H.R. 1266 — Combating Illicit Xylazine Act

This section defines xylazine under the Controlled Substances Act as the substance xylazine, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible.

This section places xylazine in Schedule III of the Controlled Substances Act. Schedule III substances have a potential for abuse less than those in Schedules I and II, a currently accepted medical use in treatment in the United States, and abuse that may lead to moderate or low physical dependence or high psychological dependence.

This section revises the definition of ultimate user for xylazine to include persons who obtain it from a registered veterinarian or pharmacy for an animal they own or care for, or for use in authorized government animal-control or wildlife programs. It exempts existing xylazine manufacturers from schedule III security capital expenditures. It delays schedule III labeling, packaging, and distribution requirements for xylazine until one year after enactment and practitioner registration, inventory, and recordkeeping requirements until 60 days after enactment, with a grace period for pending applications. It directs the FDA and DEA to expedite related manufacturer submissions.

This section extends the exemption from ARCOS reporting and recordkeeping requirements for gamma hydroxybutyric acid to xylazine when the substance is prescribed or dispensed in approved drugs under section 505 or 512 of the Federal Food, Drug, and Cosmetic Act.

This section directs the United States Sentencing Commission to review and amend its sentencing guidelines for offenses under section 401 of the Controlled Substances Act or section 1010 of the Controlled Substances Import and Export Act to establish appropriate penalties for xylazine violations consistent with this Act. The Commission must consider common forms of xylazine and its use in combination with other scheduled substances.

This section directs the Attorney General, acting through the Drug Enforcement Administration and in coordination with the Food and Drug Administration, to submit a report to Congress within 18 months on the prevalence and impacts of illicit xylazine use in the United States, including diversion points, origins, and any analogues or derivatives that present a substantial risk of abuse. It also requires an update report within 4 years on xylazine trafficking and misuse.