this section, “knowingly” means:
(1) the defendant had actual knowledge that one or more preparations, compounds, mixtures, or substances contained xylazine; or
(2) the defendant:
(A) was aware that there is a high probability that one or more preparations, compounds, mixtures, or substances contained xylazine; and
(B) took deliberate actions to avoid learning that one or more preparations, compounds, mixtures, or substances contained xylazine. (Added 2023, No. 125 (Adj. Sess.), § 16, eff. July 1, 2024.)