I 

118TH CONGRESS 

1ST SESSION H. R. 1839 

To prohibit certain uses of xylazine, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2023 

Mr. PANETTA (for himself, Mr. PFLUGER, Mr. BILIRAKIS, Mr. BUCK, Mr. 

PAPPAS, Mr. BACON, Mr. LAMBORN, Mr. VASQUEZ, Mr. THOMPSON of 

California, and Ms. HOULAHAN) introduced the following bill; which was 

referred to the Committee on Energy and Commerce, and in addition to 

the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit certain uses of xylazine, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combating Illicit 

5 Xylazine Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Illicit xylazine presents an urgent threat to 

9 public health and safety. 


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1 (2) The proliferation of xylazine as an additive 

2 to illicit drugs such as fentanyl and other narcotics 

3 threatens to exacerbate the opioid public health 

4 emergency. 

5 (3) There is currently no drug approved by the 

6 Food and Drug Administration to reverse the effects 

7 of xylazine in humans. 

8 (4) The physical effects of use of xylazine in 

9 humans can include depressed breathing and heart 

10 rate, unconsciousness, and necrosis, sometimes lead11 ing to amputation or other permanent physical 

12 health consequences. 

13 (5) The spread of illicit xylazine use has fol14 lowed geographic patterns seen in the spread of rec15 reational fentanyl use, with proliferation beginning 

16 in the Northeastern United States and later spread17 ing south and west. 

18 (6) Prompt action to control illicit xylazine will 

19 help limit further proliferation of illicit xylazine, sav20 ing countless lives. 

21 SEC. 3. DEFINITIONS. 

22 (a) IN GENERAL.—In this Act, the term ‘‘xylazine’’ 

23 has the meaning given the term in paragraph (60) of sec24 tion 102 of the Controlled Substances Act, as added by 

25 subsection (b) of this section. 


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1 (b) CONTROLLED SUBSTANCES ACT.—Section 102 of 

2 the Controlled Substances Act (21 U.S.C. 802) is amend3 ed— 

4 (1) by redesignating the second paragraph (57) 

5 (relating to serious drug felony) and paragraph (58) 

6 as paragraphs (58) and (59), respectively; and 

7 (2) by adding at the end the following: 

8 ‘‘(60) The term ‘xylazine’ means any of the following 

9 substances, including their salts, isomers, and salts of iso10 mers whenever the existence of such salts, isomers, and 

11 salts of isomers is possible within the specific chemical 

12 designation: 

13 ‘‘(A) Xylazine. 

14 ‘‘(B) Xylazine-M (2,6Mich dimethylaniline). 

15 ‘‘(C) Xylazine-M (N-thiourea-2,6- 

16 dimethylaniline). 

17 ‘‘(D) Xylazine-M (sulfone-HO-) isomer 2. 

18 ‘‘(E) Xylazine-M (HO-2,6-dimethylaniline iso19 mer 1). 

20 ‘‘(F) Xylazine-M (HO-2,6-dimethylaniline iso21 mer 2). 

22 ‘‘(G) Xylazine M (oxo-). 

23 ‘‘(H) Xylazine-M (HO-) isomer 1. 

24 ‘‘(I) Xylazine-M (HO-) isomer 1 glucuronide. 

25 ‘‘(J) Xylazine-M (HO-) isomer 2. 


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1 ‘‘(K) Xylazine-M (HO-) isomer 2 glucuronide. 

2 ‘‘(L) Xylazine-M (HO-oxo-) isomer 1. 

3 ‘‘(M) Xylazine-M (HO-oxo-) isomer 1 glu4 curonide. 

5 ‘‘(N) Xylazine-M (HO-oxo-) isomer 2. 

6 ‘‘(O) Xylazine-M (HO-oxo-) isomer 2 glu7 curonide. 

8 ‘‘(P) Xylazine-M (sulfone). 

9 ‘‘(Q) Xylazine-M (sulfone-HO-) isomer 1. 

10 ‘‘(R) Any compound, mixture, or preparation 

11 which contains any quantity of any of the substances 

12 referred to in subparagraphs (A) through (Q).’’. 

13 SEC. 4. UNLAWFUL DISTRIBUTION AND PENALTIES RELAT14 ING TO XYLAZINE. 

15 (a) PROHIBITED ACTS A—PENALTIES.— 

16 (1) CONTROLLED SUBSTANCES ACT.—Section 

17 401 of the Controlled Substances Act (21 U.S.C. 

18 841) is amended— 

19 (A) in subsection (a)(1), by inserting ‘‘or 

20 xylazine for illicit uses under section 424’’ after 

21 ‘‘controlled substance’’; and 

22 (B) in subsection (b)(1)(E)(i), by inserting 

23 ‘‘or unlawful distribution of xylazine for illicit 

24 uses under section 424’’ after ‘‘schedule III’’. 


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1 (2) CONTROLLED SUBSTANCES IMPORT AND

2 EXPORT ACT.—Section 1010 of the Controlled Sub3 stances Import and Export Act (21 U.S.C. 960) is 

4 amended— 

5 (A) in subsection (a)— 

6 (i) in paragraph (1), by inserting ‘‘or 

7 xylazine for illicit uses under section 424’’ 

8 after ‘‘controlled substance’’; 

9 (ii) in paragraph (2), by inserting ‘‘or 

10 xylazine for illicit uses under section 424’’ 

11 after ‘‘controlled substance’’; and 

12 (iii) in paragraph (3), by inserting ‘‘or 

13 xylazine for illicit uses under section 424’’ 

14 after ‘‘controlled substance’’; and 

15 (B) in subsection (b)(5), by inserting ‘‘or 

16 the unlawful distribution of xylazine for illicit 

17 uses under section 424’’ after ‘‘schedule III’’. 

18 (b) ILLICIT USE AND DISTRIBUTION.—Part D of the 

19 Controlled Substances Act (21 U.S.C. 401 et seq.) is 

20 amended by adding at the end the following: 

21 ‘‘SEC. 424. ILLICIT USE AND DISTRIBUTION OF XYLAZINE. 

22 ‘‘(a) ILLICIT USE.—It is unlawful for any person to 

23 engage in any of the following illicit uses of xylazine: 

24 ‘‘(1) Any use in the human species. 

25 ‘‘(2) Any use that is not a licit use. 


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1 ‘‘(b) LICIT USE.—Licit use of xylazine means— 

2 ‘‘(1) any administration to nonhuman species— 

3 ‘‘(A) of a drug containing xylazine that has 

4 been approved by the Secretary of Health and 

5 Human Services under section 512 of the Fed6 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

7 360b); or 

8 ‘‘(B) that is permissible under section 

9 512(a)(4) of the Federal Food, Drug, and Cos10 metic Act (21 U.S.C. 360b(a)(4)); 

11 ‘‘(2) the manufacturing, importation, or use of 

12 xylazine as an active pharmaceutical ingredient for 

13 manufacturing an animal drug approved under sec14 tion 512 of the Federal Food, Drug, and Cosmetic 

15 Act (21 U.S.C. 360b) or issued an investigation use 

16 exemption under subsection (j) of such section 512; 

17 ‘‘(3) the manufacturing, importation, or use of 

18 a xylazine bulk chemical for pharmaceutical 

19 compounding by licensed pharmacists or veterinar20 ians; or 

21 ‘‘(4) another use approved or permissible under 

22 the Federal Food, Drug, and Cosmetic Act (21 

23 U.S.C. 301 et seq.).’’. 


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1 SEC. 5. ARCOS TRACKING. 

2 Section 307(i) of the Controlled Substances Act (21 

3 U.S.C. 827) is amended— 

4 (1) in the matter preceding paragraph (1)— 

5 (A) by inserting ‘‘or xylazine’’ after 

6 ‘‘gamma hydroxybutyric acid’’; 

7 (B) by inserting ‘‘or 512’’ after ‘‘section 

8 505’’; and 

9 (C) by inserting ‘‘respectively,’’ after ‘‘the 

10 Federal Food, Drug, and Cosmetic Act,’’; and 

11 (2) in paragraph (6), by inserting ‘‘or xylazine’’ 

12 after ‘‘gamma hydroxybutyric acid’’. 

13 SEC. 6. REPORT TO CONGRESS ON XYLAZINE. 

14 (a) INITIAL REPORT.—Not later than 1 year after 

15 the date of the enactment of this Act, the Attorney Gen16 eral, acting through the Administrator of the Drug En17 forcement Administration and in coordination with the 

18 Commissioner of Food and Drugs, shall submit to Con19 gress a report on the prevalence of illicit use of xylazine 

20 in the United States and the impacts of such use, includ21 ing— 

22 (1) where the drug is being diverted; 

23 (2) where the drug is originating; 

24 (3) whether any analogues to such drug present 

25 a substantial risk of abuse; 


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1 (4) whether and to what extent the illicit supply 

2 of xylazine derives from the licit supply chain; and 

3 (5) recommendations for Congress with respect 

4 to whether xylazine should be transferred to another 

5 schedule under part B of the Controlled Substances 

6 Act (21 U.S.C. 811 et seq.). 

7 (b) ADDITIONAL REPORT.—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 Con12 gress a report updating Congress on the prevalence of 

13 xylazine trafficking, misuse, and proliferation in the 

14 United States, including recommendations for Congress 

15 with respect to whether xylazine should be transferred to 

16 another schedule under part B of the Controlled Sub17 stances Act (21 U.S.C. 811 et seq.) or removed from 

18 schedule III of such part. 

19 (c) DEFINITION.—In this section, the term ‘‘illicit 

20 use’’ means any use described in section 424 of the Con21 trolled Substances Act, as added by section 3 of this Act. 

22 SEC. 7. DECLARATION OF EMERGING THREAT. 

23 Congress declares illicit xylazine use an emerging 

24 drug threat, as defined in section 702 of the Office of NaVerDate Sep 11 2014 04:02 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1839.IH H1839

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1 tional Drug Control Policy Reauthorization Act of 1998 

2 (21 U.S.C. 1701), in the United States. 

Æ 


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