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Rep. Panetta Leads Bipartisan Coalition Urging Action to Address Tackle Threat of Illicit Xylazine

December 4, 2024

Monterey, CA – United States Representative Jimmy Panetta (CA-19) led a bipartisan coalition of 42 members calling for urgent Congressional action on his bipartisan Combating Illicit Xylazine Act.   Rep. August Pfluger (TX-11) co-led the effort with Rep. Panetta.  The letter to Speaker of the House Mike Johnson and House Minority Leader Hakeem Jeffries emphasized the growing threat posed by xylazine-adulterated fentanyl to communities across the country, and the need for proactive action to save lives.  Rep. Panetta's Combating Illicit Xylazine Act previously passed the House with overwhelming bipartisan support.

Xylazine, also known as “tranq,” is an easily accessible veterinary tranquilizer that is being used as a low-cost cutting agent for fentanyl.  Since it is not an opioid, its effects cannot be reversed by naloxone. The White House Office of National Drug Control Policy has designated fentanyl combined with xylazine as an “emerging threat.” The Combating Illicit Xylazine Act would schedule this dangerous drug and give law enforcement the tools they need to go after traffickers while protecting access for veterinarians, farmers, cattlemen, and ranchers who use xylazine to treat large animals. 

The bill currently boasts 101 cosponsors in the House of Representatives and is endorsed by 39 state attorneys general, major law enforcement organizations, and veterinary organizations. Senators Catherine Cortez Masto, Chuck Grassley, and Maggie Hassan (D-NH) are leading companion legislation in the Senate. 

“Congress has the power to revise current statute to protect communities, preserve legitimate access to veterinary medicine and human medical research, and safeguard our critical livestock industry,” wrote the Members.  “As bipartisan cosponsors of the Combating Illicit Xylazine Act, we stand united in the need to address this urgent threat.  Illicit xylazine is too great a crisis to wait any longer, and we urge the inclusion of this updated bipartisan, bicameral version of the Combating Illicit Xylazine Act in end-of-year legislation.”

Joining Reps. Panetta and Pfluger are Reps. Don Bacon (NE-02), Nanette Barragán (CA-44), Gus Bilirakis (FL-12), Lori Chavez-DeRemer (OR-05), Steve Cohen (TN-09), Jim Costa (CA-21), Angie Craig (MN-02), Dan Crenshaw (TX-02), Sharice Davids (KS-03), Donald Davis (NC-01), Madeleine Dean (PA-04), Monica De La Cruz (TX-15), Christopher Deluzio (PA-17), Neal Dunn (FL-02), Brian Fitzpatrick (PA-01), Jenniffer González-Colón (PR-AL), Andy Harris (MD-01), Glenn Ivey (MD-04), Dusty Johnson (SD-AL), Ann Kuster (NH-02), Frank Lucas (OK-03), Kathy Manning (NC-06), Zachary Nunn (IA-03), Jay Obernolte (CA-23), Chris Pappas (NH-01), Greg Pence (IN-06), Brittany Pettersen (CO-07), Kim Schrier (WA-08), Christopher Smith (NJ-04), Eric Sorensen (IL-17), Darren Soto (FL-09), Abigail Spanberger (VA-07), Marilyn Strickland (WA-10), Eric Swalwell (CA-14), David Trone (MD-06), Gabe Vasquez (NM-02), Juan Ciscomani (AZ-06), Seth Magaziner (RI-02), Donald Norcross (NJ-01), and Randy Weber (TX-14).

Read the full letter here and below.

Dear Speaker Johnson and Minority Leader Jeffries,

As bipartisan cosponsors of H.R. 1839, the Combating Illicit Xylazine Act, we urgently request the inclusion of the attached bipartisan, bicameral updated version of this legislation in a legislative package before the end of the year. Since its introduction, H.R. 1839 and its Senate companion, S. 993, have undergone extensive technical assistance from the Department of Health and Human Services (HHS), Department of Justice (DOJ), and Drug Enforcement Administration (DEA). Unfortunately, during this time, illicit xylazine has only continued to increase. Due to its critical use in agriculture, xylazine can only be effectively scheduled through Congressional action. It is imperative that this legislation becomes law, in order to save lives, protect U.S. livestock and veterinary medicine, and safeguard our communities against the growing threat of illicit xylazine. 

The impact of xylazine on public health and safety cannot be overstated. Xylazine, a drug that has been sold for decades as a veterinary tranquilizer, has no legitimate use in humans and has never been listed under the Controlled Substances Act. As a result, xylazine became accessible to criminals who began using it as a low-cost cutting agent for fentanyl and other drugs. Since it is not an opioid, xylazine cannot be reversed by naloxone. It depresses breathing and heart rate, renders its users unresponsive, and often leads to skin lesions, necrosis, and amputations. Xylazine causes separate withdrawals from fentanyl, but its ubiquity in the drug supply makes it difficult for those with addictions to avoid.

In March 2023, DEA issued a Public Safety Alert for xylazine, with DEA Administrator Anne Milgram stating that “xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier.” In April 2023, the Office of National Drug Control Policy (ONDCP) designated xylazine-adulterated fentanyl as an emerging threat—the first such declaration since Congress granted the authority in 2018.

In response to increasing illicit xylazine usage, in March 2023, we introduced the bipartisan Combating Illicit Xylazine Act. Typically, the DEA and FDA could easily schedule a drug through rulemaking, requiring all distributors to register with the DEA. However, since xylazine is used by the livestock industry and other professionals sedating injured or dangerous animals, xylazine requires legislative action as many users are ineligible for DEA registration. The Combating Illicit Xylazine Act addresses this serious issue in a thoughtful and responsible manner by preserving access for necessary users and places tracking requirements for xylazine. 

Since then, the Combating Illicit Xylazine Act has received dozens of endorsements from law enforcement, veterinary, and animal health stakeholders. In fact, it has the endorsement of 39 bipartisan state attorneys general and is the inspiration for a series of state policies listing xylazine as a Schedule III drug under state drug laws. Moreover, versions of the legislation were marked up and passed by the House Energy and Commerce and Judiciary Committees as included in the House-passed SUPPORT Act reauthorization. It was then updated with DEA, DOJ, and HHS technical assistance to reach a bipartisan, bicameral agreement on this bill. 

Unfortunately, during this time, the threat of xylazine has rapidly increased. Xylazine was found in nearly one-third of all fentanyl powder the DEA seized in 2023 with a rate even higher in the mid-Atlantic. This finding was consistent with DEA predictions that the drug was spreading south and west. Powdered xylazine— purchased easily online, and often favored by drug traffickers—continues to enter the country through the mail with minimal oversight. As the federal government has not addressed the threat, a patchwork of regulations at the state level, while well-intended, risks driving legitimate xylazine producers out of the market due to legal uncertainty and jeopardizes research into testing and treatment. Without access to xylazine, the livestock industry has no reasonable substitute to sedate injured animals. Congress must act. 

Congress has the power to revise current statute to protect communities, preserve legitimate access to veterinary medicine and human medical research, and safeguard our critical livestock industry. As bipartisan cosponsors of the Combating Illicit Xylazine Act, we stand united in the need to address this urgent threat. Illicit xylazine is too great a crisis to wait any longer, and we urge the inclusion of this updated bipartisan, bicameral version of the Combating Illicit Xylazine Act in end-of-year legislation. 

Thank you for your leadership and consideration. Please do not hesitate to reach out with any questions. We look forward to working together to address this complex and urgent challenge.

Sincerely,

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