Sec. 203. Combating illicit xylazine
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/bill/118/hr/4531/rfs/section-203·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term xylazine has the meaning given the term in paragraph
(60)of section 102 of the Controlled Substances Act, as added by paragraph (2). Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended— by redesignating the second paragraph
(57)(relating to serious drug felony) and paragraph
(58)as paragraphs
(58)and (59), respectively; by moving the margin of paragraph
(57)2 ems to the left; by moving the margins of paragraphs
(58)and (59), as redesignated, 2 ems to the left; and by adding at the end the following: The term xylazine means the substance xylazine as well as its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible. Except as provided in subparagraph (E), such term does not include a substance described in subparagraph
(A)to the extent— such substance is an animal drug that has been approved by the Secretary of Health and Human Services under section 512 of the Federal Food, Drug, and Cosmetic Act and such substance’s use or intended use conforms to the approved application, including the manufacturing, importation, holding, or distribution for such use; or such substance is used or intended for use in animals other than humans as permitted under section 512(a)(4) of the Federal Food, Drug, and Cosmetic Act. If any person prescribes, dispenses, distributes, manufactures, or imports xylazine for human use, such person shall be considered to have prescribed, dispensed, distributed, manufactured, or imported xylazine not subject to an exclusion under subparagraph (B). . Schedule III in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end the following: Xylazine. . Section 307(i) of the Controlled Substances Act ( 21 U.S.C. 827(i) ) is amended— in the matter preceding paragraph (1)— by inserting or xylazine after gamma hydroxybutyric acid ; by inserting or 512 after section 505 ; and by inserting respectively, after the Federal Food, Drug, and Cosmetic Act, ; and in paragraph (6), by inserting or xylazine after gamma hydroxybutyric acid . Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, shall submit to Congress a report on the prevalence of illicit use of xylazine in the United States and the impacts of such use, including— where the drug is being diverted; where the drug is originating; whether any analogues to such drug present a substantial risk of abuse; whether and to what extent the illicit supply of xylazine derives from the licit supply chain; and recommendations for Congress with respect to whether xylazine should be transferred to another schedule under section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ). Not later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, shall submit to Congress a report updating Congress on the prevalence of xylazine trafficking, misuse, and proliferation in the United States, including— the status and results of research on the impact xylazine has on human health; and the effects of the classification of xylazine under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) on the prevalence of xylazine trafficking, misuse, and proliferation in the United States. The Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, may secure directly from any department or agency of the United States documents, statistical data, and other information necessary to carry out paragraphs
(1)and (2). Upon receipt of a request from the Attorney General for such documents, data, and information, the head of the department or agency shall, in accordance with applicable procedures for the appropriate handling of classified information, promptly provide reasonable access to such documents, data, and information. In developing the reports under paragraphs
(1)and (2), the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, shall consult with, and take into consideration the views of, experts from appropriate non-Federal entities, including such experts from— the scientific and medical research community; the State and local law enforcement community; and community-based organizations.
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