BID TO REDUCE METH PRODUCTION STALLS

Conferee Dislikes Cold Medicine Curbs

INDIANAPOLIS -- The chairman of a House-Senate committee considering
legislation meant to curb methamphetamine production said yesterday that he
won't agree to provisions backed by the governor to put cold medicines
behind pharmacy counters.

Sen. Mike Young, R-Indianapolis, told the four-member committee yesterday
that he wants to explore options to keep decongestants containing
pseudoephedrine out of the hands of criminals and drug users but still make
them convenient for law-abiding customers.

"I want to find every other alternative there is," he said. "I'm going to
have big-time trouble putting everything behind the counter."

Last week Gov. Mitch Daniels, a Republican, said he wanted lawmakers to
send him legislation requiring pharmacists to dispense the medicines. That
means convenience stores, as well as discount and grocery stores without
pharmacies, could no longer sell the medicines.

Daniels said customer inconvenience may be necessary to fight what he
believes is one of Indiana's most devastating problems.

But Young said he is confident Daniels will sign any legislation that puts
restrictions on pseudoephedrine sales.

Young's conference committee is seeking a compromise on Senate Bill 444.

As passed by the House, the bill would make about 400 current
over-the-counter medicines -- such as Sudafed -- Schedule V drugs. That
means they could be dispensed only by a pharmacist and would be kept behind
a pharmacy counter. Buyers would have to show an ID to purchase them and
sign a log.

That proposal is modeled after legislation in Oklahoma and is similar to
that passed earlier this year in Kentucky.

The Senate-passed version of the bill is based on laws in California and
Illinois, and it restricts the amount of cold medicine a customer can buy
to no more than 96 tablets or three grams.

It also requires stores to take other actions to keep the medicines secure
- -- keeping the packages in a locked case, requiring identification for
purchase, keeping a log of buyers or using anti-theft devices, for example.

Daniels said last week that states requiring the medicines to be purchased
from pharmacists have been the most successful at fighting the clandestine
drug labs, where dealers extract the pseudoephedrine from the medicines and
use it to make methamphetamine.

Yesterday, Jason Barclay, a legislative liaison for the governor, said
Daniels "didn't come to that decision easily."

"By not acting strongly . Indiana could become the clearinghouse for the
purchase of pseudoephedrine," Barclay said. "The danger is too real."

State and local law enforcement officials also said yesterday that they
support the stricter policies, even if they do inconvenience customers.

Steve Johnson, director of the Indiana Prosecuting Attorneys Council, said
he doesn't believe the Senate version of the bill is strong enough.

He wants the legislation to require customers to ask for the medicines,
show an ID and sign a log, all steps he said paranoid meth users are
unlikely to take.

But retailers said yesterday that law-abiding customers are also reluctant
to show an ID or sign a log simply to buy cold medicine.

"Many consumers don't want to ask for product so they go without," said
Gregory Fox, a pharmacy merchandiser for Kroger stores. He said customers
also have questions about what will happen to the information they would
provide on a purchase log.

Micah Wilkerson, a loss prevention supervisor for Walgreen's stores in
Southern Illinois, showed lawmakers how a digital camera can be used to
prevent theft and track purchases of pseudoephedrine.

He said some stores also use locked cases and other measures to deter drug
dealers from buying pseudoephedrine products.

Grant Monahan, president of the Indiana Retail Council, said that Indiana
has only 80 round-the-clock pharmacies. That's not enough to handle the
business of 6 million Hoosiers, he said.

Young plans to reconvene the conference committee on Monday to try to work
out a compromise that can receive final votes in the House and Senate
before adjournment, scheduled for next Friday.

Rep. Eric Koch, R-Bedford, said yesterday that he believes lawmakers can
reach an agreement by the deadline.

"We'll consider all the options and come back on Monday in a spirit of
compromise," Koch said.

He said lawmakers agree on the goal. "It's just a matter of how we get
there," he said.