(a) A person who knowingly or intentionally possesses xylazine commits possession of xylazine, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.(b) A person who: (1) knowingly or intentionally: (B) finances the manufacture of;(D) finances the delivery of; xylazine; or
(2) possesses, with intent to: (B) finance the manufacture of;(D) finance the delivery of; xylazine;
commits dealing in xylazine, a Level 5 felony. However, the offense is a Level 4 felony if the person has a prior unrelated conviction under this section.
(c) This section does not apply to one (1) or more of the following:(1) A person who dispenses, prescribes, or administers a drug containing xylazine to a nonhuman species, if: (A) the drug has been approved by the Secretary of Health and Human Services under section 512 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or(B) the dispensing, prescription, or administration of the drug is permissible under section 512(a)(4) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(a)(4)).(2) A person who: (A) manufactures, distributes, or uses xylazine as an active pharmaceutical ingredient for manufacturing an animal drug approved under section 512 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b); or(B) has been issued an investigation use exemption for xylazine under section 512(j) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360b(j)).(3) A person who manufactures, distributes, or uses a xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian.(4) A person who uses xylazine for another purpose approved or permitted under the federal Food, Drug, and Cosmetic Act.(5) A person who: (A) possesses xylazine for the purpose of engaging in an activity permitted under this section; or(B) delivers or transports xylazine from a person described in subdivisions (1) through (5)(A) to another person described in subdivisions (1) through (5)(A).Added by P.L. 58-2024,SEC. 1, eff. 7/1/2024.