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SB 1773

CONTROLLED SUB-FENTANYL

104th Regular Session Introduced by Neil Anderson and 52 co-sponsors

SB 1773 would schedule xylazine as a Schedule III drug and apply fentanyl-like weight-based Class X penalties to xylazine/analogs, with debated veterinary exemptions.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · SB 1773

Summary — SB 1773 (Controlled Sub‑Fentanyl) — 104th General Assembly

Status snapshot
- Introduced: Feb 28, 2025 (Sen. Julie A. Morrison).
- Passed Senate: 4/30/2025. Arrived in House 4/30/2025; multiple committee actions and amendments in House.
- Most recent action (as provided): House Floor Amendment No. 1 Rule 19(c) / Re‑referred to Rules Committee (June 1, 2025).
- Effective date stated in bill: January 1, 2026 (for enacted provisions).

Purpose and intent
- Update the Illinois Controlled Substances Act to add xylazine to the controlled‑substance framework and to align penalties and definitions for certain substances (including fentanyl and xylazine) with existing trafficking weight/penalty tiers. The bill also makes structural changes to the Act and adds or clarifies statutory definitions (including “isomer”).

Key substantive provisions
1. Scheduling and definitions
- Adds xylazine as a Schedule III (Class III) controlled substance (amendments reference 720 ILCS 570/102 and related sections). The bill also includes definitions and structural changes to the controlled‑substance lists (synopsis: “Adds xylazine as a Class III controlled substance. Defines ‘isomer’.”).

  1. Trafficking/penalty enhancements (amendment to 720 ILCS 570/401)

    • Inserts a new trafficking subsection specifically addressing fentanyl or xylazine (and analogs) with Class X felony sentencing tied to weight tiers:
      • 15 g or more but <100 g: 6–30 years
      • 100 g–<400 g: 9–40 years
      • 400 g–<900 g: 12–50 years
      • 900 g or more: 15–60 years
    • These penalty tiers parallel existing weight‑based penalties for heroin and other hard drugs.

  2. Veterinarian/animal‑use exemptions (Section 309.1 — proposed in several Senate amendments)

    • Senate Amendment 001 / 002: Creates Sec. 309.1 providing that the statutory prohibition on delivery/possession with intent to deliver xylazine does not apply to licensed veterinarians who lawfully prescribe, dispense, administer, acquire, or use xylazine in the course of professional practice, in good faith, and consistent with accepted medical standards.
    • Additional Senate amendments (003/004) expand or clarify exemptions so xylazine would not be considered a controlled substance when used in specific animal‑drug/FDA‑approved contexts (manufacture as active pharmaceutical ingredient for approved animal drugs), by certified euthanasia technicians, or by wildlife biologists under indirect veterinary supervision.
    • Note: House Floor Amendment No. 1 (filed May 28, 2025) removed the addition of Section 309.1; therefore the precise exemption language is unresolved and subject to House consideration.

Who would be affected
- Criminal law targets: persons manufacturing, delivering, or possessing with intent to deliver xylazine (and analogs) — liable to enhanced Class X felony penalties when weight thresholds are met.
- Veterinarians, certified euthanasia technicians, wildlife biologists, and animal‑drug manufacturers: potentially exempted from delivery/possession prohibitions under Senate amendments (but exemption language is contested in House amendments).
- Law enforcement, prosecutors, and courts: will apply new weight tiers and the scheduling of xylazine in investigations and prosecutions.
- Animal health and pharmaceutical sectors: impacted by schedule change and the carve‑outs/exemptions for legitimate veterinary/animal‑drug uses.

Procedural and timeline notes
- Several Senate committee amendments (SA 1–4) and three versions of a proposed Sec. 309.1 indicate active negotiation over veterinary/animal‑use exemptions.
- House Amendment 001 deleted the Section 309.1 addition, so final statutory text depends on ongoing House Rules/Committee action.
- If enacted as introduced/engrossed, the statutory changes are set to take effect January 1, 2026.

Bottom line
SB 1773 proposes to schedule xylazine as a controlled substance and to extend existing weight‑based, Class X felony penalties (modeled on fentanyl/heroin tiers) to substances containing fentanyl or xylazine. Senate amendments seek to protect legitimate veterinary, animal‑drug manufacturing, euthanasia, and wildlife uses via exemptions; the House has moved to remove those exemptions, so the final balance between criminal enforcement and veterinary/animal‑health exceptions remains to be resolved.

Compiled from official sources — confirm details with the bill’s official record.

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