STATE METH LAW NEEDS TO BE CLARIFIED

Several judges have ruled the state's methamphetamine law - especially as
it relates to manufacturing the drug - unconstitutional While efforts by
law enforcement personnel to control methamphetamine production are
well-intentioned, it appears there are parts of the Kentucky statute that
need to be worked out.

Warren Circuit Court Judge John D. Minton Jr., Simpson Circuit Court Judge
William Harris and Logan Circuit Court Judge Tyler Gill are among several
jurists who have ruled the state's methamphetamine law, as it relates to
the manufacturing of the drug, unconstitutional; others have not always agreed.

Contributing to the problem is the fact that ingredients used to make meth
are legal, making it difficult to prove intent to commit criminal activity.
While it may never be completely rigid, the law should at least be clear
enough that citizens will have no difficulty understanding it.

One solution would be the establishment of a more reasonable limit as it
relates to the possession of legal items that would trigger indications of
criminal intent.

"Courts and law enforcement officials need guidelines so that we can
determine when a citizen has crossed the line," Minton said. "I'm concerned
about the addict - he or she can always make it; they can obtain the
ingredients without going to the back alley and dealing with some drug dealer."

Considering the common availability of the meth products, disagreement
between judges and with the rights of citizens in the balance, Minton said
it is appropriate for the appellate court and Kentucky General Assembly to
clarify the issue.

"People should be able to know that when one leaves Wal-Mart with a couple
of bottles of Sudafed, they are OK. If one leaves there with two crates of
Sudafed, however, they may have some explaining to do," wrote Caldwell
Circuit Judge Bill Cunningham in his ruling on dismissing a case against a
defendant charged in a meth case.

As it stands, Kentucky Revised Statutes say a person is guilty of
manufacturing meth "when he knowingly and unlawfully possesses the
chemicals or equipment for the manufacture of methamphetamine with the
intent to manufacture methamphetamine."

The chemicals used to manufacture meth such as coffee filters,
over-the-counter sinus medication, glass jars, lye, car batteries and
propane torches all are legal items and can be purchased by persons with no
criminal intent.

That, said Harris in a court ruling, leaves the door open to "rank
speculation."

Courts and legislators must work with law enforcement officials not only to
protect citizens from the arbitrary exercise of government power, but also
to rid society of the scourge of this addictive and easily-made drug.