Fabio
75 lines
6.3 KiB
Markdown
75 lines
6.3 KiB
Markdown
---
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type: "Bill"
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title: "AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT AND DRUG TESTING STRIPS."
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description: "This Act adds xylazine and it isomers, esters, ethers, salts and salts of isomers, esters and ethers to Schedule III of the Delaware Uniform Controlled Substances Act and expands the authorization for the distribution of testing strips to determine the presence of controlled substances. According to the United States Drug Enforcement Administration, the emergence of xylazine across the United States appears to be following the same path as fentanyl, starting in the Northeast and then spreading to the South and working its way into drug markets westward, and the low cost of xylazine contributes to xylazine’s increased presence in the nation’s illegal drug supply. Xylazine is approved only for veterinary use, xylazine is a non-opioid with increasing presence as an adulterant, often in conjunction with opioids, in the illicit drug supply. When used alone and in conjunction with other drugs, xylazine is implicated as a cause or contributing cause of death in the United States. When used in conjunction with an opioid, such as heroin or fentanyl, xylazine may worsen respiratory depression in the event of a drug overdose, and because xylazine is not an opioid, naloxone is not known to be effective at reversing overdoses, and there is no known antidote or reversal agent for xylazine overdose in humans. This Act also exempts testing strips from the drug paraphernalia statute and expands the limitations on liability for lay individuals and organizations that provide a drug testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm."
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jurisdiction: "us/states/de"
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legislature: "Delaware General Assembly"
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session: "152"
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identifier: "SB 189"
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citation: "Delaware SB 189 (152)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Brian Pettyjohn", "Bryan Townsend", "Bryant L. Richardson", "Laura V. Sturgeon", "Nicole Poore", "Russell Huxtable", "Spiros Mantzavinos", "Trey Paradee"]
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version_count: 2
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action_count: 9
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vote_count: 2
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first_action: "2023-06-16"
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last_action: "2023-08-17"
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source: "openstates"
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source_identifier: "ocd-bill/6cde1f08-03c3-473d-947b-b00a69e9bacc"
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source_url: "https://legis.delaware.gov/BillDetail?LegislationId=140658"
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source_hash: "89470048b09ad46d989986310dad6bf59cd2c6aae0f58387a5444e8b06f0f835"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-de"]
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---
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# Delaware SB 189 (152) — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT AND DRUG TESTING STRIPS.
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This Act adds xylazine and it isomers, esters, ethers, salts and salts of isomers, esters and ethers to Schedule III of the Delaware Uniform Controlled Substances Act and expands the authorization for the distribution of testing strips to determine the presence of controlled substances. According to the United States Drug Enforcement Administration, the emergence of xylazine across the United States appears to be following the same path as fentanyl, starting in the Northeast and then spreading to the South and working its way into drug markets westward, and the low cost of xylazine contributes to xylazine’s increased presence in the nation’s illegal drug supply. Xylazine is approved only for veterinary use, xylazine is a non-opioid with increasing presence as an adulterant, often in conjunction with opioids, in the illicit drug supply. When used alone and in conjunction with other drugs, xylazine is implicated as a cause or contributing cause of death in the United States. When used in conjunction with an opioid, such as heroin or fentanyl, xylazine may worsen respiratory depression in the event of a drug overdose, and because xylazine is not an opioid, naloxone is not known to be effective at reversing overdoses, and there is no known antidote or reversal agent for xylazine overdose in humans. This Act also exempts testing strips from the drug paraphernalia statute and expands the limitations on liability for lay individuals and organizations that provide a drug testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Bill Text** (committee substitute) — [source](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=140658&legislationTypeId=1&docTypeId=2&legislationName=SB189)
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2. **SA 1 to SB 189** (committee substitute) — [source](http://legis.delaware.gov/json/BillDetail/GeneratePdfDocument?legislationId=140699&legislationTypeId=5&docTypeId=2)
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## Votes
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- SM — **20–0** (pass) · upper
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- SM — **41–0** (pass) · lower
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## Sponsors
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- Brian Pettyjohn — primary (person)
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- Bryan Townsend — primary (person)
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- Bryant L. Richardson — primary (person)
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- Laura V. Sturgeon — primary (person)
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- Nicole Poore — primary (person)
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- Russell Huxtable — primary (person)
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- Spiros Mantzavinos — primary (person)
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- Trey Paradee — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2023-06-16** Introduced and Assigned to Health & Social Services Committee in Senate `introduction, referral-committee`
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- **2023-06-21** Reported Out of Committee (Health & Social Services) in Senate with 4 On Its Merits `committee-passage`
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- **2023-06-22** Amendment SA 1 to SB 189 - Introduced and Placed With Bill `amendment-introduction`
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- **2023-06-22** Amendment SA 1 to SB 189 - Passed By Senate. Votes: 20 YES 1 ABSENT `amendment-passage`
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- **2023-06-22** Passed By Senate. Votes: 20 YES 1 ABSENT `passage`
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- **2023-06-23** Assigned to Administration Committee in House `introduction, referral-committee`
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- **2023-06-29** Reported Out of Committee (Administration) in House with 3 On Its Merits `committee-passage`
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- **2023-06-30** Passed By House. Votes: 41 YES `passage`
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- **2023-08-17** Signed by Governor `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/6cde1f08-03c3-473d-947b-b00a69e9bacc`. Confidence: reported (aggregated from official Delaware legislature records).
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