COMPROMISE ON BILL TO CONTROL METH PROVES ELUSIVE

Committee Must Iron Out Differences

INDIANAPOLIS -- The goal seems simple enough: Lawmakers want to curb the
production of methamphetamine by making it harder for criminals to buy a
key ingredient.

But finding the best way to make that happen remains problematic.

The House and Senate have passed different versions of legislation that
would put restrictions on the sale of cold medicines containing
pseudoephedrine, a key ingredient in the production of meth, a highly
addictive drug that police are struggling to deal with across much of the
state.

Now, legislators will meet in a conference committee to try to hammer out a
compromise.

It's unlikely to be easy.

"The meth bill is a priority," said House Speaker Brian Bosma,
R-Indianapolis. "But there's a lot of work that needs to be done between
those who want to make this entirely pharmacist-controlled and those who
think there are other alternatives to accomplish the same result."

The discussion comes as costs for jailing meth users and dealers escalates
at a rate that is breaking county governments.

Gov. Mitch Daniels will announce today that the Department of Correction
will open a 204-bed unit at a prison in Peru aimed specifically at treating
inmates addicted to meth.

And Daniels has been meeting with a group of Southern Indiana sheriffs and
prosecutors who are struggling to keep up with meth labs that are not only
producing the dangerous drugs but also causing environmental hazards.

The legislative clash, though, is largely about restricting the sale of
so-called meth precursors, such as the medicines Sudafed and Claritin,
which contain pseudoephedrine.

It is essentially a balancing act among the needs of consumers who buy the
popular drugs, the stores that sell them and the law-enforcement officials
who are struggling to keep up with hundreds of meth labs cropping up
largely in rural areas.

Industry groups representing convenience stores, pharmacies and groceries
say they want to be helpful and are concerned about the problem. But they
oppose the most restrictive ideas.

And most customers are supportive of some restrictions on cold medicine
sales, according to a poll released last week that was commissioned by the
National Consumers Union and the Food Marketing Institute.

But Bill Johnson, a pollster at Harris Interactive, which conducted the
survey, said most consumers oppose restrictions that mean they can't get
the drugs conveniently when they need them.

Rep. Trent Van Haaften, D-Mount Vernon, said the key is finding the right
compromise.

"I'm hopeful we'll be able to do something meaningful," Van Haaften said.
"I hope the sentiment is there to take significant steps."

The House version of the bill is modeled after legislation in Oklahoma and
is similar to what passed this year in Kentucky.

It would make medicine containing pseudoephedrine a Schedule V drug. That
would mean it could be dispensed only by a pharmacist and would have to be
kept behind a pharmacy counter. Buyers would have to show identification
and sign a log to make the purchase.

That approach is controversial because it means convenience stores and
grocery stores without pharmacies no longer could sell the medicines. Also,
customers could buy them only when the pharmacies are open inside stores.

But law-enforcement officials have said such restricted access is the best
way to keep meth manufacturers from buying the pills in bulk and extracting
the pseudoephedrine they need.

"We've had overwhelming testimony that what the House bill does is
effective," Van Haaften said.

The Senate version of the bill is based on laws in California and Illinois.
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
- -- for example, keeping the packages in a locked case, requiring an ID for
purchase, keeping a log of buyers or using anti-theft devices.

Sen. Mike Young, R-Indianapolis, said retailers are open to making all
those changes, which he said have been effective elsewhere in reducing the
number of meth labs.

"This way, we can cut down on meth production and still give convenient
access to citizens," he said.

But law enforcement is urging stronger restrictions.

Young is insistent that the final legislation be mo re similar to that
passed by the Senate. And because a conference committee requires that all
four of its members sign off on a compromise before it can receive a vote,
his approval is necessary.

T he conferees will have until April 29 to find a compromise that then must
be approved by the House and Senate.

Meanwhile, Congress also is considering bills that would set national
standards for pseudoephedrine sales.

U.S. Sens. Jim Talent, R-Mo., and Dianne Feinstein, D-Calif., have
introduced legislation that would make the medicines Schedule V, putting
them behind pharmacy counters.

"This legislation is a dagger at the heart of meth manufacturing in
America," Talent said in a statement about his bill.