Xylazine is a drug used in veterinary medicine to sedate cattle, horses and other animals. The federal government has not approved the use of xylazine to treat humans, but it has not classified the drug as a controlled substance either. This has created a situation where xylazine can be purchased legally for as little as $6 per kilogram. This worries harm reduction advocacy groups and public health experts because xylazine is often added to opioid drugs like fentanyl to enhance their psychoactive properties. The resulting substance is called “tranq,” and it has been linked to a surge in fatal overdoses around the country.
According to the Drug Enforcement Administration, controlled substances that had been adulterated with xylazine were first detected in Puerto Rico in the early 2000s. Since then, the use of xylazine to lower the cost and boost the psychoactive effects of illegal drugs has become common in all parts of the United States. When scientists from the University of North Carolina tested drugs collected by harm reduction and syringe replacement programs in 2024, they found xylazine in fentanyl samples from 15 states. The states where fentanyl samples were most likely to contain xylazine included New York and Pennsylvania.
Opioid overdoses have killed tens of thousands of Americans in recent years, but naloxone has saved many lives. The opioid antagonist binds to receptors in the human body to block the effects of drugs like fentanyl, heroin and oxycodone, but it does not work on xylazine. The ineffectiveness of naloxone is one of the reasons why xylazine has been linked to a surge in overdose fatalities. The Philadelphia Department of Public Health has reported that xylazine use was a factor in more than a third of the city’s 1,413 overdose deaths in 2022. In almost all of these overdose cases, xylazine was found in adulterated fentanyl. The people who use “tranq” often do not know that the drugs they take have been adulterated with xylazine, so they may not realize that naloxone will not revive them if they get into trouble.
Drugs adulterated with xylazine can be extremely dangerous even when used in moderation. The drug depresses the central nervous system and lowers the heart rate, which can cause tissue around xylazine injection sites to become necrotic. When this happens, amputation is often the only medical option. The federal government has yet to add xylazine to its schedule of controlled substances, but the White House Office of National Drug Control Policy announced a National Response Plan to address the threat the drug poses in July 2023. The plan focuses on improving testing and data collection practices, reducing supplies, funding treatment research, promoting evidence-based harm reduction policies and classifying xylazine as a controlled substance.
Lawmakers in Florida, Pennsylvania, West Virginia, South Dakota and Ohio have classified xylazine as a controlled substance, and bills dealing with the drug have been introduced in many other states. In South Carolina, legislation is pending that would make manufacturing or distributing xylazine for human use a felony punishable by up to 10 years in prison. Similar bills are making their way through state legislatures in New York, Virginia and Indiana.
Legislation addressing the dangers posed by xylazine is also being considered in New Jersey. Assembly Bill 5488, which was introduced in May 2023, would classify xylazine as a Schedule III controlled substance in the state. A Schedule III controlled substance is a drug that is highly addictive but has some legitimate medical uses. Possessing, using or being under the influence of a Schedule III controlled substance is a third-degree crime in New Jersey that carries a fine of up to $35,000.
Some advocacy groups believe that classifying xylazine as a controlled substance could do more harm than good. They say that strict laws and harsh penalties have created fear in the past and deterred drug users from seeking help. However, things are staring to change in the criminal justice system, and prosecutors that once favored punishment for drug offenses are now willing to consider rehabilitation and treatment. This is why you should speak to an experienced Morristown criminal defense lawyer if you or somebody you care about is facing narcotics charges.
The penalties for possessing and distributing controlled substances can be severe, but proving guilt beyond reasonable doubt is not always straightforward. Prosecutors are often willing to offer lenient sentences to offenders who plead guilty, and drug charges could be dismissed if police officers violated rights protected by the Fourth Amendment. Gregg Wisotsky has more than 25 years of criminal defense experience, and he advocates fiercely on behalf of his New Jersey clients. If you would like to schedule a consultation with a Morristown criminal defense lawyer, you can complete our online form or call our office at (973) 898-0161.