I
119THCONGRESS
1
STSESSION H. R. 1266
To prohibit certain uses of xylazine, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY12, 2025
Mr. P
ANETTA(for himself, Mr. PFLUGER, Mr. BILIRAKIS, Mr. PAPPAS, Mr.
F
ITZGERALD, Ms. ROSS, Mr. CRENSHAW, Mr. HARDERof California, Ms.
D
ELBENE, Mrs. MILLER-MEEKS, Ms. PETTERSEN, Ms. CLARKEof New
York, Mr. D
ELUZIO, Mr. MAGAZINER, Mr. BACON, Mr. OBERNOLTE, Mr.
C
OSTA, Mr. BALDERSON, Ms. BARRAGA´N, Mr. CISCOMANI, Mr. CAREY,
Mrs. B
ICE, Ms. CRAIG, Mr. NORCROSS, Mr. FONG, Ms. TENNEY, Mr.
F
ITZPATRICK, Mr. BURCHETT, Ms. DEANof Pennsylvania, Mr. COHEN,
Mr. D
AVISof North Carolina, Mr. CORREA, Mr. WEBSTERof Florida,
Mr. C
OLLINS, Mr. SUOZZI, and Mrs. HARSHBARGER) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To prohibit certain uses of xylazine, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This title may be cited as the ‘‘Combating Illicit 4
Xylazine Act’’. 5
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SEC. 2. DEFINITIONS. 1
(a) I
NGENERAL.—In this title, the term ‘‘xylazine’’ 2
has the meaning given the term in paragraph (60) of sec-3
tion 102 of the Controlled Substances Act, as added by 4
subsection (b) of this section. 5
(b) C
ONTROLLEDSUBSTANCESACT.—Section 102 of 6
the Controlled Substances Act (21 U.S.C. 802) is amend-7
ed by adding at the end the following: 8
‘‘(60) The term ‘xylazine’ means the substance 9
xylazine, including its salts, isomers, and salts of isomers 10
whenever the existence of such salts, isomers, and salts 11
of isomers is possible.’’. 12
SEC. 3. ADDING XYLAZINE TO SCHEDULE III. 13
Schedule III of section 202(c) of the Controlled Sub-14
stances Act (21 U.S.C. 812) is amended by adding at the 15
end the following: 16
‘‘(f) Unless specifically excepted or unless listed in 17
another schedule, any material, compound, mixture, or 18
preparation which contains any quantity of xylazine.’’. 19
SEC. 4. AMENDMENTS. 20
(a) A
MENDMENT.—Section 102 of the Controlled 21
Substances Act (21 U.S.C. 802) is amended by striking 22
paragraph (27) and inserting the following: 23
‘‘(27)(A) Except as provided in subparagraph (B), 24
the term ‘ultimate user’ means a person who has lawfully 25
obtained, and who possesses, a controlled substance for 26
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the use by the person or for the use of a member of the 1
household of the person or for an animal owned by the 2
person or by a member of the household of the person. 3
‘‘(B)(i) In the case of xylazine, other than for a drug 4
product approved under subsection (b) or (j) of section 5
505 of the Federal Food, Drug, and Cosmetic Act (21 6
U.S.C. 355), the term ‘ultimate user’ means a person— 7
‘‘(I) to whom xylazine was dispensed by— 8
‘‘(aa) a veterinarian registered under this 9
Act; or 10
‘‘(bb) a pharmacy registered under this 11
Act pursuant to a prescription of a veterinarian 12
registered under this Act; and 13
‘‘(II) who possesses xylazine for— 14
‘‘(aa) an animal owned by the person or by 15
a member of the household of the person; 16
‘‘(bb) an animal under the care of the per-17
son; 18
‘‘(cc) use in government animal-control 19
programs authorized under applicable Federal, 20
State, Tribal, or local law; or 21
‘‘(dd) use in wildlife programs authorized 22
under applicable Federal, State, Tribal, or local 23
law. 24
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‘‘(ii) In this subparagraph, the term ‘person’ in-1
cludes— 2
‘‘(I) a government agency or business where 3
animals are located; and 4
‘‘(II) an employee or agent of an agency or 5
business acting within the scope of their employment 6
or agency.’’. 7
(b) F
ACILITIES.—An entity that manufactures 8
xylazine, as of the date of enactment of this Act, shall 9
not be required to make capital expenditures necessary to 10
install the security standard required of schedule III of 11
the Controlled Substances Act (21 U.S.C. 801 et seq.) for 12
the purposes of manufacturing xylazine. 13
(c) L
ABELING.—The requirements related to label-14
ing, packaging, and distribution logistics of a controlled 15
substance in schedule III of section 202(c) of the Con-16
trolled Substances Act (21 U.S.C. 812(c)) shall not take 17
effect for xylazine until the date that is 1 year after the 18
date of enactment of this Act. 19
(d) P
RACTITIONERREGISTRATION.—The require-20
ments related to practitioner registration, inventory, and 21
recordkeeping of a controlled substance in schedule III of 22
section 202(c) of the Controlled Substances Act (21 23
U.S.C. 812(c)) shall not take effect for xylazine until the 24
date that is 60 days after the date of enactment of this 25
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Act. A practitioner that has applied for registration during 1
the 60-day period beginning on the date of enactment of 2
this Act may continue their lawful activities until such ap-3
plication is approved or denied. 4
(e) M
ANUFACTURER TRANSITION.—The Food and 5
Drug Administration and the Drug Enforcement Adminis-6
tration shall facilitate and expedite the relevant manufac-7
turer submissions or applications required by the place-8
ment of xylazine on schedule III of section 202(c) of the 9
Controlled Substances Act (21 U.S.C. 812(c)). 10
(f) C
LARIFICATION.—Nothing in this title, or the 11
amendments made by this title, shall be construed to re-12
quire the registration of an ultimate user of xylazine under 13
the Controlled Substances Act (21 U.S.C. 801 et seq.) in 14
order to possess xylazine in accordance with subparagraph 15
(B) of section 102(27) of that Act (21 U.S.C. 802(27)), 16
as added by subsection (a) of this section. 17
SEC. 5. ARCOS TRACKING. 18
Section 307(i) of the Controlled Substances Act (21 19
U.S.C. 827(i)) is amended— 20
(1) in the matter preceding paragraph (1)— 21
(A) by inserting ‘‘or xylazine’’ after 22
‘‘gamma hydroxybutyric acid’’; 23
(B) by inserting ‘‘or 512’’ after ‘‘section 24
505’’; and 25
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(C) by inserting ‘‘respectively,’’ after ‘‘the 1
Federal Food, Drug, and Cosmetic Act,’’; and 2
(2) in paragraph (6), by inserting ‘‘or xylazine’’ 3
after ‘‘gamma hydroxybutyric acid’’. 4
SEC. 6. SENTENCING COMMISSION. 5
Pursuant to its authority under section 994(p) of title 6
28, United States Code, the United States Sentencing 7
Commission shall review and, if appropriate, amend its 8
sentencing guidelines, policy statements, and official com-9
mentary applicable to persons convicted of an offense 10
under section 401 of the Controlled Substances Act (21 11
U.S.C. 841) or section 1010 of the Controlled Substances 12
Import and Export Act (21 U.S.C. 960) to provide appro-13
priate penalties for offenses involving xylazine that are 14
consistent with the amendments made by this title. In car-15
rying out this section, the Commission should consider the 16
common forms of xylazine as well as its use alongside 17
other scheduled substances. 18
SEC. 7. REPORT TO CONGRESS ON XYLAZINE. 19
(a) I
NITIALREPORT.—Not later than 18 months 20
after the date of the enactment of this Act, the Attorney 21
General, acting through the Administrator of the Drug 22
Enforcement Administration and in coordination with the 23
Commissioner of Food and Drugs, shall submit to Con-24
gress a report on the prevalence of illicit use of xylazine 25
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in the United States and the impacts of such use, includ-1
ing— 2
(1) where the drug is being diverted; 3
(2) where the drug is originating; and 4
(3) whether any analogues to xylazine, or re-5
lated or derivative substances, exist and present a 6
substantial risk of abuse. 7
(b) A
DDITIONALREPORT.—Not later than 4 years 8
after the date of the enactment of this Act, the Attorney 9
General, acting through the Administrator of the Drug 10
Enforcement Administration and in coordination with the 11
Commissioner of Food and Drugs, shall submit to Con-12
gress a report updating Congress on the prevalence and 13
proliferation of xylazine trafficking and misuse in the 14
United States. 15
Æ
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