§ 4233b.
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/vt/title-18/chapter-84/4233bA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 4233b. Xylazine
(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.)