H.R.1266 - Combating Illicit Xylazine Act (119th Congress)
Summary
H.R.1266, the "Combating Illicit Xylazine Act," aims to curb the misuse of xylazine by classifying it as a Schedule III controlled substance under the Controlled Substances Act. This bill introduces definitions for xylazine and ultimate users, particularly concerning veterinary and animal control applications. It also mandates reports to Congress on xylazine's illicit use and directs the Sentencing Commission to review penalties for offenses involving xylazine.
Expected Effects
The bill's enactment would lead to stricter controls on xylazine distribution and use, potentially reducing its availability for illicit purposes. It will also require manufacturers to comply with specific regulations, while providing transition periods for labeling, packaging, and practitioner registration. The reports to Congress will provide data to inform future policy decisions regarding xylazine.
Potential Benefits
- Reduced availability of xylazine for illicit drug use, potentially decreasing overdoses and related health issues.
- Enhanced tracking and monitoring of xylazine distribution through ARCOS.
- Clearer guidelines for legitimate use of xylazine in veterinary and animal control settings.
- Increased awareness and data collection on xylazine's prevalence and impact through mandated reports to Congress.
- Facilitated collaboration between the FDA and DEA to manage manufacturer submissions.
Potential Disadvantages
- Potential increased costs for manufacturers to comply with Schedule III regulations, although the bill attempts to mitigate this with transition periods.
- Possible limitations on access to xylazine for legitimate veterinary and animal control purposes, requiring careful management.
- The one-year delay for labeling and packaging requirements could prolong the period of potential misuse.
- The 60-day delay for practitioner registration could create a temporary gap in oversight.
- The bill's effectiveness depends on the DEA and FDA's ability to efficiently manage the transition and enforce the new regulations.
Constitutional Alignment
The bill aligns with the Constitution's Commerce Clause (Article I, Section 8), granting Congress the power to regulate interstate commerce, including the control of substances that may cross state lines. It also falls under Congress's power to provide for the general welfare (Preamble) by addressing a public health crisis related to drug misuse. The bill does not appear to infringe on individual liberties or rights protected by the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).