Xylazine was classified as a Schedule III controlled substance under a temporary order issued by Delaware’s Department of State on June 2nd.
This was in response to the veterinary tranquilizer’s increasing use as an additive in drugs like fentanyl- a potentially deadly combination.
When used with an opioid, xylazine can potentially worsen respiratory depression in the event of a drug overdose. And because it is not an opioid, it cannot be reversed using Narcan. There is currently no known reversal agent for xylazine overdose.
SB189 makes the temporary classification order permanent - making it illegal to possess Xylazine without a controlled substance license.
Xylazine is authorized in the United States for veterinary use only, and is still not listed as a controlled substance on a federal level.
Delaware’s new classification makes it illegal to possess the veterinary tranquilizer without a controlled substance license - the first step in stemming the flow of the drug in Delaware.
SB 189 also makes it easier to distribute testing strips without penalty. It exempts testing strips from the state’s drug paraphernalia statute, and adds protections for those providing testing strips to drug users for harm reduction.
Dr. Sandra Gibney says this is a critical tool in harm reduction.
“If they're found with the strip, whether it be a fentanyl strip or a xylazine-fentanyl strip, this bill protects that person from being accused of holding onto paraphernalia,” explained Gibney. “It just gives us another opportunity to test on the street, in the field, and to know what's in the drugs. Because the folks that are using fentanyl do not want xylazine.”
Delaware is the first state to make and distribute xylazine-fentanyl testing strips.
“And that's key,” said Gibney. “Because we feel that both substances have their own sedative properties, they both have respiratory depression, they both have bad side effects for overdose and death. So it's important to know having both drugs in a substance is so much more lethal, so much more deadly, than having one or the other.”
The combined xylazine and fentanyl test strips were designed by a Delaware-based medical supply company with input from Gibney and Lt. Gov. Bethany Hall-Long.
The dual strips are more efficient and cost-effective. Both fentanyl and xylazine have been increasingly found in illicit substances, posing their own separate and combined threats to users.
But Governor John Carney says despite being the first state to use the dual strips, he wouldn’t consider Delaware to be setting the example for addressing the overdose crisis.
“We have a higher overdose rate than other states. Part of that could be that we're small, and the way we count. But really, you know, one is too many,” explained Carney. “All you need to do is talk to the parents and family members of those who have lost a loved one to an overdose and you’ll understand how important this work is. So [these measures] are just another tool in the toolbox to fight this. If it helps other states think about doing the same things, well all the better.”
There have been 310 suspected overdose deaths this year, with 51 occuring in July- a 50% increase from June.
SB189 becomes effective upon the expiration of the temporary order issued by the Secretary of State, or November 29, 2023, whichever is earlier.
