Amends TCA Title 39 and Title 40.

Under present law, it is an offense for a defendant to knowingly: <br /> <br /> (1) Manufacture a controlled substance;<br /> <br /> (2) Deliver a controlled substance;<br /> <br /> (3) Sell a controlled substance; or <br /> <br /> (4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance. <br /> <br /> A violation with respect to any other Schedule II controlled substance, including cocaine, methamphetamine, or fentanyl, in an amount less than 0.5 grams, is a Class C felony and, in addition, may not be fined more than $100,000; provided, that if the offense involves less than 0.5 grams of a controlled substance containing cocaine or methamphetamine but the defendant carried or employed a deadly weapon as defined by law, during commission of the offense or the offense resulted in death or bodily injury to another person, the offense is a Class B felony.<br /> <br /> This bill adds that a violation with respect to fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue is a Class B felony if the amount involved is 0.5 grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue and, in addition, may be fined not more than $100,000. Fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue in amount less than 0.5 grams, is a Class C felony and, in addition, may be fined not more than $100,000; provided, that if the offense involves less than 0.5 grams of a controlled substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue, and the defendant carried or employed a deadly weapon during the commission of an offense or the offense resulted in death or bodily injury then the offense is a Class B felony.<br /> <br /> ON APRIL 21, 2023, THE HOUSE ADOPTED AMENDMENT # 2 AND PASSED HOUSE BILL 1242, AS AMENDED.<br /> <br /> AMENDMENT #2 rewrites this bill to enact the Drug of the Living Dead Act, which adds to the list of Schedule III drugs Xylazine and any salt, sulfate, isomer, homologue, analog, or other preparation of xylazine, and any salt, sulfate, isomer, compound, derivative, precursor, homologue, analog, or other preparation thereof that is substantially chemically equivalent or identical with xylazine.<br /> <br /> ON APRIL 21, 2023, THE SENATE SUBSTITUTED HOUSE BILL 1242 FOR SENATE BILL 1398, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1242, AS AMENDED.<br /> <br /> AMENDMENT #2 removes the short title and removes designation in this bill of xylazine and related equivalents as controlled substances in Schedule III and, instead, creates a Class A misdemeanor to knowingly possess xylazine and related equivalents, a Class C felony to knowingly manufacture, deliver, or sell xylazine and related equivalents, a Class C felony to knowingly possess xylazine with intent to manufacture, deliver, or sell xylazine and related equivalents. This amendment provides that it is not an offense:<br /> <br /> (1) To possess, manufacture, deliver, or sell xylazine and related equivalents in the course of legitimate veterinary practice; and<br /> <br /> (2) To possess xylazine and related equivalents pursuant to a valid prescription from a licensed veterinarian.<br />