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Florida’s SB 432 (Meg’s Law): New Felonies for Xylazine and Nitrous Oxide

Florida’s SB 432, chapter 2026-148, Laws of Florida, was approved on June 16, 2026. Xylazine has been a Schedule I controlled substance in Florida since 2016, and the act keeps it there. What the act adds is a first-degree felony with a 3-year mandatory minimum for xylazine disguised as a food product or carrying a trademark or cartoon imprint, a trafficking offense that starts at 28 grams, and an exception for FDA-approved xylazine animal drug products. Under the short title Meg’s Law, Section 2 of the act also makes it a third-degree felony for a licensed tobacco or nicotine dealer to possess or sell nitrous oxide on the licensed premises. The veterinary exception took effect July 1, 2026. The food-product felony, the trafficking offense, and Meg’s Law took effect October 1, 2026.

Xylazine

Xylazine is listed in Schedule I at Fla. Stat. § 893.03(1)(c)37. Section 3 of the act, effective July 1, 2026, excepts from that listing a xylazine animal drug product approved by the FDA when its use conforms to the approved application or is authorized under 21 U.S.C. § 360b(a)(4). The manufacture, importation, distribution, prescribing, or sale of xylazine for human use is not subject to the exception.

The penalties that already applied to xylazine under § 893.13 are unchanged:

  • Selling, manufacturing, or delivering xylazine, or possessing it with intent to do so, is a third-degree felony under § 893.13(1)(a)2.
  • Possessing xylazine is a third-degree felony under § 893.13(6)(a) except as chapter 893 authorizes. A third-degree felony carries up to five years in prison and a fine of up to $5,000.

The act adds two provisions, effective October 1, 2026:

  • Section 4 adds xylazine to § 893.13(1)(i), the paragraph that already covers fentanyl, carfentanil, alfentanil, sufentanil, and fentanyl derivatives. Selling, manufacturing, or delivering xylazine, or possessing it with intent to do so, is a first-degree felony with a 3-year mandatory minimum when the xylazine is in a form that resembles, or is mixed, granulated, absorbed, spray-dried, or aerosolized as or onto, coated on in whole or in part, or solubilized with or into, a product, and the product or its packaging has at least one of these attributes: trade dress resembling a branded, consumer, or logo food product; an actual or fake registered copyright, service mark, or trademark; a resemblance to candy, cereal, a gummy, a vitamin, or a chewable product such as a gum or gelatin-based product; or a cartoon character imprint. The paragraph also reaches analogs of xylazine and any mixture containing it.
  • Section 5 creates § 893.135(1)(c)7., trafficking in xylazine. Knowingly selling, purchasing, manufacturing, delivering, or bringing into Florida 28 grams or more of xylazine or any salt of it, or 28 grams or more of any mixture containing it, or knowingly having that amount in actual or constructive possession, is a first-degree felony.

Trafficking carries mandatory minimums and fines by weight: 28 grams to under 100 grams, 3 years and a $50,000 fine; 100 grams to under 200 grams, 7 years and a $100,000 fine; 200 grams or more, 25 years and a $500,000 fine. The weight counted is the weight of the mixture, not the xylazine alone, and a first-degree felony carries up to 30 years in prison under § 775.082, so the minimums set the floor.

Nitrous Oxide and Meg’s Law

Section 2 of the act, which carries the short title Meg’s Law, creates § 569.216. It makes it unlawful for a dealer licensed or permitted under chapter 569, or the dealer’s agent or employee, to possess, sell, possess with intent to sell, deliver, or give nitrous oxide on or from the dealer’s licensed premises, directly or indirectly. A violation is a felony of the third degree, punishable under §§ 775.082, 775.083, and 775.084, which means up to five years in prison and a fine of up to $5,000. The offense has no quantity threshold and no intoxication element.

The section does not apply to a grocery store or supermarket licensed or permitted by the Department of Agriculture and Consumer Services, but it applies to a convenience business as defined in § 812.171. It does not bar a finished food product in which nitrous oxide is used solely as a propellant. The Department of Business and Professional Regulation must adopt rules to prevent the use of nitrous oxide to induce intoxication, and those rules may address products containing nitrous oxide and finished food products that use it as a propellant.

Meg’s Law reaches dealers and their agents and employees. A customer who buys or inhales nitrous oxide is covered by § 877.111, which the act did not change: inhaling nitrous oxide, or possessing it with intent to inhale it, to induce intoxication is a second-degree misdemeanor, and knowingly distributing, selling, purchasing, transferring, or possessing more than 16 grams of nitrous oxide is a third-degree felony. Inflating a balloon with nitrous oxide creates an inference under that statute that the person knew the use was unlawful.

Source: chapter 2026-148, Laws of Florida, creating § 569.216 and amending §§ 893.03, 893.13, and 893.135. The governor approved the act on June 16, 2026.

Quick Answers

What is SB 432?

SB 432 is a 2026 Florida law, chapter 2026-148. It excepts FDA-approved xylazine animal drug products from Schedule I, creates a first-degree felony for xylazine in a food-resembling form, adds trafficking weights starting at 28 grams, and, under Meg’s Law, bans nitrous oxide at tobacco and nicotine dealers.

Is xylazine a controlled substance in Florida?

Yes. Xylazine has been a Schedule I controlled substance under § 893.03(1)(c)37. since 2016. SB 432 did not add it. The act added the veterinary exception, the food-resembling felony, and the trafficking offense.

When did each part of SB 432 take effect?

July 1, 2026 for the veterinary exception in § 893.03(1)(c)37. October 1, 2026 for the food-resembling felony, the trafficking offense, and Meg’s Law.

What is the penalty for selling xylazine in Florida?

A third-degree felony under § 893.13(1)(a)2. It is a first-degree felony with a 3-year mandatory minimum under § 893.13(1)(i) when the xylazine is in a form that resembles a food product, candy, a gummy, a vitamin, or a product with an actual or fake trademark or a cartoon imprint. Trafficking starts at 28 grams.

What is the penalty for possessing xylazine?

Possession is a third-degree felony under § 893.13(6)(a) except as chapter 893 authorizes, punishable by up to five years in prison and a fine of up to $5,000. Knowingly possessing 28 grams or more, including the weight of any mixture, is trafficking.

What weights trigger xylazine trafficking?

28 grams or more of xylazine or any salt of it, or 28 grams or more of any mixture containing it. The mandatory minimum is 3 years from 28 to under 100 grams, 7 years from 100 to under 200 grams, and 25 years at 200 grams or more, with fines of $50,000, $100,000, and $500,000.

Is xylazine still legal for veterinarians?

An FDA-approved xylazine animal drug product is excepted from Schedule I when its use conforms to the approved application or is authorized under 21 U.S.C. § 360b(a)(4). The manufacture, importation, distribution, prescribing, or sale of xylazine for human use is not covered by the exception.

What is Meg’s Law?

Meg’s Law is the short title of Section 2 of SB 432, the section that creates § 569.216. It makes it a third-degree felony for a licensed tobacco or nicotine dealer, or the dealer’s agent or employee, to possess, sell, deliver, or give nitrous oxide on or from the licensed premises. The xylazine provisions are in other sections of the act and are not part of Meg’s Law.

Who can be charged under Meg’s Law?

A dealer licensed or permitted under chapter 569, or the dealer’s agent or employee, who possesses, sells, delivers, or gives away nitrous oxide on or from the licensed premises.

Can a customer be charged for buying or inhaling nitrous oxide?

Meg’s Law itself names only dealers and their agents and employees. A customer is covered by § 877.111: inhaling nitrous oxide to induce intoxication, or possessing it with intent to do so, is a second-degree misdemeanor, and knowingly possessing, buying, selling, or transferring more than 16 grams is a third-degree felony.

Do grocery stores fall under the nitrous oxide restriction?

No, when the grocery store or supermarket is licensed or permitted by the Department of Agriculture and Consumer Services. A convenience business as defined in § 812.171 is not exempt, and a finished food product that uses nitrous oxide solely as a propellant is also outside the ban.

What should I do if I am charged with a drug offense?

Do not answer police questions until you have spoken with a lawyer. Read what happens after a drug possession charge in Florida and see our drug charges defense page.

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