Delaware Secretary of State Jeff Bullock issued an order on Friday temporarily classifying the non-opioid tranquilizer Xylazine as a controlled substance: a response to Xylazine's increasing use as an additive in drugs like fentanyl and methamphetamine.
There is no recent data on Xylazine in Delaware’s drug supply, but users and harm reduction workers attest that it is increasingly difficult to avoid, particularly for fentanyl users in New Castle and Kent Counties.
Last month, Delaware’s Controlled Substance Advisory Committee recommended restricting the distribution of Xylazine. At the time, the drug was not a controlled substance in Delaware; outside of its use as a cutting agent, Xylazine is commonly used by veterinarians to sedate large animals.
Bullock followed that recommendation on Friday, temporarily classifying Xylazine as a Schedule III controlled substance – a category that also includes ketamine and Tylenol with codeine.
The order restricts who can distribute or possess Xylazine, and its temporary status as a controlled substance also creates criminal penalties for possessing the drug.
But National Harm Reduction Coalition Advocacy Director Mary Sylla argues scheduling drugs does little to abate the public health risks of illicit drug use.
“If you schedule a substance, you’re saying it has addictive qualities and its medical use doesn’t justify its availability," she said. "It all is part of the criminalization of drugs, which has failed to reduce use, trafficking and overdose.”
Instead, Sylla says her organization urges states to prioritize public health services for drug users; in Delaware, the public health response to Xylazine has centered on offering wound care to users who develop skin ulcers associated with chronic use of the drug.
Bullock’s order does not address Controlled Substance Advisory Committee member Herb Von Goerres’ suggestion to offer amnesty to people without controlled substance licenses – particularly in Delaware’s horse racing communities – who currently have supplies of Xylazine.
“Is there a consideration for amnesty for these people?" he asked during the Committee's meeting in May to discuss scheduling Xylazine. "They probably shouldn’t have it anyway, but they’re now going to have something they could be arrested for."
The order classifying Xylazine as a controlled substance will only be in effect for 120 days, though Bullock can extend it for another 60 days. The General Assembly can also vote to make the restrictions permanent.