Combating Illicit Xylazine Act (S. 545)

Combating Illicit Xylazine Act

This bill regulates xylazine under the Controlled Substances Act (CSA).

Xylazine, also known as tranq, is a nonopioid sedative and pain reliever that is approved for use in animals. Recently, the Drug Enforcement Administration (DEA) has reported an increase in trafficking of fentanyl mixed with xylazine.

This bill adds xylazine, including its salts, isomers, and salts of isomers, to schedule III of the CSA. Schedule III controlled substances, including anabolic steroids, buprenorphine, and ketamine, have less potential for abuse than a schedule I or II substance, have a currently accepted medical use, and have low or moderate risk of dependence if abused.

Under the bill, manufacturing, distributing, or dispensing xylazine, or possessing with intent to manufacture, distribute, or dispense xylazine for illicit use is subject to criminal penalties under the CSA. The bill also requires xylazine transactions to be tracked in the drug reporting system maintained by the DEA.

The bill exempts from registration under the CSA persons and entities that possess xylazine (1) lawfully dispensed by a veterinarian or pharmacy and (2) for an animal or for use in certain animal-control or wildlife programs.

The bill also exempts xylazine manufacturers from the CSA's physical security requirements.

Finally, the bill requires the DEA, in coordination with the Department of Health and Human Services (HHS), to provide Congress with a report on how the agencies previously determined whether xylazine should be a controlled substance, including the full text of HHS's recommendations to the DEA for scheduling xylazine.